How Is CAA Against The Constitution?

Is CAA good for India?

In India, all citizens, including the 175 million Muslims (14 percent of India’s total population), enjoy the same rights.

The CAA facilitates the claiming of citizenship by illegal non-Muslim immigrants or other persons who are unable to provide proof of residence..

How are CAA and NRC against the Constitution?

This act is the first instance of religion being used as a criterion for Indian citizenship. 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.

Why is the CAA wrong?

No matter which way you look at it, the CAA is a manifestly perverse piece of legislation. It creates an arbitrary distinction between illegal immigrants on the basis of their religion – by granting benefits to some communities while entirely excluding Muslims.

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.

Which article is violated by CAA?

The CAA violates Article 14 of the Constitution, which guarantees equal protection of laws, even to non-citizens.

How can I prove my citizenship NRC in India?

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 …

What is CAA rule in India?

The Citizenship (Amendment) Act, 2019 was passed by the Parliament of India on 11 December 2019. … Under the 2019 amendment, migrants who had entered India by 31 December 2014, and had suffered “religious persecution or fear of religious persecution” in their country of origin, were made eligible for citizenship.

Is NRC bill passed in India?

On 19 November 2019, Home minister Amit Shah declared in the Rajya Sabha of the Indian parliament that the NRC would be implemented throughout the country. … No new rules or laws are needed to conduct this exercise in the whole of India.

Is CAA justified in India?

The classification of migrants into persecuted minorities and others, by this logic, is called reasonable because it does not affect the rights of Muslim citizens in India. Second, the Legislative Department said the CAA was also justified on the basis of freedom of religion (Art 25).

How 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.

What is wrong with CAA India?

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.

Is CAA really 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.

What is wrong with Citizenship Amendment Bill?

The Citizenship Amendment Bill (CAB) has created a political storm, with protests in Assam and the rest of the North-east, which fears that thousands of Hindus from neighbouring Bangladesh would gain citizenship. Assamese organizations allege that the bill will pass the burden of illegal migrants to the state alone.

Is Aadhaar card enough for NRC?

NEW DELHI: Top government officials on Friday clarified that Aadhaar, voter ID card and passport are not citizenship documents. … A top government official said that it was “pre-mature” to talk about NRC but added that documents like voter ID, Aadhaar and passport do not prove citizenship.

How does CAA violate the Constitution?

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.

What is NPR NRC 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 …

What is NRC and CAA?

CAA is applicable for illegal migrants residing in India and does not apply to any Indian citizen at all. NRC consists of a record of citizens of India only excluding others.

What is CAA bill?

1)What the Bill proposes? According to the Bill, members of the Hindu, Christian, Sikh, Buddhist and Zoroastrian communities who have come from Pakistan, Afghanistan, and Bangladesh till December 31, 2014 and facing religious persecution there will not be treated as illegal immigrants but given Indian citizenship.

What is the rule of CAA?

The CAA provides citizenship on the basis of religion to six undocumented non-Muslim communities from Pakistan, Afghanistan and Bangladesh who entered India on or before December 31, 2014. It was passed by Parliament on December 11 last year and the President gave his assent on December 12.

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.