Wednesday, January 14, 2009

Enemy Alien under the Indian Constitution

The concept of enemy alien began to intrigue me ever since I attempted to write this article. Therefore, I tried to find its basis in our Constituent Assembly Debates (link introduced on the left), but drew a blank after reading the debate for draft Article 15A on September 16, 1949. One Member,Mahavir Tyagi referred to it, but said it was agreed. Originalism appears to be of no help to know why Article 22(3)(a)was inserted in the Constitution.
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