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Shadab Ansari   20 January 2020

citizenship amendment act

citizenship amendment act is unconstitutional because it violates article 14 of the constitution of India 1950..


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 17 Replies

Shadab Ansari   20 January 2020

citizenshio amendment act 2019's objective is arbitrary...

Rupin Dhama   20 January 2020

Sir please read the act first and then say something it is not violating article 14 of the constitution of india. without proper information don't say anything. It's fake news.
1 Like

Rupin Dhama   20 January 2020

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Shadab Ansari   20 January 2020

why did it pick only these three countries?
why did it recognize only one form of persecution without justifying it?
why did it mention the names of the community whereas who is persecuted and who is minority is matter of fact?

Kishor Mehta (CEO)     20 January 2020

You should not hasten to voice opinion till you have studied the subject in details. Your conclusion is erroneous on all counts it appears that you are misguided by fake propaganda of politicians. Study the subject personally.

Shadab Ansari   20 January 2020

when it mentions Religion then it attracts article 14 and the onus to make or prove classification reasonable is on the supporters.. ...

Shadab Ansari   20 January 2020

are you ready to debate with me on this topic?

Shadab Ansari   20 January 2020

I have read the act and got it..

Kishor Mehta (CEO)     21 January 2020

Perhaps you forget that all the articles of Indian Constittution are applicable to persons of Indian origin and do not apply to any refugees or aliens who have infilrated by illegal means. Here you argue about application of the Indian Constitution to CAA which is expressly drawn to grant citizenship to refugees, the aticles of Indian Constitution will be applicable to them only after they are granted Indian citizneship and not before. When the word 'Religion' is mentioned, the Article 14 applies only in case of Indian Nationals and not the aliens. These Intricacy and finesse seems to have misssed your attention. Please bear in mind that when Governments draws a law it consults best legal minds in India before it introduces it in the Parliament and Rajya Sabha for discussion. CAA has already been extensively discussed by legal luminaries in both the Houses and finally accepted. However if you have any further legal point to discuss which you think has escaped the minds of all legal luminaries, of the politicaly parties, you had better write to the opposition as they would definitely welcome it. Good Luck to you. 

Shadab Ansari   22 January 2020

you are wrong in saying that constitution is applicable on citizens only...
if we go through your argument then question arises that how govt is giving citizenship?
by constitution? or
by law? if by constitution then why only provisions regarding citizenship apply on foreigners? if by law, then how can any law be applicable to such an extent to which constitution cannot do so? on which basis CAA applies on foreigners while constitution is not applying on the same?
article 14 is applicable on every person irrespective of his/her nationality.. because expression used is "any person" instead of "any citizen".
it's true that article 14 permits reasonable classification to make but the caa fails to make the same also....
I can't explain right now due to lack of time but I will explain here tomorrow...

Shadab Ansari   22 January 2020

om prakash....
I am muslim by my will not by anyone's recognition...

Kishor Mehta (CEO)     22 January 2020

Indian Constitution relates to Indian Nationals only. Any person mentioned relates to any Indian National, irrespective of religion, and not to any alien.

Shaktika Malhotra   22 January 2020

You may refer to the following link in order to seek information regarding Citizenship Amendment Bill. https://www.lawyersclubindia.com/articles/Citizenship-Amendment-Bill-CAB-2019-Voices-PRO-and-AGAINST--10813.asp

Thank you!

Raksha Joshi   22 January 2020

With all due respect Sir (Mr. Om Prakash),

I don't think being educated persons from legal backgrounds we should challenge someone's religion on the basis of recognition by the upper caste of a religious community. Those days are long gone and touching that aspect and having that perspective deteriorates the quality of expectations that the society has from a group of intellectuals like you. So many of us look up to you for good guidance. The law stipulates that a person is a Muslim or from any other religion according to their blood and upbringing.

However, as far as the Act is concerned, with all due respect again to Mr. Ansari, how can we say that it is necessary for a legislation to apply on the same group of people as the constitution? A law that regulates 'refugees' (Not Internally Displaced Persons (IDPs), but ones from outside our country, has to address those who are not citizens of course. They are the people seeking refuge in India coming from their country of origin or the country of fate due to many reasons. There would be no law for the refugees, or FDIs, aviations or any other area having nexus with the International arena if we go by that logic.

The CAA is surely faulty, buy nevertheless necessary. It is something that should have been introduced 70 years ago. We let so many people naturalize here (not legally, just socially) and then come up with something like this, that is not fair. However, we will have to look at the long term benefits of it. 

Now, having mentioned 'long term benefits', I don't suggest that we should ignore its short term implications, because the short term that we are talking about here is a term which may span around 5-10 years. The need of the hour is to introduce this law but with certain changes made to the act to make it more rational and reasonable. The act in the shape that it is in now is not safe for us, but the protests are not gonna change anything about it. We will have to wait for the court to apply the time and reason to the issue and come up with a solution that has apt quotient of 'Intelligible Differentia' and the court for sure will not let the act stay in its raw form. Minor changes will be propsed and the govt will have to invest more in systems of investigation and security on borders and on other modes of entry. 

I hope I have conveyed my thought in a decent manner and not offended anyone of you. There is only so much one can do about the projection of the tone of a dialogue here. Thanks :)


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