What are the consequences of CAA and NRC?

What are the consequences of CAA and NRC?

A possible impact of the NRC-CAA combine would be the following: A document-less Muslim in India who may have lived here for centuries may be more likely to be branded an illegal migrant, but without recourse to the CAA that a Hindu Bangladeshi migrant would have.

Can states refuse to implement NPR and NRC?

In the case of NPR and NRC, too, state governments can move courts but not refuse to implement the centre’s directions, Seema Singh, professor at Faculty of Law, University of Delhi, said.

What happens if not in NRC?

“Non-inclusion of a person’s name in the NRC does not by itself amount to him/her being declared a foreigner,” govt has said. Such individuals will have the option to present their case before foreigners’ tribunals. If one loses the case in the tribunal, the person can move the high court and, then, the Supreme Court.

What are the consequences of CAA?

With the CAA in place, Muslims would primarily bear the punitive consequences of exclusion from the NRC which could include ‘statelessness, deportation, or prolonged detention,’ according to three United Nations Special Rapporteurs.”

Can states deny central law?

Article 254 (2) of the Constitution empowers state governments to pass legislations which negate the Central acts in the matters enumerated under the Concurrent List. A state legislation passed under Article 254 (2) requires the assent of the President of India.

What happens if a state government refuses to follow a law passed by the national government?

Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws which that state has deemed unconstitutional with respect to the United States Constitution (as opposed to the state’s own constitution).

Why people are opposing NRC?

Protestors believe that the exclusion of Muslims and a nationwide NRC are products of the same school of thought. Given the exclusionary privileges, those protesting believe that the new law will only be used to polarise Indian communities, especially Hindus, against Muslims.

Can a state pass a law that violates the Constitution?

State or local laws held to be preempted by federal law are void not because they contravene any provision of the Constitution, but rather because they conflict with a federal statute or treaty, and through operation of the Supremacy Clause. …