Quick Answer: Does CAA Violate Article 21?

Is CAA good or bad for India?

Indeed, the Prime Minister of India Narendra Modi, and the Home Affairs Minister Amit Shah have consistently held that the CAA does not affect India’s external relations and India does not have any repatriation agreement with Afghanistan, Bangladesh or Pakistan..

Why was CAA needed?

CAA’s avowed objective is to enable conferment of Indian citizenship upon members of minority communities who hail from Afghanistan, Bangladesh and Pakistan. … The loudest criticism relates to the supposed intention of the government to throw all Muslims out of India.

What is the Article 20 and 21?

Article 20 gives protection in respect of conviction for offences. Article 21 gives the right to life, personal liberty and the right to die with dignity (passive euthanasia). Article 21A gives free education to all children of the age of six to fourteen years such manner as the State may, by law, determine.

What is the Article 360?

Article 360 in the constitution of India is for imposing a nationwide financial emergency in India. Financial Emergency (Article 360): … A provision requiring all Money Bills or other Financial Bills to be reserved for the consideration of the President after they are passed by the legislature of the State.

Can Article 21 be suspended?

Article 21 of the Indian Constitution can never be suspended. That is the factual position in law. Now is it or is it, not let the government give in writing.

What does Article 21 of the Constitution say?

No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India.

Why is CAA not good?

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. … There is no way for a Muslim who is declared an ‘illegal migrant’ to get citizenship in India.

Is CAA NRC unconstitutional?

The Citizenship (Amendment) Act (CAA), 2019, is unconstitutional. This has been said since the moment the first draft of the Bill was made public in 2016 and can be said of the latest draft that has cleared both Houses of Parliament and become law.

Will CAA affect Indian Muslims?

The Citizenship (Amendment) Act or CAA does not affect any Indian citizen, including Muslim citizens,” it said in response to a set of Frequently Asked Questions (FAQs) on the controversial legislation that has led to violent protests in some parts of the country, including the national capital.

Does CAA violate human rights?

Amnesty International has told US lawmakers that the recently enacted Citizenship Amendment Act (CAA) stands in “clear violation” of the Constitution of India and international human rights law and that it “legitimises discrimination” on the basis of religion. … “The CAA is an internal matter of India.

Why is CAA illegal?

“This law is bad and violates Article 14 of the Constitution because it effectively treats people situated equally, unequally.” Article 14 of the Constitution says that: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

What is NRC and CAA?

The Citizenship Amendment Act (CAA) 2019, when viewed in combination with the Modi government’s intention to compile a National Register of Citizens (NRC) for India, will create a situation where being a Muslim and document-less could deprive one of citizenship rights.

Who introduced CAA in India?

Amit ShahCitizenship (Amendment) Act, 2019 The Citizenship (Amendment) Bill, 2019 (CAB) was introduced by the Home Minister, Amit Shah on the floor of the Parliament of India on 9 December 2019 in response to the exclusion of 1.9 million people, predominantly Hindus and Muslims in the National Register of Citizens for Assam.

Which articles are violated by CAA?

A retired member of judiciary in an article in a leading daily has stated that CAA violates Article 14 on all three counts of reasonable classification, arbitrariness in state action and treating people unequally without reason.

Why is CAA not unconstitutional?

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. … Therefore, this CAA does not relate to any Indian, even Muslims.

A: No. CAA is a separate law and NRC is a separate process. The CAA has come into force nationwide after its passage from Parliament, while the NRC rules and procedures for the country are yet to be decided.

How can Violates Constitution?

Constitutionality is the condition of acting in accordance with an applicable constitution; the status of a law, a procedure, or an act’s accordance with the laws or set forth in the applicable constitution. When one of these (laws, procedures, or acts) directly violates the constitution, it is unconstitutional.

Is Article 19 suspended during emergency?

Article 19 is automatically revived after the expiry of the emergency. The 44th Amendment Act laid out that Article 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.