Even Without NRC, Here’s Why the CAA is Unconstitutional | The Quint

แชร์
ฝัง
  • เผยแพร่เมื่อ 22 ม.ค. 2020
  • Suhrith Parthasarthy, an advocate specialising in constitutional law, explains why the Citizenship (Amendment) Act 2019 is unconstitutional in itself, and why the arguments by those supporting it don’t add up.
    Video: The Quint
    Music: Big Bang Fuzz
    Support The Quint's independent journalism. Become a member now: bit.ly/2mE6B8P
    __
    Check out The Quint for more news: www.thequint.com
    The Quint in Hindi: hindi.thequint.com
    For more videos, subscribe to our TH-cam channel: bit.ly/2aIcith
    You can also follow The Quint here:
    Facebook: bit.ly/1RXYIg5
    Twitter: bit.ly/1tjFuxI
    Instagram: bit.ly/1Piyc18

ความคิดเห็น • 534

  • @TheQuint
    @TheQuint  4 ปีที่แล้ว +34

    We tell stories that no one is willing to tell. Support The Quint now. bit.ly/2mE6B8P

    • @vaibhavkumar4002
      @vaibhavkumar4002 4 ปีที่แล้ว +4

      The Quint I have a suggestion......Why don't you interview Harish sales(former solicitor general)....Cause he might just disagree with this gentleman.

    • @InvestWithAshish
      @InvestWithAshish 4 ปีที่แล้ว

      Pls also post the hindi version of this video

    • @akshatagrawal6122
      @akshatagrawal6122 4 ปีที่แล้ว +4

      Yeah, then reservation also treats equal persons unequally. Make a video: "Why reservation is unconstitutional".

    • @yashgautam5983
      @yashgautam5983 4 ปีที่แล้ว +1

      @@akshatagrawal6122 kyoki abhi bhi jati wad ameer garib dekh kar nahi zati dekh kar hota ha aur jab hatana ha reservation to completely hatao
      1. Mandir se pandit ko hatao koi bhi pandit ban sakta ha, sale vo free ka nahi kha rahe.
      2. Sab me barabar zameen bato .kyoki
      Adhiktar hazaro acre zameen uchi caste wala ke pas ha ,aur vo zamen unki mehnat ki kamai ki nahi ha unke zo purkhe gareebo se loot kar kabziyae ha.
      Ye do kam kardo bhad me gaya reservation.

    • @AyushMishra-rq8xp
      @AyushMishra-rq8xp 3 ปีที่แล้ว

      Stop this Selective study. And improve your Journalism

  • @thevagabond85yt
    @thevagabond85yt 4 ปีที่แล้ว +37

    Every loser is very confident until the verdict comes... Harish Salve has already explained why it is not unconstitutional still Suhrith's winning

    • @ravee963
      @ravee963 2 หลายเดือนก่อน

      Let's see SC Judgement 😅😅😂

  • @absolute7433
    @absolute7433 4 ปีที่แล้ว +74

    *This is what is needed actually the balanced as well as educated arguments of both sides. Simply Commendable!*

    • @kishor_potnuru
      @kishor_potnuru 4 ปีที่แล้ว +3

      "Reason Classification" of citizen by the govt. is basied on that these three countries declared themselves as "Islamist" nations where others minorities were treated badly and our nation builders made a promises to take back whenever they come.His arguments can be easily challenged in court.(check harish salve interview with NDTV)

    • @srkchandrala1071
      @srkchandrala1071 4 ปีที่แล้ว +5

      When we are conveniently not taught about partition and blood shed and only taught to celebrate our Independence day without remembering the blood shed and hell of partition.
      Going by his argument, we should not implement any of the subsidy programs because not ALL 'below property line' people get the subsidy. Some are excluded because scope of subsidy is set to a certain budget Limit, whereas if we need to satisfy ALL, we don't have enough budget.
      We should not implement any of the subsidy programs because they donot cover ALL below the BPL line. We should wait until our budget grows and is enough to cover ALL the BPL. (We are not treating all unequals equally).
      How did our Indian education system produce these "Twisted Literates".
      I thought we had to deal with only "pseudo secularists" and "urban naxals". Now we have "Twisted Literates".

  • @sanyalove7469
    @sanyalove7469 4 ปีที่แล้ว +35

    Why the SC is behaving like they did in emergency.

