Is CAA against the Constitution?

Is CAA against the Constitution?

The CAA violates Article 14 of the Constitution, which guarantees equal protection of laws, even to non-citizens. On 10 January, the central government notified the Citizenship (Amendment) Act 2019, or CAA, bringing the controversial new law into force.

Why do we need CAA?

CAA’s avowed objective is to enable conferment of Indian citizenship upon members of minority communities who hail from Afghanistan, Bangladesh and Pakistan. The loudest criticism relates to the supposed intention of the government to throw all Muslims out of India.

What is the conclusion of NRC CAA?

In conclusion, it is emphasized that CAA is for giving citizenship to persecuted minorities from Bangladesh, Pakistan and Afghanistan in line with our tradition of “ Vasudev Kutumbakam” and is not taking away any Indian Citizenship.

Why is CAA a violation of the Constitution?

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. CAA is about illegal migrants. Citizenship via naturalisation or registration is not available to illegal migrants.

What is the issue with CAA?

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. CAA is about illegal migrants.

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.

How will the Citizenship Amendment Act 2019 (CAA) affect Muslims?

The Citizenship Amendment Act, 2019 (CAA), combined with the proposed National Population Register (NPR), which is the first step to a nationwide NRC (National Register of Citizens), is likely to be disastrous, not just for Muslims, but also all other Indians as can be seen in the following point-wise analysis: