International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

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Volume 8 Issue 2
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Bridging the Constitutional Void: Reconciling Sovereign Exclusion and Universalist Humanitarianism

Author(s) Ms. Deeksha Pandey, Dr. Roshni Shrivastava
Country India
Abstract This paper examines the fundamental tension within the Indian constitutional order between the sovereign prerogative to manage borders and the universalist humanitarian obligations owed to refugees. In the absence of a comprehensive statutory framework governing asylum, and with non-citizens subject to the draconian, colonial-era Foreigners Act of 1946, the Indian judiciary has historically acted as the primary architect of a "shadow refugee code". By harmonizing Fundamental Rights specifically the Article 21 right to life with the welfare goals of the Directive Principles of State Policy, the courts have constructed a jurisprudence of protection that includes the principle of non-refoulement and mandates humane living conditions for stateless persons.
However, this traditional model of judicial activism is inherently unstable, caught between public interest adjudication and separation of powers critiques. Furthermore, it has been severely undermined by India's exclusionary shift toward jus sanguinis citizenship laws and the modern weaponization of digital identity. State actions like the 2025 "Operation Sindoor" demonstrate how centralized biometric databases, such as Aadhaar, are cross-referenced to create a "Data Trap," transforming tools for accessing basic services into mechanisms for systemic deportation and digital erasure
Keywords Indian Constitution, Judicial Activism, Refugee Law, Informational Self-Determination, Self-Sovereign Identity (SSI)
Field Arts
Published In Volume 8, Issue 2, March-April 2026
Published On 2026-04-14
DOI https://doi.org/10.36948/ijfmr.2026.v08i02.74663
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E-ISSN 2582-2160
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