    • @basictalent1
      @basictalent1 4 ปีที่แล้ว

      sanya love they imagine the horror of what Amitshah did to justice loya

    • @akashshetty5141
      @akashshetty5141 3 ปีที่แล้ว

      @Venky Wank no can buy a supreme court judge

    • @akashshetty5141
      @akashshetty5141 3 ปีที่แล้ว

      @Wacky Venky this may be the case I'm not aware of it

    • @akashshetty5141
      @akashshetty5141 3 ปีที่แล้ว

      @Wacky Venky in law school they teach us ki no one can bribe supreme court judge but when solemon bhoi can be proved innocent anything is possible😂😂

  • @hritik25m19
    @hritik25m19 4 ปีที่แล้ว +15

    Supreme Court on state of West Bengol vs Anvar Ali Sarkar case said that positive discrimination does not violate article 14

    • @retiredpoop8300
      @retiredpoop8300 2 หลายเดือนก่อน

      But positive discrimination is only applicable when it comes backward classes, sc and st and women and children not religion

    • @naptune6279
      @naptune6279 2 หลายเดือนก่อน

      ​@@retiredpoop8300 they are SC they have kids there are women.....They all are percicuted in the name of religion 😅

  • @utkarshraj9891
    @utkarshraj9891 4 ปีที่แล้ว +19

    An oxymoronic monologue. I want to congratulate you for the effort you’ve put in. But certain aspects lack common sense. I believe laws should be left to law makers.

    • @blackmirrah5375
      @blackmirrah5375 4 ปีที่แล้ว +2

      Propaganda of madarsa media then they criticize godi media

  • @ziyaabbas6437
    @ziyaabbas6437 4 ปีที่แล้ว +54

    I dont know why the people are talking about Constitution while ruling party doesn't give important to our Constitution

    • @ziyaabbas6437
      @ziyaabbas6437 4 ปีที่แล้ว

      Yeh offcours congress had
      At that no body lost faith in institution and what you said secular added by congress 😀😀😀😀😀😀😀😀😀😀😀😀😀😀😀😀😀😀😀😀😀😀😀😀

    • @ziyaabbas6437
      @ziyaabbas6437 4 ปีที่แล้ว +2

      @@Achintyanath all the thing prembale had already don't try to making fool while telling lie

    • @pieraspisso4265
      @pieraspisso4265 4 ปีที่แล้ว +1

      @@Achintyanath
      i think that you have to learn the significance of socialist....and social democracy.

    • @ziyaabbas6437
      @ziyaabbas6437 4 ปีที่แล้ว +1

      @@Achintyanath listen my friend if you have problem to be a secular and socialist then it's your problem
      And it's was added bcz Indian state does not have recognize
      So whats problem if all religion have space

    • @TacticalMetalJoegaming
      @TacticalMetalJoegaming 4 ปีที่แล้ว +1

      @@Achintyanath Secularism was invented much later but the idea was enshrined in the constutition from the 1920s when the constitution was in its very early stage.

  • @stephenhawking2458
    @stephenhawking2458 4 ปีที่แล้ว +67

    CAA has been brought to by Cow-wala and Chai-wala from Gujarat !

    • @virajsawant4633
      @virajsawant4633 4 ปีที่แล้ว +4

      And not by itali wala

    • @jenimarai1906
      @jenimarai1906 4 ปีที่แล้ว +4

      QUINT which was Supporting ANTI NRC, ANTI CAA.. Now After SC intervention shifted to only ANTI CAA, Now Making Assumptions Which not Persecuted Minorities from SL, MYANMAR.. shows how They are Changing their Stance.. If not then ANDH BHAKTH like you. Is in DANGER coz You can't read..

    • @stephenhawking2458
      @stephenhawking2458 4 ปีที่แล้ว +2

      @razeel2196 I'm citizen of the UK. You Belong to nowhere as Amit Shah stated non of your documents are your citizenship proof. It's the beginning of your 5tn cow economy.

    • @stephenhawking2458
      @stephenhawking2458 4 ปีที่แล้ว +1

      @@jenimarai1906 What I can read is your economy is in danger ! Even throughout this century your country would never be called a developed nation.

