Guest post by ABHIK CHIMNI
The Citizenship Amendment Act, 2019 (CAA) is a legislation which along with the National Register of Citizens (NRC) gives rise to a legal regime which is not consistent with the tenets of the Indian Constitution.
The CCA/NRC violates the basic structure of the Indian Constitution, primarily the equality clause and the principle of secularism embedded within the constitutional framework.
I further argue that Fundamental Rights are in fact dissenting rights.
The Indian Constitution – A story in three parts
The Constitution can be broadly divided into three parts.
The first accounts for protection of individual liberty through the fundamental rights chapter stipulated in Part III of the Constitution.
The second seeks to create independent institutions such as the constitutional courts, the Election Commission, the Comptroller Auditor General and the Governor’s office etc.