The Constitutional Case Against the Citizenship Amendment Bill

Economic and Political Weekly (2019) Vol. lIV No. 3

3 Pages Posted: 6 May 2019

See all articles by M. Mohsin Alam Bhat

M. Mohsin Alam Bhat

Yale Law School; Jindal Global Law School

Date Written: January 19, 2019

Abstract

The Lok Sabha passed the Citizenship (Amendment) Bill on 8 January 2019. In fact, the central government had started taking small and discreet steps towards the enactment and implementation of the law since 2015 itself. The bill violates the Constitution because the classification it adopts is manifestly arbitrary and unjustified. Citizenship law defines a country’s political and constitutional identity. Laying down rules that determine membership in our political community only on the basis of one’s religious beliefs completely violates this principle.

Keywords: India, Citizenship, Equality, Discrimination, Migration, Immigration, Refugees, Law, Constitution, Citizenship Law

Suggested Citation

Bhat, M. Mohsin Alam, The Constitutional Case Against the Citizenship Amendment Bill (January 19, 2019). Economic and Political Weekly (2019) Vol. lIV No. 3 , Available at SSRN: https://ssrn.com/abstract=3367310

M. Mohsin Alam Bhat (Contact Author)

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Jindal Global Law School ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
Near Jagdishpur Village
New Delhi, Uttar Pradesh/Haryana 110 066
India

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
658
Abstract Views
1,686
rank
42,626
PlumX Metrics