Is CAA Against The Constitution?

Can Supreme Court reject CAA?

The Supreme Court on Wednesday said the Citizenship (Amendment) Act (CAA), 2019, is “uppermost in everybody’s minds”, but refused to stay the law without hearing the government first.

The CJI indicated that the CAA challenge may eventually be referred to a Constitution Bench for a decision on merits..

Why CAA is unconstitutional?

Not Just Equality, the CAA Betrays Constitutional Values of Dignity, Integrity. The CAA denies the value of community as it violates fraternal bonds between communities: a public good recognised by Ambedkar and the Supreme Court in decisions on secularism.

What is NPR NRC and CAA?

Amid the anger and acrimony over the Citizenship Amendment Act (CAA), the National Population Register (NPR), and a possible National Register of Citizens (NRC), which the government has said has not been finalised yet, there has been little thought regarding its effects on another growing challenge — the quality of …

Is NRC unconstitutional?

Union of India , where the Court held that legislations could be struck down on the ground that they were manifestly arbitrary. … With the legal position on the doctrine now settled, it is submitted that the NRC violates Article 14 of the Constitution on the ground that the exercise is manifestly arbitrary.

Does Article 14 apply to foreigners?

The protection of Article 14 applies equally to both citizens and foreigners. … The Accord deems any person who cannot prove his ancestry beyond March 24, 1971 as an alien. It does not differentiate on the ground of religion in this aspect.

What does CAA and NRC mean?

What is CAA? The Citizenship Act, 1955 provides for acquisition, determination, and termination of Indian citizenship. … Such a foreigner has to become eligible to apply for citizenship after fulfilling the minimum legal requirements. What is NRC? National Register of Citizens (NRC) is a record of the citizen of India.

Is CAA anti constitutional?

The primary ground on which the CAA is being challenged is its ostensible violation and abuse of the ‘right to equality’ enshrined in the Indian Constitution. The Citizenship Amendment Act 2019 has undoubtedly driven a deep chasm into the heart of not only the Indian polity and the society at large.

Why CAA and NRC is unconstitutional?

“It violates Article 14 because it is neither predicated on a legitimate state aim nor does it make a reasonable classification.” Parthasarthy goes on to explain why there does not appear to be a legitimate aim to the CAA, and why the mooted objectives of the legislation are arbitrary.

Does CAA violate Article 15?

As the Act is not applicable to Indian citizens, it does not violate Article 15. On similar grounds, it is not violative of Article 21, as the amendment to the Act has no bearing on citizens’ rights and liberties which remain intact as heretofore.

What is wrong with CAA India?

It seeks to legally establish Muslims as second-class citizens of India by providing preferential treatment to other groups. This violates the Constitution’s Article 14, the fundamental right to equality to all persons. This basic structure of the Constitution cannot be reshaped by any Parliament.

Why is the CAA wrong?

No matter which way you look at it, the CAA is a manifestly perverse piece of legislation. It creates an arbitrary distinction between illegal immigrants on the basis of their religion – by granting benefits to some communities while entirely excluding Muslims.

What is the reality of CAA?

The CAA (Citizenship Amendment Act) has absolutely nothing to do with the deportation of any foreigner from India. The deportation process of any foreigner irrespective of his religion or country is implemented as per the mandate of the Foreigners Act, 1946 and/or The Passport (Entry into India) Act, 1920.

Why NRC and CAA is dangerous?

The NRC will threaten to snap the associational life between Hindus and Muslims. The former will find it increasingly difficult to relate to Muslims who have been deprived of citizenship. It may even become illegal to do business with those declared as aliens, thus effectively imposing an economic boycott on them.