Does CAA Violate Article 15?

Does CAA remove citizenship?

CAA is not meant to deprive any Indian citizen of his citizenship.

Rather it is a special law to enable certain foreigners facing a particular situation in three neighbouring countries to get Indian citizenship,” the ministry said..

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 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.

Can states reject NRC?

Also read: The Origins Of Indian Citizenship For all practical purposes, a nationwide NRC is impossible without the help of the state governments. … The state governments can move the courts to challenge the central government but a refusal to implement is not within their powers.

What is wrong with the CAA?

WHY CAA IS CONSIDERED DISCRIMINATORY: 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. CAA is about illegal migrants.

Is Aadhaar card enough for NRC?

NEW DELHI: Top government officials on Friday clarified that Aadhaar, voter ID card and passport are not citizenship documents. … A top government official said that it was “pre-mature” to talk about NRC but added that documents like voter ID, Aadhaar and passport do not prove citizenship.

What is NPR NRC and CAA?

Amid the anger and acrimony over the Citizenship Amendment Act (CAA), the National Population Register (NPR), and a possible National Register of Citizens (NRC), which the government has said has not been finalised yet, there has been little thought regarding its effects on another growing challenge — the quality of …

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.”

Why CAA is unconstitutional?

Not Just Equality, the CAA Betrays Constitutional Values of Dignity, Integrity. The CAA denies the value of community as it violates fraternal bonds between communities: a public good recognised by Ambedkar and the Supreme Court in decisions on secularism.

Why CAA and NRC is unconstitutional?

“It violates Article 14 because it is neither predicated on a legitimate state aim nor does it make a reasonable classification.” Parthasarthy goes on to explain why there does not appear to be a legitimate aim to the CAA, and why the mooted objectives of the legislation are arbitrary.

Is CAA and NRC bill passed?

The Citizenship (Amendment) Act, 2019 was passed by the Parliament of India on 11 December 2019….Citizenship (Amendment) Act, 2019Signed byRam Nath Kovind, President of IndiaEffective10 January 2020Legislative history20 more rows

Why was CAA needed?

CAA’s avowed objective is to enable conferment of Indian citizenship upon members of minority communities who hail from Afghanistan, Bangladesh and Pakistan.

What’s the difference between CAA and NRC? CAA is applicable for illegal migrants residing in India and does not apply to any Indian citizen at all. NRC consists of a record of citizens of India only excluding others.

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.

How does CAA violate human rights?

The CAA is inconsistent with rule of law principles and international law, including the right to equality before the law and the right to non-discrimination, protected under human rights treaties such as the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All …

Can Supreme Court reject CAA?

The one institution that can still stop CAA is the Supreme Court. It must surely do so. On Wednesday, it refused to stay CAA’s implementation, and has scheduled January 22 to hear 59 petitions. Nobody can seriously argue that CAA is secular.

What does CAA bill say?

1)What the Bill proposes? According to the Bill, members of the Hindu, Christian, Sikh, Buddhist and Zoroastrian communities who have come from Pakistan, Afghanistan, and Bangladesh till December 31, 2014 and facing religious persecution there will not be treated as illegal immigrants but given Indian citizenship.

Which article is violated by CAA?

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.

Is CAA constitutionally valid?

The CAA is perfectly legal and Constitutional. Under Article 246 of the Constitution, the Parliament has got the exclusive power to make laws with respect to any matters listed in the list one in 7thSchedule, in that, item 17 is to do with citizenship and naturalisation of aliens.