    • @jenimarai1906
      @jenimarai1906 4 ปีที่แล้ว +3

      @@stephenhawking2458 YOUR not BRITISH who Is Commenting on EVERY Indian Video of CAA, BENGALI, ASSAMESE, blah Blah.. Your Just HIDDEN Troll BASTARD.. Pretending to be BRITISH not to get BASHEDD.. Why will A BRITISH Worry about INDIA or It's Internal Matter. ?? Or Why will a ENGLISH care for AMIT SHAH, NRC, CAA..??
      .
      SEEMS like LOL TROLL Bastard Doesn't Know, His Comments on the same Channel can EXPOSE the IDENTITY.

  • @woman178
    @woman178 6 หลายเดือนก่อน +3

    CAA is constitutional or not is validate by whom you go to that institutions it is better you are smart enough so that you can arrive at logical conclusion

  • @ashishthapa7276
    @ashishthapa7276 4 ปีที่แล้ว +47

    If it does then why does Parliament and supreme Court failing to address it.
    Hope all the legal community unites against this monster Act of citizenship.

    • @VikasJaink
      @VikasJaink 4 ปีที่แล้ว +9

      Parliament has passed it, no way court can stop it. Court is not above parliament.

    • @rohanhazra7622
      @rohanhazra7622 4 ปีที่แล้ว +9

      @@VikasJaink Good joke!

    • @satvikdash7227
      @satvikdash7227 4 ปีที่แล้ว +7

      @@rohanhazra7622 What he said is true. Read about the Shah Bano case,and more recently,when the Parliament overturned the decision of the Supreme Court regarding the SC/ST act.

    • @sonaligautam5530
      @sonaligautam5530 4 ปีที่แล้ว

      Why did SUPREME court illegally legalized CAA.

    • @comrade9114
      @comrade9114 4 ปีที่แล้ว +1

      Coz they are the puppets of the illiterates government

  • @gonusood6723
    @gonusood6723 4 ปีที่แล้ว +7

    Sir, I looked up "Sri Lanka's Constitution of 1978 with Amendments through 2010"
    This is what I found.
    CHAPTER II
    BUDDHISM
    9. The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the
    duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights
    granted by Articles 10 and 14(1)(e).
    I'm no law expert but I would assume that Srilanka though has given special privileges to Buddhism, but It does not have an offical state religion.
    Waiting for your clarification on the subject.

    • @sagarvijayendra8683
      @sagarvijayendra8683 4 ปีที่แล้ว

      But it is due to this the Buddhist extremists r being more powerful enof to drive away everyone from their country

    • @gonusood6723
      @gonusood6723 4 ปีที่แล้ว

      @@sagarvijayendra8683 your hypothesis has no factual backing, even if it did, this is not the point. The Point is whether a country is secular by constitution or not. Sri Lanka is. You can say the same thing about extremists in India or USA. But both are secular by constitution

    • @sagarvijayendra8683
      @sagarvijayendra8683 4 ปีที่แล้ว

      @@gonusood6723 tht way we cud say tht Pakistan is a military dictatorship type govt but u see media, supreme court etc. don't act so dumb

    • @gonusood6723
      @gonusood6723 4 ปีที่แล้ว +1

      @@sagarvijayendra8683 exactly. What's your point?
      Officially Pakistan is Islamic republic. So any legal action will be based on Pakistan's legal stance, not on, whether or not, military runs their government.
      Same way any legal action w.r.t. Sri Lanka will be based on there officially constitution, not on whether or not they have religious extremists in Sri Lanka.

    • @sagarvijayendra8683
      @sagarvijayendra8683 4 ปีที่แล้ว

      @@gonusood6723 if that's the case y don't we too have extremists it's and extremely normal thing wat cud go wrong with the nation🤷🏽‍♂️🤷🏽‍♂️🤷🏽‍♂️🤷🏽‍♂️

  • @anilkhator8446
    @anilkhator8446 4 ปีที่แล้ว +3

    Please don't spread the lie. no logic in your explanation. you are mixing CAA and article 14. article 14 which is applicable to the indian citizen and this CAA amendment is for the people who are seeking citizenship. you are not clear about what is the objective and history behind this new amendment. people like you creating confusion and unrest in India. I dont understand how muslims are religiously prosecuted in muslim country??????

  • @Vishal-
    @Vishal- 4 ปีที่แล้ว +4

    If this is against article 14 then will reservation based on CASTE in India also be considered against article 14?

