Quick Answer: Is CAA Against Indian Constitution?

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 unconstitutional in CAA?

Either a person is persecuted on the basis of religion or they are not. Some illegal migrants are not more equal than others. On this front, the CAA clearly violates Article 14 of the Constitution. … In fact, the encroachment of religion into secular activities is strictly prohibited.”

Is NRC unconstitutional?

Union of India , where the Court held that legislations could be struck down on the ground that they were manifestly arbitrary. … With the legal position on the doctrine now settled, it is submitted that the NRC violates Article 14 of the Constitution on the ground that the exercise is manifestly arbitrary.

What exactly is CAA?

The Citizenship Amendment Act (CAA) aims to fast-track citizenship for six persecuted minority communities — Hindus, Parsis, Sikhs, Buddhists, Jains and Christians — who arrived in India on or before December 31, 2014 from Muslim-majority Afghanistan, Bangladesh and Pakistan.

How can I prove my Indian citizenship in NRC?

The government has said that birth certificates are ‘acceptable’ as proof of the date and place of birth in relation to the National Register of Citizens (NRC), among a list of other documents which is “likely to include” voter cards, passport, Aadhaar, licenses, insurance papers, school-leaving certificates and …

Is CAA against the Constitution?

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 the issue of CAA?

It seeks to legally establish Muslims as second-class citizens of India by providing preferential treatment to other groups. This violates the Constitution’s Article 14, the fundamental right to equality to all persons. This basic structure of the Constitution cannot be reshaped by any Parliament.

How does CAA violate 21?

It is outrageous to claim that CAA violates Article 21 of the Constitution, which provides that: no person shall be deprived of his life or personal liberty except according to the procedure established by law. The CAA does not deprive any person of his life or liberty.

Why is CAA and NRC important?

The struggle against the CAA and NRC has so far not gained any national echo, also because of this reason. India has to emerge as a strong modern nation. To ensure this, NPR, CAA and NRC are necessary. There is no use trying to stop their implementation through campus violence and street protest.

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.

Why NRC and CAA is dangerous?

The NRC will threaten to snap the associational life between Hindus and Muslims. The former will find it increasingly difficult to relate to Muslims who have been deprived of citizenship. It may even become illegal to do business with those declared as aliens, thus effectively imposing an economic boycott on them.

How are CAA and NRC against 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.

Is NRC part of CAA?

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 is CAA against the Constitution?

One of the main contentions of those protesting against CAA is that it is against Article 14 of the constitution that relates to Fundamental Right to Equality. It is a given that politicians will always interpret such laws based on either what the people want to hear or what the politicians want them to believe.

What is CAA in Indian Constitution?

The Citizenship (Amendment) Act, 2019 (CAA) was passed by the Parliament of India on 11 December. … The Act also seeks to relax the requirement of residence in India for citizenship by naturalization from 11 years to 5 years for migrants covered under the Act.

What is NPR NRC and CAA?

Are NPR and NRC related? The NPR and the National Register of Indian Citizens (NRIC) both originate from the same law, Citizenship Rules, 2003. The NRC begins with a register of residents — the population registry — out of which a citizenship registry, a registry of all Indian citizens, will be created.