University:
University College London
Course:
LAWS0220 | Administrative Law
Academic year:

2024
Views:

343

Pages:

4
Author:

Nam B.

India's Administrative Citizenship Regime Presented by: Mrs. Ahmed and Mr. Nair Date: 4 November 2020 Motivation For The Paper - Focus has been primarily on primary legislation, particularly CAA - A number of secondary legislation - rules, regulations, orders - policies and administrative actions form the backbone of India's citizenship regime and will continue to impact people's lives - Identification: Volume of administrative regime makes it difficult to identify them - Accessibility: missing from Govt. portal or not reflected in the parent rules/regulations e.g. Foreigners Amendment Order, 2016, Passport (Entry into India) Amendment Rules, 2015 and 2016 - An attempt to survey secondary legislation and policies, which have the most bearing on the on-going citizenship crisis in India. - Three types of secondary legislation and policies: • Entry and exit (Rules under Passport Act, Foreigners Act etc.) • Grant of long term visas (LTV Policy) • Citizenship determination and verification (Citizenship Rules and Citizenship ID rules) Lawfulness of Administrative Regime - Gender discrimination and stereotyping: • - Bias • - e.g. Identification of beneficiaries under LTV Policy e.g. Grant of facilities under LTV Policy Excessive Delegation and ultra vires • Unguided power under the Passport Act as well as Passport Rules to exempt classes of people from operation of rules • Exemption to CAA beneficiaries Potential for Judicial Review - Courts have taken a largely deferential approach - An impression exists that there is little or no scope for judicial review - Use of phrases like 'absolute and unfettered', 'unlimited' in relation to administrative discretion - But, there are aspects which are underemphasized - Nothing to indicate that the courts will refrain from applying well established administrative law principles Conclusion - Survey of administrative regime - Extent of Judicial review - Hope to start a conversation surrounding administrative citizenship regime