'India constitutionally secular; CAA doesn't violate fundamental rights' - Centre to Supreme Court


New Delhi, Mar 17 (IANS): The Centre in a preliminary affidavit point-by-point responded to the criticism against the Citizenship Amendment Act (CAA) and said India is constitutionally secular, and also told the Supreme Court that the CAA does not violate any fundamental right provisions of the constitution and therefore, the question of violation of constitutional morality does not arise.

The amended law seeks to grant citizenship to non-Muslim migrants belonging to the Hindu, Sikh, Buddhist, Christian, Jain and Parsi communities who came to the country from Pakistan, Bangladesh and Afghanistan on or before December 31, 2014.

The Centre insisted unlike the particular neighbouring countries, "India is a constitutionally secular country and further has a large population of persons belonging to the classified communities already residing as Indian citizens".

The Centre said after considering the totality of factors, including factors of international geopolitics, the demographic profile of nations surrounding the particular neighbouring countries, the situation of or the presence of other persons of classified communities in other nations surrounding the neighbouring classified countries and the presence of state religions/theocratic regimes in other countries surrounding the neighbouring classified countries, "makes it amply clear that India represents the sole rational and logically feasible place to seek shelter for the said communities."

The Centre in the affidavit said, "It is submitted that constitutional morality is not an unruly horse and cannot become an independent basis for challenging the constitutionality of validly enacted legislations."

The Centre in the affidavit said that the CAA, 2019 does not confer any arbitrary or unguided powers upon the executive. "Under Section 6B(1) the Central Government or a specified authority would grant citizenship only in a manner where certain conditions & restrictions would be satisfied by the applicant. Appropriate rules under Section 6B are being framed to clearly lay down these conditions, restrictions and manner of grant of citizenship", said the affidavit.

Addressing the issue of citizenship for Rohingyas, the Centre said that thousands of Rohingyas have come into India mainly through Bangladesh in search of better economic opportunities. "It is submitted that the Rohingyas are not on the same footing as the religiously persecuted minorities who have fled into India from the particular neighbouring countries", said the Centre.

 

  

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Comment on this article

  • Rshd, Khobar

    Thu, Mar 19 2020

    Wow, now according to BJP, Rohingyas are no more religiously persecuted community, whereas the whole world acknowledged how Burmese tortured the Rohingyas. What hypocrisy and utter disdain for a particular community. There is no doubt a deep rooted hatred and animosity with the RSS and BJP against Muslims which right now many hindus fail to see as they feel they are safe under hindutva rule.

    DisAgree Agree [3] Reply Report Abuse

  • Raja Sethu, CUDDALORE

    Wed, Mar 18 2020

    It is a sensitive issue. Muslims feel that they are neglected when the CAA excludes them. In fact if everyone moves out from the eyes of religion and look at the issue it will be clear. Nobody can deny the human rights in India. At the same time everyone has to understand the situation of non Muslims living in our neighboring countries who have no basic human rights and live in unsafe environment. This will give the clarity to sort out the issue.

    DisAgree [6] Agree Reply Report Abuse

  • smr, Karkala

    Wed, Mar 18 2020

    The constitution of India drafted Dr. Ambedkar is secular. But it is the RSS political wing BJP don't respect it and CAA is the violation of the fundamental rights of the citizen of India.

    The recent Delhi riots is proof of BJP's meaning of secularism.

    Jai Hind

    DisAgree [7] Agree [23] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Mar 17 2020

    Why did Amit Shah spend Rs. 4,575 crores on Detention Centers all over India ...

    DisAgree [7] Agree [33] Reply Report Abuse

  • Raju, Karkala

    Tue, Mar 17 2020

    Suspense

    DisAgree [4] Agree [7] Reply Report Abuse

  • Charles D'Mello, Pangala

    Tue, Mar 17 2020

    Why not Muslims and their decedents who stayed back in India during partition....?????

    DisAgree [5] Agree [12] Reply Report Abuse

  • El En Tea, Mangalore

    Tue, Mar 17 2020

    Today Fundmental rights
    After U turn as usual

    DisAgree [2] Agree [12] Reply Report Abuse

  • Thousif, Manglore, Bolar

    Tue, Mar 17 2020

    These All SC everything is RSS Modi Amit puppet they will say true is lie and lie is true . Jokers . Thse bjp made india down . We reject it and we will .

    DisAgree [13] Agree [34] Reply Report Abuse

  • Beowulf, Mangalore

    Tue, Mar 17 2020

    Dont comment like an idiot. Whether we like it or not we have to respect SC decisions.

    DisAgree [16] Agree [6] Reply Report Abuse

  • Abubaker, Riyadh

    Wed, Mar 18 2020

    SC to be stand on Justice. Not under pressure.

    DisAgree Agree [5] Reply Report Abuse

  • David Pais, Mangalore

    Tue, Mar 17 2020

    no need of your any assurances. stop your npr, prc & caa immediately.

