Why Citizenship Amendment Bill Is Unconstitutional?

Why is the CAA important?

The CAA has an important ongoing role in improving aviation safety standards.

On behalf of passengers, the CAA promotes competition with the aim of providing better value flights, more options and protection from risk.

Another role of the CAA is to reduce the effect that the aviation industry has on the environment..

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.

Is CAA NRC against the Constitution?

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. The CAA is perfectly legal and Constitutional.

What happened to Citizenship Amendment Bill 2019?

[4] The Bill was passed by Lok Sabha on January 8, 2019. [5] However, it lapsed with the dissolution of the 16th Lok Sabha. Subsequently, the Citizenship (Amendment) Bill, 2019 is being introduced in Lok Sabha in December 2019. … The Bill also makes amendments to provisions related to OCI cardholders.

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 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.

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.

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.

Is NRC only for Assam?

The National Register of Citizens (NRC) is a register containing names of all genuine Indian citizens. At present, only Assam has such a register. The exercise may be extended to other states as well.

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.

Does the Citizenship Amendment Bill go against Article 14 of the Constitution?

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.

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.

Is the Citizenship Amendment Bill Unconstitutional?

The Citizenship (Amendment) Act (CAA), 2019, is unconstitutional. This has been said since the moment the first draft of the Bill was made public in 2016 and can be said of the latest draft that has cleared both Houses of Parliament and become law.

How can I prove my citizenship in NRC?

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 …