Table of Contents
- 1 How is CAA constitutionally valid?
- 2 Which are the constitutional provisions relating to citizenship?
- 3 Is CAA Constitutional amendment?
- 4 What are the main provisions of the Citizenship Act, 1955?
- 5 What is 52nd Amendment Act?
- 6 Is CAA constitutional under Article 131 of the Constitution?
- 7 Is CAA a violation of secularism?
How is CAA constitutionally valid?
In its landmark decision, the court utilizes Article 14 and 20 of the Constitution as a framework in its decision. Again, Article 14 states, “The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”.
Which are the constitutional provisions relating to citizenship?
Articles in constitution related to citizenship:
| Article 5 | Citizenship at the commencement of Constitution |
|---|---|
| Article 8 | Persons of Indian origin residing in other countries |
| Article 9 | Persons acquiring citizenship of other country |
| Article 10 | Continuance of Rights of citizenship |
| Article 11 | Power of Parliament to regulate |
Is CAA Constitutional amendment?
It’s been suggested that the Citizenship (Amendment) Act (CAA) goes against Article 14 of the Constitution and that there are enough provisions in the unamended Citizenship Act to provide citizenship to persecuted minorities. The CAA is perfectly legal and Constitutional.
Is CAA correct?
CAA violates Constitutional secular principles and is a violation of Articles 13, 14, 15, 16 and 21 which guarantee the right to equality, equality before the law and non-discriminatory treatment by the Indian State. There is no way for a Muslim who is declared an ‘illegal migrant’ to get citizenship in India.
What are the provisions regarding citizenship of India?
A citizen is entitled to all the fundamental rights such as the right to life, right to equality before the law, freedom of speech and expression, non-discrimination, freedom of assembly, freedom of religion, etc. They have a right to permanently reside in India, while foreigners do not have that privilege.
What are the main provisions of the Citizenship Act, 1955?
The Citizenship Act, 1955 and its Amendments deal with the acquisition and termination of citizenship in India. Moreover, the Constitution has also provided citizenship rights for Overseas Citizen of India, Non-Resident Indians, and Persons of Indian Origin.
What is 52nd Amendment Act?
A law was sought to limit such frequent defections in India. In 1985, the Tenth Schedule of the 52nd amendment to the Constitution of India was passed by the Parliament of India to achieve this.
Is CAA constitutional under Article 131 of the Constitution?
The Kerala Government has presented a challenge to the constitutional validity of the Citizenship (Amendment) Act 2019 (CAA) and certain allied laws before the Supreme Court under Article 131 of the Constitution.
Will CAA pass constitutional validity test at the Supreme Court?
Speaking at the seminar, Mr. Surya asserted that CAA will pass the test of Constitutional validity at the Supreme Court, amid protests across the country on the law by “misinformed and misled people”.
Can the Supreme Court impugn CAA?
The oddity is not as much in the substantive challenge to CAA as it is the election of the original jurisdiction of the Supreme Court to impugn the legislation. It reignites some vexed issues in constitutional law on Centre-State Relations and judicial settlement of the so-called federal disputes under Article 131 of the Constitution.
Is CAA a violation of secularism?
In the suit filed in the Apex Court, the state government has argued that CAA and related laws fall foul of the principle of secularism and the fundamental rights guaranteed under Article 14, 21 and 25 of the Constitution.