(This is the latest edition of the Political Line newsletter curated by Varghese K. George. The Political Line newsletter is India’s political landscape explained every week. You can subscribe here to get the newsletter in your inbox every Friday.)
Who qualifies as a legal resident or citizen of a country can be contested even in the best of times. Today, this question comes up in many countries even more.
International law offers no protection or rights to economic refugees who enter a foreign country, but asylum claims can be made on the basis of ethnic or religious persecution. Being poor does not qualify anyone for asylum, citizenship, or residency anywhere, though a considerable part of international migration is for economic reasons. Countries that accept immigrants look for people with qualifications and the capacity to be productive economically.
People who have money can go to almost any country they want to, and the United States under President Donald Trump is planning to turn this track busy. “For $5 million, this could be yours…. Pretty exciting, right…” Mr. Trump said, on April 4, showing a prototype of the gold card, which will be available to people who want to live in the U.S.
The gold card, or any residency card, is not equivalent to citizenship, but is in many cases, a route to it. The membership of a national community was not up for purchase, until capitalism and globalisation changed the world. The willingness to sacrifice, serve, and bring some talent or skill that could benefit the community were the measures to integrate into a national community. Now, several countries offer an investment route to residency.
If money can buy it, can citizenship be sold by individuals? Can it be fungible? Seen in the context of globalisation, the transactions of which are entirely done in the currency of money, yes. Seen in the context of nationalism, which assumes that what holds a community together is not money, no.
Rohingya children can go to school in India
In India, the status of the Rohingya refugees, who fled persecution in Myanmar is precarious, and the Centre has launched a new drive to evict them. But the Supreme Court of India has ruled that regardless of their legal status, children cannot be denied education. Following the order, government-run schools in Delhi have admitted a handful of Rohingya children, who will have a shot at a better life. That may not be the end of their problems though. Recently, a member of the Indian parliament from Mizoram crossed over to Myanmar on foot, and asked his fellow tribespeople to join the Indian Union.
Doubtful citizens in Assam
Koch Rajbongshis of Assam, who have been living in the shadows, have got huge relief. Many of them are accused of being illegal immigrants. The Assam government has recently decided to withdraw nearly 83,000 cases pending against them in Foreigners Tribunals. Assam has a legal regime to identify and deport illegal immigrants, the definition of which has changed over time. Many Rajbongshis have Bengali-sounding surnames, and they often get tagged as D — or doubtful — in the electoral rolls, a measure that draws from the State’s long history of animosity towards Bengali migrants. People who have their citizenship status tagged doubtful have to prove that they are indeed citizens, not an easy task. The BJP finds electoral benefit in this generosity. The State goes to polls next year.
Federalism Tract: Notes on Indian Diversity
How soon is “as soon as possible”?
‘ASAP’ is an expression that is often used to avoid a commitment to deadline, but this can cause a governance logjam. After Tamil Nadu Governor R.N. Ravi took shelter in the expression “as soon as possible” in Article 200 of the Constitution to indefinitely delay several Bills passed by the State Assembly, the Supreme Court has intervened to specify exact timelines for a Governor’s response in different scenarios. Rule of law can be possible only through definitions. When definitions are contested, enforcement of rules becomes difficult. Many legal disputes originate in a dispute over a definition.
Delimitation — Reading Article 81
Democracy and federalism are both fundamentals of India’s organising principles enshrined in the Constitution. Balancing these can sometimes be a challenge, and the ongoing debate on delimitation of Lok Sabha constituencies is a case in point. Article 81 of the Indian Constitution deals with this question. It is through a two-step process: first of dividing representation among States, and second, of dividing representation within the State. The first step is based on the 1971 census and the second step is based on the census of 2001. This needs to change after 2026. I take a look at the numbers (along with my colleague Vignesh Radhakrishan) and the constitutional arguments in this Data Point.
Published – April 11, 2025 09:31 am IST