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2.

WHETHER ILLEGAL IMMIGRATION VIOLATES PART II OF THE CONSTITUTION AND


OTHER CITIZENSHIP RELATED PROVISIONS?
It is humbly submitted before this Hon’ble court that there is no violation of part II of the Constitution and
other related citizenship provisions as contended by petitioners without any reasonable doubt. Respondent
would like to establish this fact through various powers conferred upon Parliament of Indostan in relation to
acquisition and termination of citizenship and other matters related to citizenship (Art. 11). Constitution also
provides various law amending powers to Parliament (under Art. 368) in order to find a feasible way to uphold
the rights of non-citizens. Respondents are of the view to regard non- Muslim immigrants as refugees because
of compelling socio-political constraints and discrimination by the dominating religious groups in
BANGLASTAN and other countries due to which they have been forced to leave their Countries as itself stated
by the Chief Minister of Timola.

ARGUMENTS ADVANCED
Respondents humbly submits before this hon’ble court that there is no scope of violation on the part of
respondents with regard to Part II of the Constitution and other related citizenship provisions. Respondents are
well aware of the fact that their own existence is genesis of the mother of all laws, which is Constitution of
Indostan. Respondents would never think of staining the Holy Scripture, which was framed by our founding
fathers. Rather respondents are of the view to give shape to the intention of founding fathers in order to save
our brothers and sisters, which are constantly being persecuted in the neighboring countries including
Banglastan. This is the reason to consider non- Muslim immigrants as refugees because of compelling socio-
political constraints and discrimination by the dominating religious groups in BANGLASTAN and other
countries due to which they have been forced to leave their Countries.

Every action taken on the part of present Government is within the limits of provisions enshrined under
Constitution of Indostan and respondents would be establishing this fact under following contentions.
Government is exercising its power under three heads

1. Art. 246(1) under Entry 17 List I(Union List).

Entry 17 of List I (Union List) given under Seventh Schedule includes Citizenship, naturalisation and
aliens.
These three are the subjects under which Parliament has exclusive power to make laws. As these two
subjects are included in the Entry 17 of Union List, there is no point of discussion that Parliament or Govt.
is exercising their power beyond the Constitution. This power is conferred on the Parliament by Art.-246(1)
which expressly provides that Parliament has ‘exclusive power’ to make laws with respect to any of the
matters enumerated in List I (Union List) in the Seventh Schedule. This is the reason of exercising power on
the subjects of citizenship and naturalisation in order to make these refugees as citizens. With regard to this
government is taking necessary steps. One of such achievement is Citizenship (Amendment) Bill 2019.

Thus the above contentions prove what Parliament or Government is intending to do is neither beyond the
powers of Parliament nor it is in violation of Constitution.

2. Power of Parliament to regulate the right of citizenship by law.1

Article 11 of Indian Constitution expressly provides that nothing in the foregoing provisions of this Part shall
derogate from the power of Parliament to make any provision with respect to the acquisition and termination of
citizenship and all other matters relating to citizenship.

It is well-established law provided under Art.11, which confer law-making power on the Parliament with regard
to acquisition as well as termination of citizenship and several other matters pertinent to citizenship. Thus it is
clearly evident that sole power in order to matters relating to citizenships including its acquisition is within the
hands of government and no prior provisions (i.e., A-5 to A-10) could derogate Parliament to make those
provisions.
Thus as has been pointed out at the outset, the Constitution does not intend to lay down a permanent or
comprehensive law relating to citizenship of Indostan.2
The power to enact such a law is left to Parliament by the present Article. In exercise of this power, the
Parliament has enacted the Citizenship Act 1955 in order to widen the scope of citizenship for the
acquisition and termination of citizenship subsequent to the commencement of the Constitution.

This power is not fettered by Arts. 5-10 and it is competent for the Parliament, in exercise of this power to take
away or effect citizenship already acquired under the earlier Article.3

Regarding this as a basis, Government is taking initiatives to come up with amendment Act that is introduced as
Citizenship (Amendment) Act 2019 which proposes three things, most important of them is providing
citizenship to non-Muslims from Banglastan and two more neighboring countries and would not be treated
as illegal migrants. This bill has been passed by majority in lower house of the Parliament of Indostan and
awaited for Upper house decision. Moreover this Bill is Government approach to uphold the various

1 Art. 11 of Indian Constitution


2 State of U.P v. Shah Md., AIR 1969 S.C 1234 …………….(dd basu page 39)
3 Izhar Ahmad Khan v. Union of India, AIR 1962 SC 1052……(dd basu)
international treaties and save them from persecution and Indostan is obligatory to provide safe environment to
these refugees on humanitarian grounds.

Refugee definition and laws in relation to accept them on humanitarian grounds.

2.

3. Power of Parliament to amend the Constitution and procedure therefor.4 (368)

Doubtful ******

4. Section 3A of Foreigners Act 1946

4 Art. 368
Power to exempt citizens of Commonwealth Countries and other persons from application of Act in certain
cases.

The Central Government may, by order, declare that all or any of the provisions of this Act or of any order
made thereunder shall not apply, or shall apply only in such circumstances or with such exceptions or
modifications or subject to such conditions as may be specified in the order, to or in relation to—
(a) the citizens of any such Commonwealth Country as may be so specified; or (b) any other individual
foreigner or class or description of foreigner.

(2) A copy of every order made under this section shall be placed on the table of both Houses of Parliament as
soon as may be after it is made.

Hence it is humbly prayed before this hon’ble court that power to grant asylum to those illegal immigrants
within the territory of Timola and grant them the status of Indian citizen is not derogatory or in violation to the
provisions of Constitution. Rather it is power conferred on the Parliament by the founding fathers of
Constitution to take bold and right decisions in order to save the lives of those who have faith on us and it is our
prime duty to accept them on humanitarian grounds. Also it is submitted that Government is not adopting any
kind of arbitrary means to do it as discussed with the help of above-mentioned provisions.

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powers under 3 heads

1. Artcile 246 (union list , entry 17 list 1 )


2. Article 11
3. Sec 3(2)(b), sec 18 (Amm act 1955)
4. Official gazette
State v Unomati Biswas
Quotes to be added