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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.
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👇🏼
10/n According to the test of arbitrariness in this doctrine,it doesn’t matter if or not the state action attempts a reasonable classification,it matters if the action is arbitrary. It presumes that all arbitrary actions are unequal & hence are violates Article 14.
11/n Only by applying the above tests one can check constitutionality of #CAA.

Now, the first legal question,to be answered is that who are the subjects of this law? As only the subjects are legitimate to approach the courts & to challenge the treatment by the state.
12/n If one reads #CAA,he shall know that the law only applies to illegal immigrants, as it talks merely about legitimising illegal citizenship of a set of illegal immigrants.

The first SC has to decide in this case,if an illegal immigrant can even approach the Court.
13/n Hence it becomes apposite to find the jurisprudence otherwise relating to illegal immigrants, that has been put forth or settled by the Apex court of India.

Let’s check. Read on
14/n Take example of “In Louis De Raedt versus Union of India”. Read Snippet for what court held:
15/n Hence as per the Constitution, gov can expel any foreigner & his right to be heard can’t have hard & fast rule.

The court quoted the above in Sarabananda Sonwal v Union of India & held that the power to grant citizenship is consistent with territorial sovereignty.
16/n What does it mean? It means that it is a sovereign as well as totally executive function.

In the very judgment, the Court quoted the famous authority on International Law:JG Starke, in para 49 of the judgment (Snippet).
17/n What do you learn from that?

No International Law too makes it duty of any state to accommodate any alien unless a pact exists.

So please tell me how #CAA or fir that matter even #NRC is unconstitutional?
18/n Coming to #CAA . It just provides for an expedited process for legitimisation of illegal immigration of persecuted minorities from Afghanistan,Pakistan & Bangladesh.
19/n It also passes the tests contained in Article 14 as the reasonability of persecution with its relevance in better treatment serves as a non-arbitrary treatment by the state.
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