Is CAA constitutionally valid?

Is CAA constitutionally valid?

The CAA is inherently unfair in its treatment of people based on their religious beliefs. As a result, it fails to meet the Supreme Court’s definition of arbitrariness under Article 14 of the constitution, which guarantees fair treatment before the law and equal security within India’s borders.

Is CAA NRC against the Constitution?

Indian Constitution provides equal treatment to all the individuals despite their caste, religion, race but CAA is not providing equal protection to all. Favoring certain community over others is not justified and providing protection to certain individuals at the cost of others is not constitutional.

Is NRC mentioned in Indian Constitution?

The National Register of Citizens (NRC) is a register of all Indian citizens whose creation is mandated by the 2003 amendment of the Citizenship Act, 1955.

Why is CAA constitutionally invalid?

The reason why the unconstitutionality of the CAA is so egregious and consequential is because it represents a fundamental break from the core principles of the Constitution, namely citizenship being open to all without discrimination on the basis of religion, language, race, ethnicity or gender.

Why is CAA anti constitutional?

One of the main contentions of those protesting against CAA is that it is against Article 14 of the constitution that relates to Fundamental Right to Equality. It is a given that politicians will always interpret such laws based on either what the people want to hear or what the politicians want them to believe.

Is CAA is legal in India?

On December 12, 2019, India passed the Citizenship Amendment Act (CAA). However, it excludes Muslims, a move that has been denounced for undermining India’s secular constitution. “It is an anti-Muslim law.

Why is NRC unconstitutional?

From a Constitutional point of view, the Expulsion Act and the NRC process under it violate the right to equality under Article 14 and the right to Life and personal liberty under Article 21 (both of which are guaranteed to all persons, not just to citizens) because they vest vast arbitrary and unguided power and …

Is CAA legal?

The Citizenship Amendment Act (CAA) is “perfectly legal and constitutional”, the government today told the Supreme Court, asserting that the citizenship law was a matter concerning the sovereign power of parliament and “could not be questioned” before the court.

What is the eligibility criteria for Indian citizenship under CAA?

CAA gives eligibility for Indian citizenship to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians (i.e., non-Muslims) from Pakistan, Afghanistan and Bangladesh who reached India before 2015.

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 are the disadvantages of joining the NRC?

Highly bureaucratic and time-consuming process. Tremendous power in the hands of the sarkari babus, who might be corrupt. Any person can raise objections on your inclusion in the NRC. This objection could be because of petty personal enmity, professional rivalry, discrimination due to your mother-tongue, caste, religion, etc.

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: