What is a constitution short answer?
1a : the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it. b : a written instrument embodying the rules of a political or social organization.
What is the importance of fundamental right?
Fundamental Rights protect the liberties and freedom of the citizens against any invasion by the state, prevent the establishment of the authoritarian and dictatorial rule in the country. They are very essential for the all-round development of the individuals and the country.
Is Article 21A available to foreigners?
The Fundamental Rights guaranteed by Articles 14,20,21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners.
Does Article 14 apply to foreigners?
Article 14 guarantees equality to all persons, including citizens, corporations, and foreigners. Its provisions have come up for discussion in the Supreme Court in a number of cases and the case of Ram Krishna Dalmia vs Justice S R Tendolkar reiterated its meaning and scope as follows.
Does Citizenship Amendment Bill go against Article 14?
By distinguishing illegal immigrants on the basis of religion, the Bill goes against the constitutional guarantee of the fundamental right to equality under Article 14 of the Constitution of India.
Does Citizenship Amendment Bill violation of Article 14?
In light of that, the CAB is unconstitutional as it violates both Articles 14 and 21 of the constitution. Justice Markandey Katju is a former judge of the Indian Supreme Court and Dhruti Kapadia is advocate on record, Supreme Court and solicitor, Bombay high court.
Does NRC violate Article 14?
Union of India , where the Court held that legislations could be struck down on the ground that they were manifestly arbitrary. With the legal position on the doctrine now settled, it is submitted that the NRC violates Article 14 of the Constitution on the ground that the exercise is manifestly arbitrary.
What is wrong with Citizenship Amendment Bill?
The Citizenship Amendment Bill (CAB) has created a political storm, with protests in Assam and the rest of the North-east, which fears that thousands of Hindus from neighbouring Bangladesh would gain citizenship. Assamese organizations allege that the bill will pass the burden of illegal migrants to the state alone.
Is CAA and NRC unconstitutional?
Indian Constitution provides equal treatment to all the individuals despite their caste, religion, race but CAA is not providing equal protection to all. Favoring certain community over others is not justified and providing protection to certain individuals at the cost of others is not constitutional.
What is wrong with NRC and CAA?
Indian Muslims could be badly affected by CAA+NRC, because those Muslims who do not have the documents required to prove their citizenship in a nationwide NRC could be declared as illegal migrants and they would not be able to use CAA, like non-Muslim Indians perhaps could, to get citizenship by lying and claiming that …
Is CAA illegal?
The Citizenship (Amendment) Act (CAA) was a “benign” law, which did not lead to expulsion or refoulement of illegal migrants, the Ministry of Home Affairs (MHA ) told the Supreme Court on Tuesday. The CAA, however, does not cover persecuted Muslims from these countries.