Sahaj Mathur comprehensive assessment of Section 10(2)(b) and allied provisions that are applicable when the State seeks to pass a denationalization order under Citizenship Act, 1955.
Abstract
The power of states to denationalize their citizens has become the subject of immense controversy in the aftermath of Shamima Begum‘s case. Under Section 10(2)(b) of the Citizenship Act, 1955, the Central Government of India possesses a wide-ranging and unhindered power to denationalize an Indian citizen on the grounds of “disloyalty” or “disaffection”. The absence of any definition of these grounds, coupled with the complete lack of judicial oversight can lead to significant abuses of the state‘s power of denationalization. In this light, Section 10(2)(b) presents significant concerns, given that an exercise of such power could lead to Indian citizens losing their fundamental rights, being subjected to deportation and possibly being rendered stateless. Given that in recent years, the number of people that have been denationalized globally has grown manifold, Section 10(2)(b) merits closer scrutiny. This paper attempts to fill the significant void in literature on this subject. In this context, the paper begins with a comprehensive assessment of Section 10(2)(b) and allied provisions that are applicable when the State seeks to pass a denationalization order under Citizenship Act, 1955. It then places Section 10(2)(b) within a theoretical framework in order to assess the conflict between denationalization and the modern conception of citizenship, which is regarded as an inalienable and equal status. It also assesses Section 10(2)(b) vis-a-vis the social contract theory, in which denationalization originates as a means to assert the duty of allegiance owed to the State. Ultimately, the paper proposes a reconstruction of Section 10 in order to reconcile the aforementioned conflict and uphold the duty of allegiance, which forms the basis of the State‘s denationalization powers.