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LATEST NEWS UPDATES | Frequently Asked Questions (FAQs) about the CAB/CAA 2019 -Sanchita Kadam

Frequently Asked Questions (FAQs) about the CAB/CAA 2019 -Sanchita Kadam

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published Published on Dec 19, 2019   modified Modified on Dec 19, 2019
-Centre for Justice and Peace

Untangling the complexities of the Citizenship Amendment Act 2019

* What is Citizenship Amendment Act?

It is an Act that proposes that all Hindu, Sikh, Buddhist, Jain, Parsi or Christian refugees from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 without any valid travel documents such as passport, will be granted citizenship by naturalization on applying for the same, subject to certain easy to fulfill conditions.

* How is the Act violative of the Constitution?

The Act violates the basic structure of the Constitution which was established by the Supreme Court in Keshavananda Bharti case. This case established the supremacy of the Constitution, India’s foundations as a republic, and emphasised the importance of the Preamble that stressed on Equality (of status and opportunity) and Justice (social, economic and political). Inherent values of secularism, equality and non-discrimination are India’s constitutional ideals and aspirations which inspired the country in its struggle for independence. Equality (Article 14), right to life (Article 21) and non-discrimination (Article 15) are key Constitutional principles that this Act violates. Although the word secular was added by 42nd amendment in 1976, the case which was decided in 1973 had made it clear that while interpreting the Constitution, it should be done while taking the Preamble into consideration.

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Centre for Justice and Peace, 12 December, 2019, https://cjp.org.in/frequently-asked-questions-faqs-about-the-cab-2019/?fbclid=IwAR3Atye3m3i0u-b-xiTeor9E7CYehxFhCZYU6orSRrIDvjB2ILmtIu6wos4


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