Does NRC Violate Article 14?

Does CAA violate Article 15?

As the Act is not applicable to Indian citizens, it does not violate Article 15.

On similar grounds, it is not violative of Article 21, as the amendment to the Act has no bearing on citizens’ rights and liberties which remain intact as heretofore..

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.

What is the Article 29?

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

Does Citizenship Amendment Bill violation of Article 14?

The amendment shortened the period of residency from 12 to seven years for gaining citizenship by naturalisation. The Bill had also empowered the government to cancel registration as Overseas Citizen of India in case of any violation of the Citizenship Act or any other laws.

What does Article 14 of the Constitution mean?

Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

Does CAA affect Indian citizens?

The CAA does not affect any Indian citizens, including Muslim citizens.

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.

Does reservation violate Article 14?

Thus, arbitrary denial of reservation in promotion is a violation of the right to equality under Article 14, which says, “The state shall not deny to any person equality before the law and equal protection of laws…” Therefore, reservation in public employment and reservation in promotion is a fundamental right under …

What is Article 14 of the Human Rights Act?

Article 14 requires that all of the rights and freedoms set out in the Act must be protected and applied without discrimination. Discrimination occurs when you are treated less favourably than another person in a similar situation and this treatment cannot be objectively and reasonably justified.

What does Article 15 say?

The film deals with Article 15 of the Constitution of India, which prohibits discrimination on grounds of religion, race, caste, sex or place of birth.

How can violates Article 14?

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. … Further, Article 14 lays down clearly that all laws in the nation cannot be general.

Is NRC unconstitutional?

From a Constitutional point of view, the Expulsion Act and the NRC process under it violate the right to equality under Article 14 and the right to Life and personal liberty under Article 21 (both of which are guaranteed to all persons, not just to citizens) because they vest vast arbitrary and unguided power and …

What’s wrong with NRC?

The state said to be the worst-hit by illegal immigration is Assam. The recently-concluded NRC updation exercise in Assam found that only 1.9 million or 19 lakh people were unable to prove their ancestors were Indian citizens, as opposed to the expectation that the list would run into many more lakhs.

What is the Article 17?

Article 17. Abolition of Untouchability. -“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.

What does Article 16 say?

A. ARTICLE 16 OF THE INDIAN CONSTITUTION: Article 16 of the Constitution of India, talks about the right of equal opportunity in the matters of public employment. It states that: … There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State, 2.