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What did Supreme Court say about CAA?
Citizenship Amendment Act(CAA) Is Unconstitutional Since It Distinguishes Between Persons On The Basis Of Religion:Justice Gopala Gowda. “The law laid down by the Supreme Court Constitution Bench judgement in 1994 in S. R.
What is CAA in court?
The 2019 Act, better known by its abbreviation ‘CAA’, is under challenge before the Supreme Court. The law is accused of “fast-tracking” citizenship for non-Muslim persecuted minorities — Hindu, Sikh, Jain, Buddhist, Parsi and Christian — from India’s three neighbours.
What does CAA actually say?
The 2019 CAA amended the Citizenship Act of 1955 allowing Indian citizenship for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious minorities who fled from the neighboring Muslim majority countries of Pakistan, Bangladesh and Afghanistan before December 2014 due to “religious persecution or fear of religious …
Why was the CAA passed India?
New Delhi passed a law in 2019 to determine “genuine” Indian citizens, triggering violent protests. The CAA fast-tracks citizenship of Hindu, Sikh, Buddhist, Jain, Parsi and Christian immigrants from Afghanistan, Pakistan and Bangladesh who arrived in India before 2015. …
Is CAA a violation of secularism?
In the suit filed in the Apex Court, the state government has argued that CAA and related laws fall foul of the principle of secularism and the fundamental rights guaranteed under Article 14, 21 and 25 of the Constitution.
Can the Supreme Court impugn CAA?
The oddity is not as much in the substantive challenge to CAA as it is the election of the original jurisdiction of the Supreme Court to impugn the legislation. It reignites some vexed issues in constitutional law on Centre-State Relations and judicial settlement of the so-called federal disputes under Article 131 of the Constitution.
Can Kerala sustain institution of suit under Article 131 of Constitution?
Theoretically, Kerala can use the doctrine to sustain the institution of suit under Article 131 of the Constitution. This would, however, be quite unprecedented and States have never invoked the doctrine to knock the doors of the Supreme Court under Article 131.
Is CAA constitutional under Article 131 of the Constitution?
The Kerala Government has presented a challenge to the constitutional validity of the Citizenship (Amendment) Act 2019 (CAA) and certain allied laws before the Supreme Court under Article 131 of the Constitution.