    • @user-ft5jp1ot2h
      @user-ft5jp1ot2h 4 ปีที่แล้ว +3

      Watch from 3:00.
      They come under this reasonable classification.

    • @Vishal-
      @Vishal- 4 ปีที่แล้ว

      The stranger The intelligible differentia argument under reasonable classification was covered when the object of this bill is to give asylum to the minorities. The fact that they are minorities in those countries is a reasonable classification, even if the bill mentioned a single religion it would’ve passed the legal test. That’s my reading.

    • @user-ft5jp1ot2h
      @user-ft5jp1ot2h 4 ปีที่แล้ว

      @@Vishal- But this bill doesn't pass the following tests
      1.why only those 3 countries?
      2. Is there only persecution in the name of religion? What about language or race?(Sri Lankan Tamils)
      This shows that the bill is discriminatory in all aspects picking certain countries you wish and leaving aside others.

    • @Vishal-
      @Vishal- 4 ปีที่แล้ว +1

      The stranger the solicitor general argued in court that these countries were a part of India so the ethnic argument was accepted by the judge. The fact that the magnanimity of any bill is a matter of policy. You cannot say that include other countries as well like Uganda. This particular bill only deals with persecution on the basis of religion the other forms of persecution on the basis of political believes etc like the Sri Lankan problem where the asylum granted to some by the un was on the basis of political persecution not religious. This is not an essay writing competition that you’ll just suffix “hence proved” , the application of law is different then every semiliterate without a law degree trying to interpret it the way they want to. The act is drafted well and it’ll pass the article 14 test.

    • @user-ft5jp1ot2h
      @user-ft5jp1ot2h 4 ปีที่แล้ว

      @@Vishal- The countries where part of India. When did they announce Afghanistan as a part of India before?
      The reasons you mentioned clearly shows that this bill is discriminatory in nature. I never asked to grant for the people of Uganda, Indian Citizenship. My question on what basis they picked up only these countries? If it's religious persecution the Rohingyas must also be included in this. But they are not included. That's why it's discriminatory. I'm not against the law which provides citizenship to refugees. But religion shouldn't be a criteria for that. It destroys the concept of secularism.

  • @thehistorypost2699
    @thehistorypost2699 4 ปีที่แล้ว +8

    Also persecution cannot be only on the basis of Religion ..it can be on the basis of Language, Color, region or class.

    • @blackmirrah5375
      @blackmirrah5375 4 ปีที่แล้ว

      The word isn't even mentioned in caa...

  • @mangomanftw5538
    @mangomanftw5538 4 ปีที่แล้ว +14

    Article 14 states 'within the territory of India'. Why does everyone ignore that part?

    • @salmankhurshid425
      @salmankhurshid425 4 ปีที่แล้ว +1

      No my friend Article 14 says "State shall not deny to 'any person' a) equality before law, and b) equal protection of law". There is nothing mentioned as within the territory of India or outside of it.

    • @mangomanftw5538
      @mangomanftw5538 4 ปีที่แล้ว +6

      @@salmankhurshid425 You then my friend, are quite ignorant

    • @krishnasai3201
      @krishnasai3201 4 ปีที่แล้ว +3

      Then you can throw anybody as your wish only bcaz u r in power?...what if america throw all Hindus only because america is Christian country and hindus might be a threat caz of ur chaddi activities in this country

    • @salmankhurshid425
      @salmankhurshid425 4 ปีที่แล้ว

      @@mangomanftw5538 please google article 14 and read two to three times atleast you will find who is ignorant...

    • @mangomanftw5538
      @mangomanftw5538 4 ปีที่แล้ว +5

      @@krishnasai3201 Where is the question of throwing someone out coming from? Please read the act my friend. Seems all of you here are misinformed/ignorant

  • @MdTalha-lv9gh
    @MdTalha-lv9gh 4 ปีที่แล้ว +2

    This should be translated into all major Indian languages and circulated to understand CAA.
    Thanx alot Quint for this detailed explanation.

  • @ashoks5317
    @ashoks5317 4 ปีที่แล้ว +4

    What is the meaning of article of 14 having reasonable classification?
    Even Supreme Court lawyer Harshs Salvevhas Clarified so also J Saideepak at NALSAR.

