I am not going to make the argument that because we don’t have enough resources and it’s already an overpopulated country, let’s not take more people on board. Sorry, I won’t take that position at all, for a very good reason because I am in favor of giving shelter to persecuted Indic communities in India. How is that wrong? That is anyway the position that is being proposed in the Citizenship Amendment Act, where we are basically saying, that specific persecuted minorities such as Hindus, Parsis, Jains, Buddhists, Christians, Chakmas from Afghanistan, Pakistan, Bangladesh, three countries have been identified on the basis of which we also have issued LTV notifications, for long term visas, let them be settled in this country.
After all we can’t forget history, which says that these people have always belonged to this particular sub-continent and they should find shelter in some parts of the sub-continent and what better place than the motherland itself, which is India and again there is a legal argument to be made here. I will invite only those people in this country, who according to me do not pose a threat to my existence, the law requires me to treat everyone within this country equally. But when somebody decides to enter my country, my prerogative in terms of a sovereign country reigns supreme, which means I get to choose who enters and who can’t, and I can give specific reasons for it. I can give specific rationale for it.
Therefore, it is not illegal, unconstitutional, to say that these are the people who we will invite in this country because we believe they don’t pose trouble. Therefore, if somebody gives the stupid argument, you have invited Zoroastrians, you have invited Tibetans, you have invited these peoples, yes, because I believe they don’t pose any trouble to me. Shouldn’t I have some kind of a concern when 40000 people sneak in and out of those 40000 people 16000 people are in the, in perhaps the controversial flashpoint in India, which is Jammu and Kashmir and all Jihadi organizations and pro separatist organizations throw their weight behind them. Aren’t you actually proving the Supreme Court’s finding that there are political reasons for it? That this is true.
Bearing this in mind, it is legitimate for us to basically take the position that on the basis of identity, India may have the right and perhaps has the right and has the right, to decide who shall and shall not enter this country and where am I drawing this position from? I am drawing this position from the Foreigners Act which has been interpreted in two landmark judgements of the Supreme Court, one in 91 where it specifically says that the power of the government to expel an illegal immigrant in unfettered. It is its sole prerogative. I am only saying the converse, the power of the government to allow people to enter is also equally unfettered. If I can kick people out solely on my prerogative, I can certainly invite them on my prerogative. That is the converse. To put it in James Bond terms, the license to kill is equally the license to not kill.
Therefore, as far as I am concerned, the Foreigners Act is the only legislation that applies to this particular issue or at least has to hold supreme because you can’t site Articles 14 and 21 of the constitution because in the very same judgement the court is also held. All these people certainly have the benefit of Article 21 of the constitution, which means they will be treated as dignified people. They will be treated with dignity that doesn’t necessarily translate to giving them a residence in this particular country, because if you choose to do that, everybody can walk into this country invoke article 21 and 14 and render useless the power of the government under the Foreigners Act to kick them out.