What is the main criticism to Citizenship Amendment Act?
Among the critics of the CAA, however, with some notable exceptions, the focus has tended to be more on the perceived misuse and disenfranshisement of Indian Muslim citizens rather than the persecution of minority Muslims in India’s neighbouring countries (Katatare Prajapati Collective 2020; Wire 2019; Chapparban 2020) …
Is Citizenship Amendment Act unconstitutional?
Citizenship Amendment Act(CAA) Is Unconstitutional Since It Distinguishes Between Persons On The Basis Of Religion:Justice Gopala Gowda. “The law laid down by the Supreme Court Constitution Bench judgement in 1994 in S. R.
Does the citizenship Amendment Bill go against Article 14 of the Constitution critically Analyse?
According to the Citizenship Act, 1955, illegal migrants cannot get citizenship of India. By distinguishing illegal immigrants on the basis of religion, the Bill goes against the constitutional guarantee of the fundamental right to equality under Article 14 of the Constitution of India.
Why CAA is being opposed?
The major opposition political parties state that it violates Constitution’s Article 14, one that guarantees equality to all. They allege that the new law seeks to make Muslims second-class citizens of India, while preferentially treating non-Muslims in India.
Does India have a Bill of Rights?
Portions of the ICRA that substantially mirror the Bill of Rights are popularly called the “Indian Bill of Rights.” The Indian Bill of Rights extends most of the constitutional protections of the Bill of Rights to individuals under the jurisdiction of Indian tribal governments.
Is it not unconstitutional against India’s secular ethos to discriminate on religious lines?
There is nothing wrong per se with the exercise of detecting illegal migrants-irrespective of their religion-but to discriminate on the basis of religion is against India’s secular ethos, especially when the CAA does not specify that it will cover people who have faced religious persecution.
Can a constitutional amendment be challenged in India?
They can be challenged on the ground that theyare beyond Parliament’s constituent power or that they have damaged the basic structure of theConstitution. In essence, the Supreme Court struck a balance between its authority to interpret the Constitution and Parliament’s power to amend it.
What is Article 21 of the Indian Constitution?
Article 21 of Constitution of India: Protection of Life and Personal Liberty. Article 21 states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Thus, article 21 secures two rights: Right to life, and. 2) Right to personal liberty.
What does Article 14 of the Constitution mean?
equal protection of the laws
Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
Why is NRC necessary?
The importance of the National Register of Citizens (NRC) is integral for India. It provides a clear cut demarcation of who qualifies to be an Indian citizen from other nationals who have been illegally living in India. This is why all the states in India employ the use of an NRC which gets updated in every ten years.
Is CAA implemented in India?
There is going to be more delay in the implementation of the Citizenship Amendment Act (CAA) which was passed by Parliament in 2019. “The Citizenship (Amendment) Act, 2019 (CAA) has been notified on December 12, 2019, and has come into force with effect from January 10, 2020.
Are fundamental rights absolute in India?
Features of The Fundamental Rights FRs are protected and guaranteed by the constitution. FRs are NOT sacrosanct or absolute: in the sense that the parliament can curtail them or put reasonable restrictions for a fixed period of time.