    • @Vishal-
      @Vishal- 4 ปีที่แล้ว

      Ashok S i recommend you watching Harish salves interview with the India today, NDTV or mirror now. He dictated it out.

  • @ArshadIqbal_IEC_
    @ArshadIqbal_IEC_ 4 ปีที่แล้ว +4

    please upload this in hindi as well so that many hindi heart land people can understand as welll

  • @AbdulRehman-jn6we
    @AbdulRehman-jn6we 4 ปีที่แล้ว +10

    there is no mention of the word “persecution” in the Citizenship Act !!!

    • @jenimarai1906
      @jenimarai1906 4 ปีที่แล้ว +4

      This is The Point Where, MOST ANDHBHAKTH ANTI. CAA loses coz Till Now MOST ANTI CAA never Read that it Included Persecuted Minorities from Muslim Dominated Countries like BDESH, AFGHN, PAK where It is Happening... And ACT 14 Gives All Citizens EQUAL Right to CITIZENS of India not to NON Citizen to Stay in Country...

    • @user-ft5jp1ot2h
      @user-ft5jp1ot2h 4 ปีที่แล้ว +5

      @@jenimarai1906 Article 14 applies to both citizens and non citizens.
      Study the Constitution first 🤦

    • @user-ft5jp1ot2h
      @user-ft5jp1ot2h 4 ปีที่แล้ว

      @sudarshan Chakra I'm losing hope on the judiciary too.😏

    • @Vishal-
      @Vishal- 4 ปีที่แล้ว +3

      It doesn’t need to, The ministers dictated it out in the parliament. That’s why lawyers while arguing validation in court refers to parliamentary debates. Don’t quote laws without knowing it’s applications

    • @AbdulRehman-jn6we
      @AbdulRehman-jn6we 4 ปีที่แล้ว

      @•Vishal • : it matters. Finally what’s written in the constitution is what matters.
      Are we referring to videos and audio clips for all the articles in the constitution or are we referring to the constitution itself.?
      What politicians say can be to distract ppl from truly understanding the act.
      They are just creating loopholes so that they can exploit it in the future..

  • @Vishal-
    @Vishal- 4 ปีที่แล้ว +2

    The Same law cannot be for lamb and lions thats thé nature of article 14 and intelligible differentia. So tomorrow Brahmin’s will go to court and say we also want reservation. The court will deny because they’re not a socio-economic backward class.

  • @shirazkhader3481
    @shirazkhader3481 4 ปีที่แล้ว +1

    Mr. Suhrith ParthaSarthy excellent knowledgeable understanding . Thank you Sir

  • @satvikdash7227
    @satvikdash7227 4 ปีที่แล้ว +6

    Article 14 provides that state shall not deny to any person equality before the law and equal protection of laws within the territory of India.
    The article does not provide for absolute mathematical equality but allows equal treatment to equals and reasonable classification for the purpose of lawmaking.
    Supreme Court in Clarence Pais v. Union of India held that ‘Historical reasons may justify differential treatment of separate geographical regions provided it bears a reason and just relation to the matter in respect of which differential treatment is accorded.’
    So legislation will not be violative of Article 14 merely because it makes a differentiation between various geographical regions. Such legislation is valid and constitutionally sound if there are historical reasons for such differentiation and there is a just relation between the reason and the matter in respect of which differentiation is made.
    The CAA creates a class of persons belonging to certain religions that are in minority in 3 countries. So there is differentiation on a geographical basis and there is a historic justification of such differentiation and also there is a clear Nexus between this justification and the matter for which differentiation is accorded. Let’s go step by step,
    The class is of people who are Hindus, Jains, Parsis, Buddhists, Christians and who have come to India from Pakistan, Afghanistan, Bangladesh. This class is of people
    1) belonging to minorities
    2) coming to India on or before 31 Dec 2014
    3) persecuted in their country on the basis of religion
    4) Coming from the countries that have a specific official state religion and that share borders with India.
    So the class is well defined. The matter in respect of which the classification is made is giving citizenship of India.
    The historic justification is the factum of partition on religious grounds and this subcontinent having ben one nation once. The Nexus is clear, the injustice suffered by people having their roots in India due to partition and the promise made to keep our doors open. This, CAA is very much in consonance with the Idea of India, the idea of humanity and the idea of Justice to our people.
    When connected with NRC, it gives added protection to this class of people and that’s all. NRC if implemented will simply result in the deportation of illegal immigrants who do not belong to this class and who belong to this class but haven’t availed to the opportunity of applying for Indian citizenship.
    If you feel letting illegal migrants stay here and get citizenship then that’s a completely different topic. But if you feel CAA is violative of the right to equality, you are mistaken, misinformed and wrong.

