Table of Contents
Why did people oppose the CAA Act?
The major opposition political parties state that it violates Constitution’s Article 14, one that guarantees equality to all. They allege that the new law seeks to make Muslims second-class citizens of India, while preferentially treating non-Muslims in India.
Is CAA a Constitutional Amendment Act?
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.
What is CAA and why is it controversial?
Citizenship Amendment Act 2019 (CAA) passed by the Indian Parliament has resulted in nationwide protests as many felt the new provisions added by the Central Government are discriminatory in nature.
What is the special clause in the CAA?
The special clause which has reduced their residency requirement from 11 years to 5 years enables them to claim their citizenship under this law. Apart from general information on the CAA, we are hereby quoting the amendment straight from the Citizen Amendment Act by Govt of India for more insight on this.
Why is the CAA unconstitutionally unconstitutional?
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.
Is the CAA an assault on the constitution’s basic features?
The CAA is also an assault on the Constitution’s basic feature of secularism. Since the Supreme Court identified certain basic features of the Constitution in Kesavananda Bharati vs State of Kerala (1974), secularism has always been regarded as one of the core, basic features of the Constitution.