• The Citizenship Amendment Act’s Incompatibility with Indian Politics, Morality and International Law

    Author(s):
    Sanmay Moitra (see profile)
    Date:
    2020
    Group(s):
    Academic Politics, Law, Technology and Society, Philosophy
    Subject(s):
    Constitutional law, India, International relations, Law, Jurisprudence, Political science, Politics and government
    Item Type:
    Essay
    Tag(s):
    CAA, Democracy, international law, Legal theory, Politics
    Permanent URL:
    http://dx.doi.org/10.17613/yazb-vz21
    Abstract:
    The essay is an analytical critique of the Citizenship (Amendment) Act by deconstructing it in regards to a wide range of legal (national and international), political and moral issues. I argue how the CAA finds itself at odds with some of the founding principles of our democracy, and also fails to serve as a citizenship law under accepted customs of International Law. The CAA does not qualify as a just law as per principles of the rule of law. It also fails the test of constitutionality by not providing for a rational and reasonable justification for its differential treatment. Furthermore, it is severely flawed in its text vis-à-vis the provisions of International Law. It is, thus, my objective to prove how the CAA is an attempt not at active inclusion but at passive exclusion. These arguments are put forth in two separate manners. Firstly, I address the CAA, on general, moral and philosophical grounds, and then proceed to analyse the legislation on specific facts regarding law and its visible impacts. I also address some of the more long-term effects it will have on the nature of politics in the country, and the manner in which it will serve to derogate the nature of democracy in India.
    Metadata:
    Status:
    Published
    Last Updated:
    3 years ago
    License:
    All Rights Reserved
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