    • @pallabchakraborty6356
      @pallabchakraborty6356 4 ปีที่แล้ว +3

      You have committed the blasphemy of speaking logically.

    • @VIKASHSHARMA-gn1ol
      @VIKASHSHARMA-gn1ol 4 ปีที่แล้ว +3

      can you explain how afghanistan was part of british india and a border country , and as far ar CAA is concerned you can refer constituent assembly debate and various landmark judgement ie. keshvanandabharti vs UOI , LGBTQ judgement , Shayara bano Case( triple talaq) , right to privacy .
      If you say these 3nations are official recognised as Islamic nation ..the why Budhhists , Christians are included , there are ample of countries officially recognised .
      the fight is for Basic structure enshrined in preamble . Its not about religious ideology.

    • @VikasJaink
      @VikasJaink 4 ปีที่แล้ว

      @@VIKASHSHARMA-gn1ol please understand the context and know our borders, we share borders with afghan, that is what amit shah roared in parliament. You have not seen the debate, then still questioning.

    • @VIKASHSHARMA-gn1ol
      @VIKASHSHARMA-gn1ol 4 ปีที่แล้ว +1

      @@VikasJaink sharing border is directly or indirectly both ( include or exclude POK) .... history talks about british india( due to 1947 and 1971 ) ...roaring does not mean the person is correct and they use to talk in the name of majority not with data , facts , figures . they still dont have exact number of immigrants and granting safe passage only on the ground of religion is itself a threat to country . its better to watch PM speech at Riyadh Summit .

    • @quraishi34
      @quraishi34 4 ปีที่แล้ว +1

      @@VikasJaink on what basis were these 3 countries chosen.

  • @jismathew4315
    @jismathew4315 4 ปีที่แล้ว +1

    Is it not selecting the countries from which Indian government should accept people a matter of policy? Will it pass the test of 'reasonable classification' laid by SC while considering the legality of the act under article 14? I mean the MEA can easily cite any security reasons for excluding other countries!!

  • @zz2793
    @zz2793 4 ปีที่แล้ว +4

    So far the best explanation on CAA

  • @khalidsheikhmohammad6933
    @khalidsheikhmohammad6933 4 ปีที่แล้ว +13

    What about.atheist ....
    For citizenship

    • @khalidsheikhmohammad6933
      @khalidsheikhmohammad6933 4 ปีที่แล้ว +4

      @Hari Om and Indian s going to all over the world and trying to get citizenship of US and Australia UK....

    • @akhiljames3435
      @akhiljames3435 4 ปีที่แล้ว +3

      @Hari Om but buddhist countries like Myanmar and Sri Lanka do throw out their minorities and we are their neighbouring country. If your argument is that only literate people should be allowed then that should apply to all religions not just six and Atheists as well. And not just three countries but all neighbouring countries.

    • @pleindevie7901
      @pleindevie7901 4 ปีที่แล้ว

      @Hari Om what is Sanatana darma ?

    • @akhiljames3435
      @akhiljames3435 4 ปีที่แล้ว +2

      @Hari Om Yes some Muslims are persecuted in Islamic countries on the basis of their religious beliefs and while making a law you cannot tell them to just convert and leave your faith. When making a law on giving citizenship to people affected by religious persecution you have to consider all who are affected by it.
      Your argument is similar to tell all Hindus to convert to Islam in Islamic countries then they can leave peacefully ...that is not right and you know it so then telling all Muslims who are persecuted to leave their religion is also not right.

    • @cpkatari
      @cpkatari 4 ปีที่แล้ว +1

      @Hari Om oh friend...no one kill or destroy any dharma ...only they can kill human beings...but such killings dharma will not vanish ..mind it....

