It is not yet clear what sort of documentary proof would be required to prove citizenship because the exercise would be conducted by state governments, and perhaps each state government could have its own specifications. The Citizenship Amendment Act (CAA) 2019, when viewed in combination with the Modi government’s intention to compile a National Register of Citizens (NRC) for India, will create a situation where being a Muslim and document-less could deprive one of citizenship rights. All this could occur even if the state governments in non-BJP ruled states do not cooperate with the Modi government on implementing the NRC. Individual liberty has also taken its roots from natural theory against totalitarian rule. It provides certainty of nationality and also provides fundamental rights to the people who belong to a democratic nation like India. Migrants cannot be treated differently on the basis of religion. It also provides for people whose parents or grandparents were born in India to become Indian citizens. Paper Download Our paper has been published in the April 2018 issue of ACM SIGCOMM CCR: Link. Disclaimer: The views and opinion expressed in this article are those of the authors and do not necessarily reflect the views of ‘thelawmatics’. A person who stays beyond the visa permit is also referred to as an illegal immigrant. Letters to the Editor — November 13, 2020, Corrections and clarifications — November 13, 2020. As a constitution framer said, ‘I see no reason why a Muslim who is a citizen of this country should be deprived of his citizenship at the commencement of this Constitution.’ But the CAA-NRC does precisely that by creating a fear psychosis among document-less Muslim citizens of India about their citizenship rights and about their ability to remain in their religion. However, the Opposition, which terms it 'unconstitutional', is likely to knock the Supreme Court of India's door to protest against the Bill. Opponents of the amendment could point out that the Constituent Assembly (CA) had vetoed the notion that India would be the homeland for Hindus. Supreme Court has also evolved “test of arbitrariness” in the case of E.P. The Citizenship Amendment Bill was approved by the Indian President on 12 th December 2019. It was only liberalism which protected the Jews minority as well as the concept of democracy [9]. The noteworthy point is that a lot of Indian citizens who are Indian nationals have not registered in the NRC. The concept of the human rights jurisprudence and basic rights of men essentially owes its origin to the natural law philosophy of the post-nineteenth century. After the enforcement of Constitution of India, Parliament enacted Citizenship Act, 1955 to solve the problems arising from the division of India into two dominions. The noteworthy thing is that that earlier the principles of natural justice was confined to the judicial and quasi-judicial enquiries and did not extend to the administrative action. Citizenship Amendment Act 2019 (CAA) ... Join ResearchGate to discover and stay up-to-date with the latest research from leading experts in Citizenship and many other scientific topics. But in the case of Maneka Gandhi v.UOI [4], the scope of the natural justice principle extends even to purely administrative actions. If yes, then what is the need to pass such legislation. But a document-less Muslim cannot make such an argument because the CAA does not include Muslim minorities. To solve this problem, Act described the cut off date to be 24th March, 1971. The Citizenship Bill of 1955 does not allow illegal migrants to acquire citizenship but the recent amendment allows non-Muslim minorities escaping persecution from three countries to do so. “Black letter methodology” is used in this paper. The Citizenship (Amendment) Bill was referred to a joint select committee in 2016, after being discussed extensively in the Lok Sabha. The Rajya Sabha on December 11, 2019 passed the controversial Citizenship (Amendment) Act with as many as 125 MPs voting in favour of it and 99 against it. Human beings cannot be divided on the basis of religion. "(eei) the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;". The peak in October 2017 is discussed in our paper. List of best research paper topics 2020. All Opposition parties, including the Congress and All India United Democratic Front, have opposed the idea of granting citizenship to an individual on the basis of religion. Let me explain how the combined threat of CAA and NRC could play out. For this reason, the Citizenship Act has been amended so many times over a period since independence. The fluctuations in October 2018 stem from on/off rate-limiting issues at nazwa.pl, which hosts about 200k CAA-enabled base domains. The amendment was rejected by the majority. The Rajya Sabha on December 11, 2019 passed the controversial Citizenship (Amendment) Act with as many as 125 MPs voting in favour of it and 99 against it. The problem does not lie with the rule of majority, but with religiously defined majority [10]. The concept of “Rule of Law” in England & India and “due process” in USA are essentially based on natural law philosophy [2]. The Citizenship Amendment Act (CAA) 2019, when viewed in combination with the Modi government’s intention to compile a National Register of Citizens (NRC) for India, will create a situation where being a Muslim and document-less could deprive one of citizenship rights. The example of threat to democracy was the period of post-Nazi democracies. In CAA, the classification has been made on the basis of religion. The above Act provides citizenship to the people belonging to the specific six religions and exclude Muslims. India is the biggest democracy in the world. The differentia must have rational relation to the objective of the statute to be achieved. A similar argument can be made for voters who may have voted for Modi in 2019 on other issues. CAA, 2019 is a hasty legislation which is demolishing the reputation of India by giving a message of communalism. It is evidently clear that the Indian legal system also recognises the notion of natural theory of law. On December 9, 2019, the CAB Bill was tabled and passed in the Lok Sabha's Winter Session. Having a comprehensive list of topics for research papers might make students think that the most difficult part of work is done. According to (a), classification must be based on intelligible differentia. The Citizenship Act was amended again in 2019. Copyrights © 2020 Business Standard Pvt Ltd. All rights reserved. Currently there are four ways to become an Indian citizen: birth, descent, registration and naturalisation. The NRC exercise is being conducted to find illegal migrants from neighbouring countries particularly Pakistan and Bangladesh (which also has the third largest Hindu population after India and Nepal). The Rajya Sabha on December 11, 2019 passed the Bill. This Act does not only violate Article 14 of the Constitution of India but also breaches principles of natural justice. [Philosophical Analysis] Does Natural Theory of Law approve this law? Vs. State of Rajasthan,(1997) 6 SCC 241, The Lawmatics’s model Rule and Regulations for moot court competitions, Common Rules to be followed in Moot court, QuestCrest Learning’s Online Certificate Courses, Content writer and Graphic Creator at tara foundation: Apply before 7th October 2020, International Webinar on “Can we increase the use of mediation through better use of dispute resolution clauses in contracts?” on 9th October 2020, International Webinar on Basics of Online Mediation on 26th September 2020: No registration fee, Admission Experience: Ll.b in Panjab University Chandigarh, Admission Experience: B.A LL.B in PU Regional center Ludhiana, moot court competition experience: 3rd Surana & Surana UILS Environmental Law Moot 2019, Mediate Guru's Two Day International Workshop on Mediation on 20th and 22nd October 2020. When the Preamble read along with Article 14, it shows the impartial philosophy of the Constitutional makers. On one side of the coin, this legislation is working as a poison to kill the integrity of India. However, this Act has no impact on the citizenship of Muslim community who are already Indian Nationals. Introduction. Let’s assume that one of the documents is a birth certificate. Now question arises that the classification which have made in the CAA is reasonable or not? Thus CAA, 2019 violates the natural theory of law. b) That the exclusion of ethnic attributes was deliberate in the Act because including it would allow Rohingyas (who are mainly Muslim) to apply for Indian citizenship. Earlier, at the time of independence, the intellectuals and parliamentarians wanted to make a free India, not only from colonialism but also from the evils of the society. It is not only violation of Article 14 but also breach the principles of natural justice (fair hearing). According to the natural law, survival of human race with peace is vital than religion. In 21 st century, the valuable point is that religion should be an individual phenomenon and choice. In the 2019 UK elections, Labour party strongholds turned conservative because those voters preferred Boris Johnson’s stance on leaving Europe even though they may have championed the Labour party’s strategy for the economy.