    DisAgree [14] Agree [41] Reply Report Abuse

  • Azeez Vittal, DXB

    Tue, Mar 17 2020

    Yes.We are secular just in the books.Not in real practice.Indeed,we are calling ourselves "Jatyateeta" means a state which considers religion as irrelevant in it's decision making process ,that is a state which is not subject to or bound by religious rule.Yet,Majority of our leaders are chosen on the basis of religion & caste.We have different personal law board for different religions.Now we have CAA which is clearly discriminates one sect of people on the basis of their religion.Had it been any other criteria to eliminate , there wouldn't be any protest on that.We should reject CAA , not because it's anti-Muslim, but because it's anti-constitutional and anti-secular.The democracy becomes a curse,when majority of the people chose to stay with fascism.

    DisAgree [11] Agree [32] Reply Report Abuse

  • Rahul Kejar, Kanpur nagar

    Tue, Mar 17 2020

    What is CAA and Please tell me how it voilates against muslim..Stright forward answer will be appreciated ..Let me know Clouses also..I am dumb so

    DisAgree [29] Agree [17] Reply Report Abuse

  • Ashok, Mangalore

    Wed, Mar 18 2020

    Rahul, I wonder why people disagree with you when you clearly said that you're dumb. With the questions asked and your place of residence clearly says you're indeed DUMB.

    DisAgree [5] Agree [12] Reply Report Abuse

  • G Veer S, Nagpur

    Tue, Mar 17 2020

    If you admit India is constitutionally secular then why are you ruling the country in communally???. Anyone who is against the constitution is a proven anti national but not the people who are protesting and raising thier voice against violating the constitution. Change your definition of anti nationalism. Don't hide behind the cover of patriotism by only verbally proclaiming but actually you are a traitor and betraying the country and its patriotic citizens.

    DisAgree [13] Agree [28] Reply Report Abuse

  • Ramnath Kamath, Mangaluru

    Tue, Mar 17 2020

    Modiji is sacrificing everything for the sake of this country. We must support him whole heartedly.

    DisAgree [67] Agree [19] Reply Report Abuse

  • ad, mangaluru

    Tue, Mar 17 2020

    Everthing?

    DisAgree Agree [12] Reply Report Abuse

  • Peshu, Manipal

    Tue, Mar 17 2020

    After Independence, it was named as CA - Citizenship Act by national Congress. Providing shelter for our forgotten brothers and sisters of neighboring countries.

    After 2016 election, it was renamed as CAA - citizenship amendment act.
    The word "Amendment" wasn't there before. Now question is "Amendment ". Why would Amit Shah & Modi added this clause in it???

    Amendment means correction in the existing act, to keep Muslims out from the neighboring countries... Since you called yourself living in a multilingual , secular country - why would you exclude Muslims from this rule???...this is what I understood in CAA

    DisAgree [2] Agree [14] Reply Report Abuse

  • Dknrao, Bahiranga Dar, Ethiopia

    Thu, Mar 19 2020

    When people of those countries belonging their own religion have problem there and want to take shelter in india, why should it provide? Because those persecuted belonging to indian community shall be granted. It is not an adda for all those with terrorist connections and make this a muslim country by genocide? Any one with eyes open know what are the plans if these muslims over the world. Only fools can't understand their agenda. Any self protecting country will restrict such encroachment. Because of the vote bank politics, the whole of opposition's and wretched gangs are making nonsense i n the country through funded agency support. Let people open their mind and uh understand things.merely opposing things has no sanctity.

    DisAgree Agree Report Abuse

  • Sahil, Mangaluru

    Tue, Mar 17 2020

    Center ED sleeping 65crore? Behind MLA Gujarat. CAA? Just to divert....

    DisAgree [9] Agree [33] Reply Report Abuse

  • Clara, Mangalore

    Tue, Mar 17 2020

    Rightly said Center Govt . Majority of them support CAA only few people don't support no problem . Central Govt is Right

    DisAgree [51] Agree [16] Reply Report Abuse

  • ayes p., kudla/ksa

    Tue, Mar 17 2020

    Yes; everybody knows that constitution is secular.
    What about center?

    DisAgree [10] Agree [35] Reply Report Abuse

  • Jeevan, Kudla

    Tue, Mar 17 2020

    We need CAA and govt must implement immediately..

    DisAgree [55] Agree [19] Reply Report Abuse

  • Roshan, Mangaluru

    Tue, Mar 17 2020

    There were lot many families migrated from current Bangladesh, Pakistan and visa versa. It was not easy one day travel with all the belongings. It taken days and weeks for them.

    With an entry and exit point in Assam specially in the north many got stuck there for long. So, the people who really want to migrate, could not go there, as those countries will not take them identifying them as Indians. So, Rajiv Gandhi devised a way working with the neighboring countries, to get the people relocated as per their own wishes. With his murder, this effort was went cold. Many stayed along and with new generations, become part of the state.

