Monday, 27 January 2020

The Citizenship (Amendment) Act, 2019 - My Opinion

The Citizenship (Amendment) Act, 2019

In my personal opinion, the following amongst several other important questions, which both Houses of the Parliament have not addressed while passing the Bill, have to be addressed and decided by the Supreme Court ;

1) Can immigrants, residing in India illegally, be termed legal by efflux of time ?

2) Can there not be uniformity, in application of Indian laws to illegal immigrants...?

3) Do illegal immigrants have any legal or Constitutional right, to claim a special privilege or special benefits, as against rest others of the same class.

4) Can such classification be termed as reasonable or intelligible ?

5) Whether the Parliament has a legislative competence to make such a classification among illegal immigrants, who are basically not the citizens of India...?

6) Why illegal immigrants who are Hindus and other communities of other countries have not been included in CAA, 2019 ?

7) Why illegal immigrants who are Hindus and other communities have been included in CAA, 2019 only on persecution on the ground of religion and why not on the ground of linguistic, regional and cultural persecution ?

8) Why illegal immigrants who are Muslims have been excluded in CAA, 2019 on persecution on the ground of religion or  on the ground of linguistic, regional and cultural persecution ?

 - Sanket M. Yenagi

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