Why CAA Is Unconstitutional?

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..

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.

How is CAA and NRC unconstitutional?

“It violates Article 14 because it is neither predicated on a legitimate state aim nor does it make a reasonable classification.” Parthasarthy goes on to explain why there does not appear to be a legitimate aim to the CAA, and why the mooted objectives of the legislation are arbitrary.

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.

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.

What is the punishment for breaking the constitution?

There are four major types of punishments that courts can impose: death sentences, imprisonment, fines, and punitive damages. 12 This Article focuses on how the Supreme Court has treated and should treat constitutional issues concerning these four types.

What is CAA rule in India?

The Act seeks to amend the definition of illegal immigrant for Hindu, Sikh, Parsi, Buddhist and Christian immigrants from Pakistan, Afghanistan and Bangladesh, who have lived in India without documentation. They will be granted fast track Indian citizenship in six years.

Why abrogation of Article 370 is unconstitutional?

In April 2018, the Supreme Court of India ruled that Article 370 had attained permanency since the state constituent assembly has ceased to exist. To overcome this legal challenge, the Indian government instead rendered Article 370 as ‘inoperative’ even though it still exists in the constitution.

Why would a law be declared unconstitutional?

When the proper court determines that a legislative act (a law) conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. This is called judicial review. … Thus, national constitutions typically apply only to government actions.

What is the immediate effect of a law is declared unconstitutional?

What is the immediate effect if a law is declared unconstitutional? To provide a short noteworthy introduction, and set the stage for the Constitution. Congress (legislature) can make laws, but the president (executive) can veto them, and if a law is passed the Supreme Court (judicial) can rule it unconstitutional.

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 are there protests against CAA?

They allege that the new law seeks to make Muslims second-class citizens of India, while preferentially treating non-Muslims in India. … Protests led by these groups are concerned that the new law discriminates against Muslims, and believe that Indian citizenship should also be granted to Muslim refugees and immigrants.

What Supreme Court law declared unconstitutional?

The Court decided against Marbury 6-0. Historical significance: Chief Justice John Marshall wrote, “An act of the legislature repugnant to the constitution is void.” It was the first time the Supreme Court declared unconstitutional a law that had been passed by Congress.

Does CAA violate Article 21?

As the Act is not applicable to Indian citizens, it does not violate Article 15. On similar grounds, it is not violative of Article 21, as the amendment to the Act has no bearing on citizens’ rights and liberties which remain intact as heretofore.