Myths on CAA and Reality

The principle of constitutional morality cannot be invoked in isolation and must in fact be located within the fundamental right provisions. In light of the facts presented above, it can be easily said thatCAA does not violate any fundamental right provisions of the constitution and therefore, the question of violation of constitutional morality does not arise. 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.

Does CAA affect the rights of Indian Citizens or in any way affects the legal migration rights offoreigners?CAA does not impinge upon any existing right that may have existed prior to theenactment of the amendment and further, in no manner whatsoever, seeks to affect the legal, democratic or secular rights of any of the Indian citizens. The existing regime for obtaining citizenship of India by foreigners of any country is untouched by the CAA and remains the same. It is submitted that the legal migration, on the basis of valid documents and visa, continues to be permissible from all countries of the world including from the three specified countries. The CAA is merely a limited legislative measure, circumscribed in its application which does not affect the existing legal rights or regime concerning citizenship [falling outside the purview of specialized measure) in any manner.