NATIONALITY, SOVEREIGNTY, AND STATELESSNESS: AN INDIAN CONSTITUTIONAL ANALYSIS WITHIN THE FRAMEWORK OF CONTEMPORARY INTERNATIONAL LAW
AUTHOR – NIRMAL ANAND KUMAR, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU
BEST CITATION – NIRMAL ANAND KUMAR, NATIONALITY, SOVEREIGNTY, AND STATELESSNESS: AN INDIAN CONSTITUTIONAL ANALYSIS WITHIN THE FRAMEWORK OF CONTEMPORARY INTERNATIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 652-663, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
This study engages in an exhaustive examination of the notions of nationality, sovereignty, and statelessness under the Indian Constitution, set against the backdrop of the modern-day framework of international law. Nationality is the juridical foundation that ties the individual to the state, providing the gateway for political membership, civil participation, diplomatic protection, and constitutional entitlements. Nationality has traditionally been regarded as an emanation of sovereignty, where the plenary powers of the state determined membership within the political community. The modern-day framework of international law has dramatically changed the traditional approach. Nationality today is at the crossroads of sovereignty, human rights, and constitutional morality.[1]
In the Indian context, Part II of the Constitution (Articles 5-11) provides the framework for citizenship, supplemented by the Citizenship Act, 1955 (amended in 1986, 2003, and 2019), which embodies the sovereignty-centered approach, prioritizing territorial integrity in the backdrop of Partition migration and the present-day NRC/CAA conundrum in Assam (2019)[2]. The non-ratification of the 1954 and 1961 Conventions on the Status of Stateless Persons underscores the Indian stance on sovereignty; yet, judicial determinations under Articles 14, 21, and 300A suggest an emerging trend of harmonization with customary international law principles enshrined in UDHR Article 15 and ICCPR Article 24(3).[3]
The central thesis of the study is that the Indian Constitution provides strong protection for sovereignty; yet, the unregulated use of sovereignty could well precipitate statelessness for Chakma refugees, Sri Lankan Tamils, Rohingya, and NRC-excluded individuals, thus undermining the principle of constitutional morality and erga omnes obligations. The methodological approach of the study, through an examination of the relevant enactments, judicial determinations, and treaty law, reveals discriminatory provisions, the absence of an overarching framework for statelessness, gender issues, and the controversy over the application of jus soli. The study argues for an evolutionary approach that accommodates international norms without compromise, placing India at the forefront of the statelessness debate in the region.
KEYWORDS
Nationality, Sovereignty, Statelessness, Indian Constitution, Citizenship Act 1955, CAA 2019, NRC Assam International Conventions Article 21, Doctrinal Analysis, Nottebohm Case, Jus Soli, Jus Sanguinis, PIL.
[1] Hannah Arendt, The Origins of Totalitarianism 296 (Schocken Books 2d ed. 1958).
[2] Final NRC Assam Publication (Aug. 31, 2019), https://nrcassam.nic.in.
[3] Universal Declaration of Human Rights, art. 15, G.A. Res. 217A (III), U.N. Doc. A/810 (Dec. 10, 1948); International Covenant on Civil and Political Rights art. 24(3), Dec. 16, 1966, 999 U.N.T.S. 171.