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Legal Perspective on Citizenship Amendment Act and the NRC Exercise

The Citizenship Amendment Act which has been widely criticised for its exclusion of muslims applying for Citizenship and many legislators, scholars and legal luminaries have debated over the topic on it's religious basis as an amendment into the Citizenship Act,1955. It also formulates the antithesis of secularism, violative of the basic structure, contravention of Article 15 of the Indian Constitution.

Keshavananda Bharati
the landmark decision of the Apex Court of India had decided on the doctrine of basic structure which also includes secularism as an inherent part of it. The Golaknath Case made it clear that Parliament didn't have any right to curtail or amend Fundamental Rights i.e., Part 3 of the Constitution. The SR Bommai Case also endorsed Federalism in India as a way to achieve secularism. It defined the Constitutional Philosophy of not mixing religion and politics.

The Indian Republic has been a Parliamentary Democracy where deliberations are held on the legislative process of the government and suggestions are given by the opposition to make certain changes.

The CAA can pass the legal test in the apex court on one ground i.e., the Doctrine of Reasonable Classification which is being called an exception to Article 14 on certain legal propositions laid down by the apex court in the case of Shri Ram Krishna Dalmia Vs. Shri Justice S. R. Tendolkar & Others (1958 AIR 538)

The Ten Propositions given in the Dalmia Case have an Important Relevance on the Presumption of Constitutional Validity of the Citizenship Amendment Act,2019. The misinterpretation of Article 14 Right to Equality can lead to Confusion in the evolving Legislative Process and Undemocratic Interference into the Parliamentary Deliberations held. Refugee Laws are given to those minorities who suffer from Religious and Ethnic Problems in an Theocratic, Militaristic and Majoritarian Society. The Historical Background of these Religious Communities have to be considered and the law that doesn't affect the Citizens of the Indian State is not a Matter of Legal Concern because Judicial Supremacy is present in India to decide over the Interpretation of these laws.

Equality is also given to those who are treated unequally and provide them with positive egalitarian policies. The precedents of the Apex Court have decided the conditions for determination of Social, Economic and Political Equality. Political Hypocrisy of Left Ideologies can't decide the socio-political future of a developing country. Constitutional Interpretation of Laws is to be decided on Statutory Basis and Reasonable Basis. If the Citizenship Amendment Act,2019 satisfies the legal conditions of Test of Reasonableness and Doctrine of Proportion.

There is a Reasonable Nexus between the Aim of the Law and the object of the act to be achieved. There are exemptions for Article 14 which are being unread and the interpretation of Article 14 should be on the Precedents of the Hon'ble Supreme Court which is an Highest Infallible Legal Authority of India.

The meaning and scope of Article 14 have been described in two different classic decisions of the Supreme Court of India, viz., Chiranjit Lal Chowdhury v. The Union of India, Though Art. 14 lays down an significant fundamental right, which  should be proximately and prudently  guarded,  a  doctrinaire approach which might gag all beneficial legislation should not be adopted, in construing it as it would obstruct the affirmative action given to an unequal class et al. and therefore the State of Bombay and Another v. F.N.Balsara, and the principles laid down in those decisions have to be kept in view in deciding the other cases of Violation of Article 14 because construing violation has to be legally consistent with the Constitutional Provisions as Equality can't be granted to every act which doesn't come under the ambit of unequals or constitutes an discrimination of any three types whether Social, Economic or Political and it's restrictions are present under the purview of Law to prevent misuse of fundamental rights an constitutional machinery against the state for personal gains.

The Citizenship Amendment Act,2019 is a statute that gives Citizenship to Migrants at a Fast-Track Level and gives a Religious Definition to Section 2 of the Citizenship Act,1955 and Enforcement Mechanism by insertion of Section 6B. The Pan-India NRC exercise draft has not yet been prepared and the hon'ble home minister on various occasions to increase an unprecedented animosity for political benefits has used the Pan-India NRC Rhetoric.

Former Chief Justice of India had remarked that NRC is "a base document for the future" and had hit out at the critics for being ignorant about the harsh reality of Illegal Migrant Issue in the State of Assam and it could have severe political turmoil and social instability. The NRC exercise although faulty on some fronts due to bureaucratic inefficiency can't be doubted because it determines the legal citizens of India which is a substantial question as per Sarbananda Sonowal v/s Union of India. The legal questions of NRC are whether it is prejudiced towards exclusion of Muslims and Whether the Doubtful are given enough legal chance of being heard and present their documents.

The Rationale behind giving CAA to only Non-Muslims has an reasonable cause because the Ahmadiyyas, Shias and Other Islamic Communities were in the favour of creation of an Modern Islamic Theocratic Country which was supported by Mr. Zafrullah Khan an Leader of the Ahmadiyya Community and the historical perspective of Joginder Nath Mandal who became an cabinet minister in the theocratic country was the Dalit Proponent for the cause of Two-Nation Theory who had vociferously supported the creation of an Islamic Theocratic Country including Rehmat Ali Chowdhry and Mohammed Ali Jinnah and there was the two nation theory prepared by Sir Syed Ahmed Ali Khan. The test of reasonableness is that Citizenship can be given to persecuted minorities of an theocratic autocratic country and all can't be given citizenship because it could be improper and irrational.

The NRC exercise was meant for the State of Assam to determine legal citizens and find illegal immigrants who are living there and are illegally occupying the place according to International Law.

The Pan - India NRC exercise has not yet been planned conclusively and there's no Pan-India NRC Draft Prepared  by the Government of India except the Paras that say that NPR is the First Step towards the creation of NRC was already said in an pre-2014 Home Ministry Report to create National Identity Cards and Prevent Fraud Actions in Mainstream Activities by Illegal Migrants and the NPR is more an Census to identify the new demographic statistics of India and the Press Briefing of Government of India has answered most of the questions related to the nexus between CAA - NRC and NPR as it is an essential legal activity carried out by various nations before to identify their legal citizens and migrants and classify them and it doesn't contravene the concept of Constitutional Morality because India's First Priority is Protection of the Lives of the Indian Citizens and uplifting the lives of the Marginalized and Impoverished Sections of Indian Society rather than the protecting the foreign nationals and illegal migrants who are living illegally and enjoying socialist benefits given by  Indian Government. NRC in the State of Assam was as per the SC Order in Assam Sanmilita Mahasangha & Ors vs Union Of India & Ors.

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