Statelessness in Indian Legal Framework with Reference to National Register of Citizens in Assam

Abstract

With the publication of the final list of National Register of Citizens (NRC) in Assam, the indispensable question regarding the legal status of individuals who would be excluded from the final version arises. This work critically analyses the legal framework that addresses and governs statelessness, by taking into consideration, both the domestic laws, and the international treaties which India is a party to and argues that the contemporary legal system does not address the issue of statelessness effectively and requires an overhaul. The lack of a comprehensive legislative policy to address statelessness will prevent uniformity in the expulsion methods that is employed by the state. In the light of forced deportation and the subsequent expulsion, this paper highlights the significance of formulating a uniform policy that operates on established humanitarian principles that does not vary from one instance to another. This paper aims to understand statelessness in the context of illegal immigration in the state of Assam. It examines the existing domestic and international frameworks of law applicable to India and tries to understand the status of those who would be excluded from the final draft of the NRC. It explores the background of the Assam crisis, by analysing two landmark judgments and discusses the Indian legislations that govern citizenship and examines