Ambedkar’s Constitutional Vision for Assam

Context

The Supreme Court reminded people that citizenship should be determined fairly and lawfully, thus reigniting deliberations on Dr B.R. Ambedkar’s constitutional stance on Assam’s migration issues at the time of the Constituent Assembly discussions.

Key Highlights

• In a recent order, the Supreme Court has directed several cases related to citizenship in Assam to be referred to Foreigners’ Tribunals after holding that they have to be considered under a “fair, lawful and reasonable process.
• The judgment has brought back the remembrance of the discussions of the Constituent Assembly of 1949, while Dr B.R. Ambedkar was formulating the provisions on citizenship in India and Assam’s apprehensions of migration.
• The debate is still ongoing in the context of citizenship verification, migration and constitutional rights.

Historical Background

• In the event of Partition, India saw one of the largest migrations in history which posed complicated questions of citizenship.
• At the beginning of the Constitution, the Constituent Assembly was engaged in a lengthy discussion about who was entitled to be a citizen of India.
• Assam had some specific apprehensions because of the ongoing migration from East Bengal (now Bangladesh), apprehensions of socio-economic changes and demographic changes.
• Dr. B.R. Ambedkar was the chairperson of the Drafting Committee, which framed balanced wording to tackle those problems.

Ambedkar’s Vision of Citizenship

• Constitutional and Rule-Based Framework

  • Ambedkar gave special attention to the fact that citizenship must be determined by constitutional provisions and not political issues.
  • He admitted that the drafting of the citizenship provisions was one of the most difficult tasks for the Constitutional Assembly.

• Clear Eligibility Criteria

  • The draft Constitution included citizenship based on:
    • Birth in India.
    • Parentage.
    • Ordinary residence for a prescribed period.
    • Special provisions for migrants affected by Partition.

Taking Assam’s Migration Issues into consideration

• In the debates, there was a concern about the subject of migration to Assam from East Bengal.
• Ambedkar clarified that:
  • Not everyone who migrated was automatically granted citizenship.
• People who arrived after the specified cut-off date had to:
  • Apply for citizenship.
  • Fulfil residency requirements.
  • Undergo scrutiny by authorised government officials.
• Authorities had discretion whether to check if applicants were intending to become permanent residents and meet the legal conditions.
• As such, Ambedkar tried to reconcile:
  • National security,
  • Humanitarian concerns,
  • Constitutional guarantees,
  • Administrative scrutiny.

Constitutional Principles Highlighted

• Rule of Law: Citizenship is acquired by following law.
• Equality before Law (Article 14): All applicants are treated fairly.
• Due Process: All administrative decisions have to be made lawfully.
• Constitutional Morality: Individual rights should coexist with national interests.
• Federal Sensitivity: Regional demographic issues need to be dealt with without infringing on constitutional values.

Contemporary Relevance

• The debate continues to be important due to:
  • Citizenship verification exercises.
  • Foreigners’ Tribunal proceedings.
  • Migration management.
  • National security concerns.
  • Safeguard of true citizens.
• Playing the humanitarian and sovereign roles
  • The recent observations by the Supreme Court echo Ambedkar’s advice that citizenship should always be based on a fair, transparent and lawful procedure.

Way Forward

• Improve citizenship verification by clear and legally robust processes.
• Provide fair and equal treatment to citizens in citizenship matters.
• Improve record-keeping and Digitalisation to minimise conflict.
• Strike a balance between national security, constitutional protection and human rights.
• Encourage Centre-State coordination in respect of migration-related issues.

Conclusion

• Dr. B.R. Ambedkar’s solution to the Assam citizenship issue had a balance of humanitarian consideration, regional sensitivity and constitutional governance. 
• He remains focused on the legal, fair and institutional protection of citizenship in India. His constitutional philosophy will continue to be relevant and useful in the area of migration and citizenship, which are important policy matters.

Source: The Indian Express

Prelims PYQ

Q. With reference to India, consider the following statements: (2021)

1. There is only one citizenship and one domicile.
2. A citizen by birth only can become the Head of State.
3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) 1 and 3
(d) 2 and 3

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