  • @espotter-zu7pp
    @espotter-zu7pp 4 ปีที่แล้ว

    Population Registry is totally different from National Census. The establishment steadily changing cenus to registry. Corporate India in making, company style administration in waiting.
    The npr guidance also say, Each individual should be verified and scrutinized by local registrar. The individual who are doubtful would be heard by registrar at sub district or taluk registrar. Final decision of exclusion from citizenship should be made within 90 day.
    So if a national is not able to take up the registration, are any error mistake happen with census personal or even due to vague reasons a national would go citizenless for time in his homeland and it is upto individuals wish when the citizenship would granted back thus turn whole process to a weird joke.
    A national id card would be issued atlast. Already aadhaar is implemented were almost have database of whole population. Why a duplicate process?

  • @khateebtherockstar
    @khateebtherockstar 4 ปีที่แล้ว +1

    Please upload this video in Hindi as well.

  • @suryakantpatre4812
    @suryakantpatre4812 4 ปีที่แล้ว

    It was needed very much. Thanks Quint.👍

  • @raniramu735
    @raniramu735 4 ปีที่แล้ว +1

    Excellent! Such great explanation....Tq

  • @priyankagarwal1972
    @priyankagarwal1972 4 ปีที่แล้ว +10

    I see you have no reasonable classification for any of the arguments you made. Strongly believe, other minority facilities in india should be amended if you say CAA is unconstitutional. SC ST act need an urgent amendment.

  • @thevagabond85yt
    @thevagabond85yt 4 ปีที่แล้ว +1

    4:00 if objective is to protect migrant from "certain" countries then it will not be arbitrary.... H. Salve has explained it ... You cannot expect India to be home of refugees of say, Poland , Rawanda...

    • @greymanBB
      @greymanBB 4 ปีที่แล้ว

      tHe_VaGaBonD funny you mention polish refugees in India.
      Hindus have been and are more secular than the “siculars” of today.
      en.m.wikipedia.org/wiki/Digvijaysinhji_Ranjitsinhji

  • @shobhitraj1892
    @shobhitraj1892 4 ปีที่แล้ว +1

    Thanks for the information it really cleared all my doubts and counter arguments 👍

  • @mussiefucker2046
    @mussiefucker2046 4 ปีที่แล้ว

    . How can a person acquire Indian citizenship?
    A: According to the Ministry of Home Affairs, there are four ways in which Indian citizenship can be acquired: birth, descent, registration and naturalisation. The provisions are listed under sections 3, 4, 5(1) and 5(4) of the Citizenship Act, 1955.
    By birth:
    1. Every person born in India on or after 26.01.1950 but before 01.07.1987 is an Indian citizen irrespective of the nationality of his/her parents.
    2. Every person born in India between 01.07.1987 and 02.12.2004 is a citizen of India given either of his/her parents is a citizen of the country at the time of his/her birth.
    3. Every person born in India on or after 3.12.2004 is a citizen of the country given both his/her parents are Indians or at least one parent is a citizen and the other is not an illegal migrant at the time of birth.
    By registration:
    Citizenship can also be acquired by registration. Some of the mandatory rules are:
    1. A person of Indian origin who has been a resident of India for 7 years before applying for registration.
    2. A person of Indian origin who is a resident of any country outside undivided India.
    3. A person who is married to an Indian citizen and is ordinarily resident for 7 years before applying for registration.
    4. Minor children of persons who are citizens of India.
    By descent:
    1. A person born outside India on or after January 26, 1950 is a citizen of India by descent if his/her father was a citizen of India by birth.
    2. A person born outside India on or after December 10, 1992, but before December 3, 2004 if either of his/her parent was a citizen of India by birth.
    3. If a person born outside India or or after December 3, 2004 has to acquire citizenship, his/her parents have to declare that the minor does not hold the passport of another country and his/her birth is registered at an Indian consulate within one year of birth.
    By naturalisation:
    A person can acquire citizenship by naturalisation if he/she is ordinarily resident of India for 12 years (throughout 12 months preceding the date of application and 11 years in the aggregate) and fulfils all qualifications in the third schedule of the Citizenship Act.
    Q. Can an Indian citizen hold dual citizenship? How?
    A: The amended Citizenship Act of 1955 does not provide for dual citizenship or dual nationality. It only allows citizenship for a person listed under the provisions above ie: by birth, descent, registration or naturalisation.
    Q. How does the citizenship become invalid?
    A: Section 9 of the Citizenship Act, 1955 deals with termination. According to the provision, any citizen of India, who by registration, naturalisation or otherwise voluntarily takes the citizenship of another country, shall upon such acquisition cease to be a citizen of India. Cases of termination or cessation of citizenship will be determined ultimately by courts of law.

