Quick Answer: Why CAA Is Unconstitutional?

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.”.

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.

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.

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 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.