The Legality and Implications of Citizenship Amendment Act, 2019: An Analysis

  • Md. Shadman Nomani
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  • Md. Shadman Nomani

    LLM Student at Chanakya National Law University, Patna, India

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Abstract

In modern world citizenship has become a deciding factor for the rights of individual residing in a country. In India the Citizenship Amendment Act (CAA) 2019 is an amendment that is completely unconstitutional as CAA clearly breaks the secular nature of the Constitution and also against the Article 14's fundamental rights. Only the six specified religious groups have been granted concessions under the CAA, and there is no reasonable classification for why protection is extended to illegal migrants solely from Bangladesh, Pakistan, and Afghanistan. This paper presents a historical perspective and factors that led to the development of the concept of citizenship. It also highlight that the constituent assembly uses universal and non discriminatory language in the provision related to citizenship by understanding the motive and meaning of our constitution makers and realize the fact that there should be misinterpretation with the Constitution’s basic structure. The paper also through light on the nexus of National Register of Indian Citizen (NRIC) and CAA by analysing the NRC drive in Assam. It also put a closer look of Six detention centre in Assam.

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Research Paper

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International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 2012 - 2027

DOI: https://doij.org/10.10000/IJLMH.116960

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