Is CAA Against The Spirit Of The Indian Constitution

CAA has resulted protest all over India. And the reason is its alleged Non-Constitutional nature. Many are claiming this act as Discriminatory/Unconstitutional. Lets first understand what is CAA then only we can justify Is CAA Against The Spirit of the Indian Constitution?

What is CAA?

The Citizens Amendment Act(CAA) was passed by parliament on 11 DECEMBER 2019. It was amendment of Citizenship Act 1955. The CAA protest has spread across the country very rapidly. According to CAA, Hindus, Christians, Buddhist, Jain, Sikh and Parsi migrants who have entered India illegally without visa on or before Dec 31, 2014 from the Muslim majority countries of Pakistan , Afghanistan and Bangladesh and have stayed in the country for 5 years, are eligible to apply for Indian Citizenship.

Reasons Of Protest

Main reason is political agenda. It is clear that the opposition always stands aside with the decisions of the Govt in power otherwise the party in the center will collect all the fame. The second reason for the protest is the exclusion of Muslims from CAA .The opposing people indicate that Muslims constitute close to 15% of Indian population and this act leaves out immigrants from that community.0 Another technical reasons is burden of paper work for those who have entered India on or before 31 Dec 2014. They need to go under some Q & A series. So they are being easily misguided for political gains. Hence, it is being criticized to be Nonsecular.

The Indian government clarified that the Act proposed to provide relief to persecuted minorities in the Islamic countries of Pakistan, Afghanistan and Bangladesh. since Muslims were unlikely to be persecuted communities there, the Act does not cover them.

CAA will not be applicable to the tribal areas of Tripura , Assam, Meghalaya and Mizoram , as these region falls under sixth schedule of the constitution . Mizoram, Arunachal Pradesh and Nagaland will also be excluded from the CAA as these states have INNER LINE PERMIT REGIME.

The home minister has not yet notified the rules that will make this Act operational . There are several petition against the Act that will be heard in Supreme Court.

So the bottom line is CAA is not unconstitutional. However any legitimate concern is being looked after by Supreme court.

You May Also Like:-