Quick Answer: Is NRC Unconstitutional?

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 CAA illegal?

Even Without the NRC, Here’s Why the CAA is Unconstitutional. 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.

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 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.

What is NRC CAA?

The Citizenship Amendment Act (CAA) 2019, when viewed in combination with the Modi government’s intention to compile a National Register of Citizens (NRC) for India, will create a situation where being a Muslim and document-less could deprive one of citizenship rights.

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.

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.

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.

Will Supreme Court reject CAA?

The Supreme Court on Wednesday said the Citizenship (Amendment) Act (CAA), 2019, is “uppermost in everybody’s minds”, but refused to stay the law without hearing the government first. … The CJI indicated that the CAA challenge may eventually be referred to a Constitution Bench for a decision on merits.

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 CAA bill passed?

The bill was passed by the Rajya Sabha on 11 December 2019 with 125 votes in favour and 105 votes against it. … After receiving assent from the President of India on 12 December 2019, the bill assumed the status of an act. The act came into force on 10 January 2020.

Is CAA and NRC 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.

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.