Is CAA Against The Constitution?

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..

What’s the difference between CAA and NRC? CAA is applicable for illegal migrants residing in India and does not apply to any Indian citizen at all. NRC consists of a record of citizens of India only excluding others.

Can states reject NRC?

Also read: The Origins Of Indian Citizenship For all practical purposes, a nationwide NRC is impossible without the help of the state governments. … The state governments can move the courts to challenge the central government but a refusal to implement is not within their powers.

Is CAA justified in India?

The classification of migrants into persecuted minorities and others, by this logic, is called reasonable because it does not affect the rights of Muslim citizens in India. Second, the Legislative Department said the CAA was also justified on the basis of freedom of religion (Art 25).

Why is CAA opposed?

The major opposition political parties state that it violates Constitution’s Article 14, one that guarantees equality to all. They allege that the new law seeks to make Muslims second-class citizens of India, while preferentially treating non-Muslims in India.

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.

Which article is violated by CAA?

A retired member of judiciary in an article in a leading daily has stated that CAA violates Article 14 on all three counts of reasonable classification, arbitrariness in state action and treating people unequally without reason.

How CAA is unconstitutional?

According to Article 14 of Indian Constitution, the state shall not deny to any individual equality before the law and equal protection of laws. … Indian Constitution provides equal treatment to all the individuals despite their caste, religion, race but CAA is not providing equal protection to all.

Does CAA affect Indian citizens?

Does the CAA affect any Indian citizen (Hindus, Muslims, anyone)? No. The CAA does not affect any Indian citizens, including Muslim citizens.

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.

Can Supreme Court reject CAA?

NEW DELHI : The Supreme Court on Wednesday refused to stay the Citizenship (Amendment) Act (CAA), despite the matter being “uppermost in everybody’s mind”, saying it first wants to hear the Centre’s response to pleas challenging the law. The apex court also asked all high courts not to pass any order on CAA.

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.

Is CAA bill passed in India?

The bill was passed by the Rajya Sabha on 11 December 2019 with 125 votes in favour and 105 votes against it. … After receiving assent from the President of India on 12 December 2019, the bill assumed the status of an act. The act came into force on 10 January 2020.

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 …

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.