Overview
Understand the distinction between citizenship and domicile., Analyze constitutional provisions (Articles 5 to 11) and the Citizenship Act, 1956., Examine types of citizenship, including dual nationality and OCI., Evaluate processes for renunciation, revocation, and termination of citizenship., Address issues like statelessness, refugees, and illegal migration., Explore the Assam Accord and Section 6A of the Citizenship Act., Critically analyze key judgments and legislative developments., Develop informed perspectives on Indian citizenship laws and practices.
Law students and graduates., Advocates and legal practitioners, Academicians and researchers., Civil servants and policymakers., Social activists and NGO workers., General learners interested in citizenship laws.
Basic understanding of the Indian Constitution, especially fundamental rights and duties., Familiarity with key legal concepts and principles., Interest in public law, constitutional law, or human rights issues., Analytical and critical thinking skills to engage with case studies and legislative analysis., Proficiency in English for understanding legal texts and discussions (optional if the course is multilingual).
This course provides a comprehensive understanding of the legal framework governing Indian citizenship, tracing its evolution from constitutional provisions to contemporary legislative amendments. The course delves into theoretical and practical aspects of citizenship, highlighting the complex interplay between law and societal challenges.
Module 1: Introduction and Constitutional Provisions (Articles 5 to 11)
This module introduces the foundational concepts of Indian citizenship, distinguishing it from domicile. It explores the constitutional provisions under Articles 5 to 6, including citizenship by birth (jus soli) and descent (jus sanguinis), and examines the repeal of Article 3. Special focus is given to issues of statelessness, refugees, and post-constitutional developments that have shaped India's approach to citizenship.
Module 2: Citizenship Act, 1956
This module examines the legislative history of the Citizenship Act, 1956, and its significant amendments. It covers the various types of Indian citizenship, including Commonwealth citizenship and the evolving notion of dual nationality. The Overseas Citizenship of India (OCI) scheme is also analyzed in the context of its legal and practical implications.
Module 3: Termination of Citizenship (Articles 9 to 11)
Focusing on the termination of citizenship, this module explores legal provisions for renunciation and revocation under Articles 9 to 11, including the 2005 and 2015 amendments. It critically examines the oversight mechanisms such as the Illegal Migrants Determination Tribunal, providing insights into the safeguards and challenges in managing citizenship issues.
Module 4: Assam Accord and Section 6A of the Citizenship Act
This module addresses the Assam Accord and its aftermath, focusing on the distinct categories of migrants and their settlement across various regions. It culminates in a discussion of the 2019 Constitutional Bench judgment on Section 6A of the Citizenship Amendment Act, analyzing its validity and implications for Indian citizenship law.
This course equips learners with the knowledge to critically analyze citizenship laws and their practical applications, fostering a nuanced understanding of one of India’s most significant and evolving legal areas.
Muralidharan R
• University Research Fellow (URF), Department of Legal Studies, University of Madras. (1984 – 1986)
• Patent Assistant, Remfry & Son (1986 – 1988).
• Assistant Professor, National Law School of India University, Bangalore (1988 – 1992)
• Visiting Lecturer, University Law College, Bangalore (1993 – 1996).
• Infosys Research Fellow, NLSIU, Bangalore (2002 – 2004).
• Regularly drafts and files Patent Applications.
• Teaches Intellectual Property Law at NALSAR Hyderabad, IIM Bangalore, ASCI, Hyderabad, National Law University Jodhpur, Symbiosis Law School and RG School of Intellectual property law, Kharagpur as a Guest Lecturer.
• Actively involved in some of the leading IPR Infringement, EMR Revocations, Opposition and Rectification cases in Bombay, Madras, Bangalore and New Delhi.
• Regularly attends and acts as Resource Person in Professional Improvement Programs on IP Law, Environmental law and International Trade law.
• Headed the Bangalore Office of Krishna & Saurastri Associates, Patents& Trademark Attorneys Bangalore from January,2003- February, 2014.