Why Is CAA Not Unconstitutional?

Is NRC unconstitutional?

From a Constitutional point of view, the Expulsion Act and the NRC process under it violate the right to equality under Article 14 and the right to Life and personal liberty under Article 21 (both of which are guaranteed to all persons, not just to citizens) because they vest vast arbitrary and unguided power and ….

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. … In some countries, the legislature may create any law for any purpose, and there is no provision for courts to declare a law unconstitutional.

Can Supreme Court reject CAA?

On Wednesday, the SC refused to stay implementation of CAA and has scheduled Jan 22 to hear 59 pleas. ANI People hold placards and shout slogans during a protest against the Citizenship Amendment Act 2019(CAA) and NRC. … The one institution that can still stop CAA is the Supreme Court.

What is the new CAA law in India?

The Citizenship Amendment Act (CAA) was passed in December last year, prompting outrage and protests across India. The law offers citizenship to non-Muslims fleeing religious persecution from three nearby countries.

Is CAA bill passed in Supreme Court?

Highlights. New Delhi: The Citizenship Amendment Act (CAA) is “perfectly legal and constitutional”, the government today told the Supreme Court, asserting that the citizenship law was a matter concerning the sovereign power of parliament and “could not be questioned” before the court.

Was CAA passed?

The Bill was introduced in 17th Lok Sabha by the Minister of Home Affairs Amit Shah on 9 December 2019 and was passed on 10 December 2019, with 311 MPs voting in favour and 80 against the Bill. The bill was passed by the Rajya Sabha on 11 December 2019 with 125 votes in favour and 105 votes against it.

What is NRC NPR and CAA?

Amid the anger and acrimony over the Citizenship Amendment Act (CAA), the National Population Register (NPR), and a possible National Register of Citizens (NRC), which the government has said has not been finalised yet, there has been little thought regarding its effects on another growing challenge — the quality of …

Why is CAA anti constitutional?

The Act legitimises discrimination on the basis of religion and stands in clear violation of the Constitution of India and international human rights law, he said. India has asserted that the legislation was enacted following the due process. “The CAA is an internal matter 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.

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.

Why is Kerala against CAA?

The fundamental opposition to the CAA (Citizenship Amendment Act) emerges from the fact that it violates the basic tenets of our Constitution, secularism and equality. … As the CAA is the first step which would be followed by the National Register of Citizens, Kerala has taken a firm stand against the NRC as well.

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.

Is CAA unconstitutional?

The Citizenship (Amendment) Act (CAA), 2019, is unconstitutional. … The CAA is unconstitutional for both violating the text of the Constitution but also going fundamentally against one of the basic features of the Constitution.

Q: Is NRC a part of the 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.