Why is CAA not unconstitutional?
According to Article 14 of Indian Constitution, the state shall not deny to any individual equality before the law and equal protection of laws. But CAA is clearly violative of Art. 14 because it is giving privilege to certain community on the basis of religion.
Is the CAA unconstitutional?
Citizenship Amendment Act(CAA) Is Unconstitutional Since It Distinguishes Between Persons On The Basis Of Religion:Justice Gopala Gowda. “The law laid down by the Supreme Court Constitution Bench judgement in 1994 in S. R.
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.
What is the CAA and why is it controversial?
The CAA has been the source of contentious debate with demonstrations against the law spontaneously springing up across the country. In North India, despite a bitterly cold winter, large numbers of people, across sections of society, have taken to the streets to protests against the imposition of the law.
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.
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.