Democracy, Human Rights and Citizenship Law

The term democracy stems from the Greek words demos i.e. “people and kratos i.e. “power”.
Therefore, “democracy” is essentially a kind of governance wherein people exercise power to
govern. This power is exercised either directly or indirectly through representatives.
Popularly to ensure an effective administration of policy and governance it is exercised
through representatives who go on to form government.

In democracy, every citizens does get a fair chance to engage in this process. As Bryce
defines “Democracy is a form of government in which the will of majority of qualified
citizens rules, taking the qualified citizens to constitute the great bulk of inhabitants…”1

This brings with it a substantive threat to the will of those whose representation could not
eventually result in the formation of the government with references to policies and law that
will be made or enacted by the government. These concerns are addressed in democratic
setup through several mechanism and Human rights is one such issue which cannot be
compromised. UDHR was first to address these issues on an international level. Today all
democratic governments have these rights incorporated in their constitution. The Part III of
the Indian Constitution guarantees these rights in form of fundamental rights, and no law
inconsistent with these are valid. Citizenship is essential on two basis first being birth which
also has several classification on the basis of parent to whom such potential citizens are born.
The other is granted by the sovereign upon fulfilment of certain conditions as specified by the
government by way of legislations. These legislations, or policies also have to be consistent
with the fundamental rights which are applicable to concerned subject.

The proposed chapter shall study the significance of human rights in citizenship law with
reference to Indian laws.

1
Bryce, J., Modern Democracies, p. 26.