Question: Which Article Is Violated By CAA?

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..

How does CAA violate the Constitution?

Either a person is persecuted on the basis of religion or they are not. Some illegal migrants are not more equal than others. On this front, the CAA clearly violates Article 14 of the Constitution. … In fact, the encroachment of religion into secular activities is strictly prohibited.”

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.

Why is CAA anti constitutional?

The primary ground on which the CAA is being challenged is its ostensible violation and abuse of the ‘right to equality’ enshrined in the Indian Constitution. The Citizenship Amendment Act 2019 has undoubtedly driven a deep chasm into the heart of not only the Indian polity and the society at large.

Why is CAA bad?

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.

Does Article 14 Violate in CAA?

The CAA is not violative of Article 14, as this Article permits “reasonable classification”. … One, the three countries covered under CAA are either Islamic states or countries where Muslims are in majority. And, two, it is a fact that the minorities in these three countries have faced persecution on religious lines.

Why is CAA 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.

What does secularism mean?

: indifference to or rejection or exclusion of religion and religious considerations.

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.

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.

Does CAA violate secularism?

CAA does not violate fundamental, legal, secular rights, Centre tells SC. The Centre Tuesday told the Supreme Court that Citizenship (Amendment) Act (CAA), 2019 does not violate any fundamental right or affect the legal, democratic and secular rights of any Indian citizens.

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.

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.