Does CAA violate Article 21?

Does CAA violate Article 21?

It is outrageous to claim that CAA violates Article 21 of the Constitution, which provides that: no person shall be deprived of his life or personal liberty except according to the procedure established by law. The CAA does not deprive any person of his life or liberty.

Is CAA against the spirit of Indian Constitution?

Quoting BR Ambedkar, Tharoor said, “The Constitution makers explicitly rejected any idea of citizenship on the basis of religion… It is for the Supreme Court to decide on the constitutionality of the law (CAA), but it goes against the very spirit, the idea of India.”

Is the basic structure doctrine is constitutional or unconstitutional?

The Supreme Court has the power to declare any law that it finds unconstitutional void. As per the Basic Structure Doctrine of the Indian Constitution, any amendment that tries to change the basic structure of the constitution is invalid. This is a very important topic for the polity section in the UPSC syllabus.

How is CAA not against the Constitution?

According to Article 14 of Indian Constitution, the state shall not deny to any individual equality before the law and equal protection of laws. But CAA is clearly violative of Art. 14 because it is giving privilege to certain community on the basis of religion.

Does CAA violate Article 14 Quora?

CAA-2019 does not violate Article 14 of the constitution.

Can Supreme Court declared amendment unconstitutional?

The United States Supreme Court has never invalidated a constitutional amendment on the grounds that it was outside the amending power. It has, however, considered the content of an amendment as presenting a justiciable question.

How does CAA violate the Constitution?

The CAA is against the idea of secularism because it does not provide equal rights to the people of all religions. The does not treat people of all the religions equally and it differentiates migrants on the basis of religion and creates religion as a ground for citizenship.

How does CAA violate 14?

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. Further, Article 14 lays down clearly that all laws in the nation cannot be general.

Which of the following is NOT basic structure of Indian Constitution?

Detailed Solution. Independent Judiciary, Federal Form of Government, Parliamentary system are the part of Basic Structure of Indian Constitution. The presidential form of Government is prevalent in the United States not in India. Hence Presidential form of government is not a basic structure of the Indian constitution …

Is basic structure defined in Constitution?

The phrase ‘basic structure’ itself cannot be found in the Constitution. The Supreme Court recognised this concept for the first time in the historic Kesavananda Bharati case in 1973. [1] Ever since the Supreme Court has been the interpreter of the Constitution and the arbiter of all amendments made by Parliament.

Does caa-2019 violate Article 14 of the Indian Constitution?

CAA-2019 does not violate Article 14 of the constitution. Anyone claiming that this is violation of Article has not correctly interpreted legal point in. There is no relation between CAB (now CAA-2019) and Article 14 of Indian constitution.

Does the CAA infract fundamental rights?

A reasonable analysis based on primary legal principles, on the Constitution’s language and on the Court’s own past decisions, will show us that the CAA, in and of itself, infracts fundamental rights, in particular the guarantee of equal treatment contained in Article 14.

What is the CAA and why is it controversial?

The CAA has been the source of contentious debate with demonstrations against the law spontaneously springing up across the country. In North India, despite a bitterly cold winter, large numbers of people, across sections of society, have taken to the streets to protests against the imposition of the law.

Will the Supreme Court ever test the CAA?

But when the Supreme Court hears the challenges made, although it should give its full attention to the NRC, it is likely to test the CAA on its individual merit. Yet, even so, even viewed independently, the CAA is plainly unconstitutional.