1/n Then is article 29/30 of Constitution wrong according to article 14?
Do you anything about article-14?
But before you declare something Unconstitutional you need to know Article-13.
@_Sabiha_Ali_ Read why #IndiaSupportsCAA_NRC & it’s not unconstitutional in thread below. t.co/2MNjmDt9JX
2/n The judiciary in India can do Constitutional Review under Article 13 of the CoI & can strike down the Parliamentary Laws,in case it violate Part III (contains Fundamental Rights) of the Constitution.
3/n Therefore,if the #CAA is unconstitutional,it has to violate some provision of the Part III. Article 14 (Right to Equality)forms a constituent of Part III. Point to enquire is if Article 14 is violated or not to determine the constitutionality of #CAA
4/n Article 14 is based on 2 notions: a)equality before law
b)equal protection of laws.
Respective Description👇🏼
a)no special privilege in the country, wrt treatment by law. Eg,no special trial at a criminal court, irrespective of the religion or the position one holds.
5/n b)equal protection of law
Supreme Court has held that the state can legitimately discriminate among people under different circumstances & it is prohibited to discriminate only among people in a particular circumstance.
6/n Hence Judiciary,can keep a tab on the extent of allowed discrimination.
Hence, SC postulated two judicial doctrines under Article 14 as under:
a)Borrowed from the US jurisprudence. It is called the Doctrine of Reasonable Classification.
7/n b)The second doctrine adopted by the Apex Court is known as Doctrine of Non-Arbitrariness.
It was first set forth by the court in EP Royappa VS State of Tamil Nadu & then in case of Maneka Gandhi VS Union of India.
Let me now explain two doctrines. Read on.
8/n As per the first doctrine,if there is reasonable classification by a law which is based on intelligible differentia & this differentia has a nexus with the objective of the law, then such classification should be allowed.
9/n This is known as the nexus test, and was put forth by the SC in the case of State of West Bengal VS Anwar Ali Sarkar.
Now let me explain 2nd doctrine.
Read👇🏼
Share this Scrolly Tale with your friends.
A Scrolly Tale is a new way to read Twitter threads with a more visually immersive experience.
Discover more beautiful Scrolly Tales like this.