Violation on which CAB can be challanged and how it stand.

All those who are living in India can be categorized into two types either citizens or aliens(foreigners).the concept of citizenship is basically a romance between state and citizen.Its also a symbiotic relation where state confers certain privileges,benefits,rights to citizen and citizens also have obligation duty towards state.Only the citizen have right to vote,contest election,eligible for government jobs but if we look at the fundamental rights,they are available to citizen as well as aliens,except five fundamental rights article 15,16,19,29,30.But if we further look at the aliens they can be further be classified into two categories-friendly or enemy that includes migrants.But further these migrants can be classified into two category-legal and illegal.Here comes the concept of refugee,who are they?

-A refugee is someone who has been forced to flee his or her country because of persecution,war or violence.

-two third of all refugees worldwide come from just five countries Syria,Afghanistan,South Sudan,Myanmar and Somalia.

PROVISIONS

-The bill amended the act to provide that Hindus,Sikhs,Buddhists,Parsis, and Christian from   Afghanistan,Pakistan and Bangladesh will not be treated as illegal migrants.

-In order to get the benefit they must have also been exempted from the foreigners act 1946 and the passport entry act 1920 by central government.

EXEMPTIONS

The Bill add that the provision on citizenship for illegal migrants will not apply to-

-the tribal areas of Assam,Manipur,Meghalaya and Tripura as included in the sixth schedule of the constitution.

-The areas under Inner Line Permit which regulates visits of Indian to Arunachal Pradesh,Mizoram and Nagaland will be extended to Mizoram as well.

VIOLATIONS AND SOLUTIONS

1)Violates Article 14-equality before law

   

Even if CAB is challenged on this law that art 14 is violated,it will stand the test of judicial scrutiny because when this challenge will be mounted before supreme court, the supreme court will say no as there is no one excluded from this law infact someone is being included.

2)Violates secularism

Secularism definition clearly states that protecting minorities and we are doing it so by protecting minorities from 3 different countries.So,basically strengthen secularism not violates it.

3)Art 15 (not to be discriminated on the basis of religion,caste,creed,gender)

Article 15 applies for citizen or any article,it does not apply to foreigners,that means this article applies only to citizen and this bill talks about giving citizenship to foreigners,how article 15 is being violated.   

4)But,there are others who say,why do you include only Hindus,Sikhs,Parsis etc,why don't you include shias  of Pakistan and  Afghanistan,why are you excluding them,why are you excluding ahmadias,who are persecuted in Pakistan,right?

The answer to this is very simple you have to understand the distinction between religious persecution and ethnic persecution.Intelligence differential would say not to club the religious minority with ethnic minorities.  

  

However,if we look at the basis of formation of our constitution secularism is included in the preambles of the constitution and morally this law labelled itself as-

-law on religion based classification.

-Country based classification as why only these three countries were chosen.

-failure of Assam Accords.