Quick Answer: Why Is Citizenship Amendment Bill Wrong?

How does CAA violate 14?

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.

Further, Article 14 lays down clearly that all laws in the nation cannot be general..

Which article is violated by CAA?

The CAA violates Article 14 of the Constitution, which guarantees equal protection of laws, even to non-citizens. On 10 January, the central government notified the Citizenship (Amendment) Act 2019, or CAA, bringing the controversial new law into force.

How CAA is unconstitutional?

According to Article 14 of Indian Constitution, the state shall not deny to any individual equality before the law and equal protection of laws. … Indian Constitution provides equal treatment to all the individuals despite their caste, religion, race but CAA is not providing equal protection to all.

What is the new Citizenship Amendment Bill?

The Bill seeks to amend The Citizenship Act, 1955 to make Hindu, Sikh, Buddhist, Jain, Parsi, and Christian illegal migrants from Afghanistan, Bangladesh, and Pakistan, eligible for citizenship of India.

Why is Citizenship Amendment Bill important?

The Citizenship (Amendment) Bill seeks to provide Indian nationality to six communities — Hindus, Christians, Sikhs, Parsis, Jains and Buddhists fleeing persecution from Pakistan, Afghanistan and Bangladesh.

Why CAA is 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.

Why is NRC unconstitutional?

Primarily, there are two arguments that can be made against the NRC exercise: first, that it is manifestly arbitrary and violative of Article 14; and second, that the NRC poses a direct threat to the right to life guaranteed by Article 21 of the Constitution.

What is the new CAA law in India?

The 2019 CAA amended the Citizenship Act of 1955 allowing Indian citizenship for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious minorities who fled from the neighboring Muslim majority countries of Pakistan, Bangladesh and Afghanistan before December 2014 due to “religious persecution or fear of religious …

What is NRC and CAA?

What is CAA? The Citizenship Act, 1955 provides for acquisition, determination, and termination of Indian citizenship. … Such a foreigner has to become eligible to apply for citizenship after fulfilling the minimum legal requirements. What is NRC? National Register of Citizens (NRC) is a record of the citizen of India.

Why is the Citizenship Amendment Bill wrong?

The bill also drew flak from opposition parties for excluding Muslims from the religious communities that it seeks to grant Indian citizenship to on grounds of religious persecution. The opposition has also been criticising the government for excluding Muslims from countries such as Nepal and Sri Lanka.

What is the impact of Citizenship Amendment Bill?

The Citizenship Amendment Bill shifts the cut-off date for granting citizenship from March 24, 1971 to December 31, 2014. The protestors argue that this move is going back on the government’s promise made to protect the cultural identities of Assamese and the northeast region.

What is NRC law?

The National Register of Citizens (NRC) is a register of all Indian citizens whose creation is mandated by the 2003 amendment of the Citizenship Act, 1955. … Its purpose is to document all the legal citizens of India so that the illegal immigrants can be identified and deported.

Why is CAA and NRC 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.

Why is CAA wrong?

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.

Can Supreme Court reject CAA?

NEW DELHI : The Supreme Court on Wednesday refused to stay the Citizenship (Amendment) Act (CAA), despite the matter being “uppermost in everybody’s mind”, saying it first wants to hear the Centre’s response to pleas challenging the law. The apex court also asked all high courts not to pass any order on CAA.

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 the Citizenship Amendment Act 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.

How can I prove my citizenship 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 …