    Modi Govt., saw an opportunity there for its religious divide. It pushed for NRC assuming many are from one religion who will not have documents and will be made stateless. So, the notified law by Modi govt., to make every one without valid Indian documents as stateless. What it turned out was beyond the imagination of Modi Govt., of the 19lakh stateless 16lakh people were non-muslims without valid Indian documents. Just a few lakhs with Muslim religion. As per law all are to be deported, as they are held in detention centers.

    CAA was bought hurriedly to make this 16lakh valid indian citizens and 3lakh muslims as stateless.
    Further, there is no plan in place to know what to do with these many people, which include elderly, women and children, not forgetting even soldiers, who fought for India.

    So, if any one claiming CAA is not against one religion it is naive. The guys who hate muslims, find it as progressive.

    All these people are now indians. They must be given citizenship. If any one wishes to cross over, it is their wish, then there should be a away provided to them, to legitimately switch over.

    Modi govt is self inflicting corona virus first and then searching for medicine each time.

    DisAgree [7] Agree [19] Reply Report Abuse

  • Roshan Rodrigues, Mangalore

    Tue, Mar 17 2020

    Swiss Bank Money.....................?
    15 Lakhs ...............?
    where is Dawood..............?
    where is Mallya...........?
    where is Modi.....................?
    where and when Bullet train
    CAA why not? but how and when?

    DisAgree [17] Agree [33] Reply Report Abuse

  • nazeer husain, kuwait

    Tue, Mar 17 2020

    Centre even might know that which court judge to be awarded with rajyasabha membership or foreign country ambassador after their retirement. We must fight against the boot licker policy of govt offecials.

    DisAgree [9] Agree [28] Reply Report Abuse

  • Chetan, Udupi

    Tue, Mar 17 2020

    BJP must muster courage to reveal that the intention of CAA is to flush out minorities from the country and establish one religion, one culture, one language majoritarian rule. Why don't they do it? Scared of whom?

    DisAgree [12] Agree [36] Reply Report Abuse

  • Pravin, Udupi

    Tue, Mar 17 2020

    Exactly. If they don't do this now, then when?.

    DisAgree [7] Agree [18] Reply Report Abuse

  • Samad, Mangalore

    Tue, Mar 17 2020

    If this is challenge then no one can stop us to be a majority in India.

    DisAgree [20] Agree [7] Reply Report Abuse

  • Prabhu, Karkala

    Tue, Mar 17 2020

    Good joke.

    DisAgree [7] Agree [11] Reply Report Abuse

  • Pravin, Udupi

    Tue, Mar 17 2020

    Some people tried to do this in Kashmir. Every one knows the consequence.

    DisAgree [7] Agree [12] Reply Report Abuse

  • Aloysius, Kinnigoli

    Tue, Mar 17 2020

    Then what is meaning of this?
    ಸರ್ವೇ ಜನ ಸುಖಿನೊ ಭವಂತು!
    सर्वे जाना सुकिनो भवन्तु !

    DisAgree [3] Agree [22] Reply Report Abuse

  • Arthur, Mangalore

    Tue, Mar 17 2020

    A significant number of Indians do not trust the Centre to defend secularism or protect fundamental rights. The constitution is secular but the RSS-BJP is not secular.

    DisAgree [14] Agree [50] Reply Report Abuse

  • Prabhu, Karkala

    Tue, Mar 17 2020

    If significant number of Indians don't trust the Government, how they got elected twice.

    DisAgree [35] Agree [18] Reply Report Abuse

  • Ahmed K. C., Mangalore

    Tue, Mar 17 2020

    You must ask this to EVM Raja.

    DisAgree [13] Agree [37] Reply Report Abuse

  • RSRB, Kundapura

    Tue, Mar 17 2020

    Aloysius, Kinnigoli

    That means "let us not disturb others".....
    Wherever feasible, let us help others to be happy...

    It does not mean "we will make others happy at the cost of self".....

    DisAgree [3] Agree [6] Report Abuse

  • Rahul Kejar, Kanpur nagar

    Tue, Mar 17 2020

    Ahmaderna ...Aweee Raahgaaa aweee thaala.. Btw Shahin Bhag is gathered with many ppl,,arnt they scared about corona because corona got no chill

    DisAgree [1] Agree Report Abuse

  • Ahmed K. C., Mangalore

    Tue, Mar 17 2020

    We have no problem if it says "oppressed minorities from neighbouring countries will be given Indian citizenship"

    DisAgree [7] Agree [32] Reply Report Abuse

  • Naresh, MUMBAI

    Tue, Mar 17 2020

    Not at all.

    DisAgree [5] Agree [8] Reply Report Abuse

  • PenMightierThanTheSword!, Mangalore

    Tue, Mar 17 2020

    Centre on the back foot!

    DisAgree [18] Agree [33] Reply Report Abuse


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Title: 'India constitutionally secular; CAA doesn't violate fundamental rights' - Centre to Supreme Court



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