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Why is CAA unconstitutional?

Posted on March 12, 2021 by Author

Table of Contents

  • 1 Why is CAA unconstitutional?
  • 2 Why CAA is being opposed?
  • 3 What is the issue with CAA?
  • 4 What are the disadvantages of joining the NRC?
  • 5 Why is CAA a violation of the Constitution?

Why is CAA unconstitutional?

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.

Why CAA is being opposed?

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.

What will happen if no name in NRC?

Those who do not have their names in the NRC, will have to approach Foreigners’ Tribunals set for this purpose over the next 120 days for inclusion of their names. And those dissatisfied with the tribunal’s ruling can appeal against it.

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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.

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.

What is the difference between NPR and NRC?

The NPR seems similar to the Census, but it’s not. The NPR comes under the Citizenship Act 1955 and the Citizenship (Registration of Citizens and issue of National Identity Cards) Rules, 2003, while the census is conducted under the Census Act, 1948. The process of the NPR, which leads to the NRC is as follows:

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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.

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