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The Citizenship Amendment Act’s Incompatibility with the Indian Constitution, Politics, and International Law

The piece is an analytical critique of the Citizenship (Amendment) Act by deconstructing it in regards to a wide range of legal (national and international), political and moral issues. In this paper, I show that the CAA is constitutionally invalid, and goes against the foundational nature of Indian Politics. Moreover, I highlight the Act’s failure to comply with International Law vis-a-vis citizenship. 
 
Moreover, it takes a novel approach to analyze the Act with respect to conventions of International Law, as well as the involvement of the judiciary in interpreting the constitutional validity of it. It represents a wide range of analyses and advances an array of different arguments with in-depth analyses. 
 
I argue how the CAA finds itself at odds with some of the founding principles of Indian democracy and also fails to serve as a citizenship law under accepted customs of International Law. The CAA does not qualify as a just law as per the principles of the rule of law. It also fails the test of constitutionality by not providing for a rational and reasonable justification for its differential treatment. Furthermore, it is severely flawed in its text vis-a-vis the provisions of International Law. It is, thus, my objective to prove how the CAA is an attempt not at active inclusion but at passive exclusion. These arguments are put forth in two separate manners. Firstly, I address the CAA, on general, moral, and philosophical grounds, and then proceed to analyze the legislation on specific facts regarding law and its visible impacts. I also address some of the more long-term effects it will have on the nature of politics in the country, and the manner in which it will serve to derogate the nature of democracy in India.