  • @sushantverma3558
    @sushantverma3558 3 ปีที่แล้ว +1

    It does not violates article 14 their is indian territory mentioned
    It does violates secularism but secularism does not applied outside the country

  • @dr.sonukumar3638
    @dr.sonukumar3638 4 ปีที่แล้ว +1

    I totally agree with the person in the video but unfortunately there is religious institutions run in India in the name of religion and certain section of society based on religion are benefiting,Aligarh Muslim university has reservations based on religion and there are lot of institutions run by Hindu and Christian organisations on religious grounds promoting bias via quota or reservations to particular section of society..mamta Banerjee govt used to give 10000 rupee scholarships to Muslims student who reached medical college via quota (5%reservation based on religion).....just tell me where there is not bias...

  • @darthludicrous99
    @darthludicrous99 4 ปีที่แล้ว +1

    Brilliantly explained! 👏👏

  • @pks1900
    @pks1900 4 ปีที่แล้ว

    Amazing.. thanks for this clear logical legal analysis on CAA by a Constitutional Lawyer.. long awaited.. URGENT: Can we have this video also published in Hindi and other Languages?!!

    • @reena.draws.stuff.
      @reena.draws.stuff. 4 ปีที่แล้ว

      No use ... They know everything but They just don't want to understand. Ego hurt hota unka

    • @blackmirrah5375
      @blackmirrah5375 4 ปีที่แล้ว

      @@reena.draws.stuff. sab pta hai tujhe.. A to z... PA hai modi ki?

  • @gamesong6600
    @gamesong6600 4 ปีที่แล้ว

    Very very nicely put.

  • @millatschool22
    @millatschool22 4 ปีที่แล้ว

    Nice work, Sir...

  • @AyushMishra-rq8xp
    @AyushMishra-rq8xp 3 ปีที่แล้ว

    (Where equals and unequals are treated differently article 14 does not applies.)
    That means Article 14 forbids class legislation but it does permit reasonable classification of person, objects and transactions by the law. Infact the Classification must be based on Doctrine of Intelligible differential.
    Anyone who belongs to Hindu, Muslim, Sikh , Buddhist, Jains, Christian from Pakistan, Afghanistan and Bangladesh who have entered india before 31 dec 2014 shall not be treated as Illegal immigrants.

  • @srinivasraoy-bk4vs
    @srinivasraoy-bk4vs 2 หลายเดือนก่อน

    Articles being quoted are applicable to Indian citizens not to illegal foriegn immigrants

  • @lilmuffin9253
    @lilmuffin9253 4 ปีที่แล้ว +1

    Sardar vallabh bhai Patel , a gr8 man himself said that those Muslims who are going to pak or Bangladesh are going with their own choice to form a Muslim nation and therefore shouldn't allowed to come back which is legit , now it isint a surprise that non Muslims are treated badly under these islamist regeme so what the govt is doing is making it easier for the minorities to receive citizenship in a secular country like India , still it isint banned for the Muslims to receive citizenship but the minorities just have it easier
    I don't think there's anything wrong with that
    The people in the comment section who call themselves the so called liberals speak Instagram English to feel good about themselves are mocking bjp supporters and Hindus calling them fascists andhbhakts illiterate people , these people don't even know what this act is about
    Stop trying to get attention and mocking people calling them bhakts because even if some if them don't speak Instagram English they are more educated than you
    If India or bjp government was fascist or non secular then I think all the terrorist attacks in India like 2011 taj, pulwama ,etc ALL committed by Muslims BTW , the Indian Muslims would be blamed for them but they didn't get blamed which is obviously the right thing
    This act doesn't have anything to do with Indian muslims
    Please guys educate yourselfs , read good journalism instead of the quint
    Also if you guys are up to date with news you should know that kerelans who supported CAA and protested peacefully were attacked brutally and they stopped getting water supply , the RSP are providing them with water now
    If you don't know this news you should research a bit

  • @vsbhave1960
    @vsbhave1960 4 ปีที่แล้ว

    Informative and crystal clear thought process.
    Let's see what happens in SC

  • @zeeshan5483
    @zeeshan5483 2 หลายเดือนก่อน

    This is a line drawn as India is exclusively for Hindus and way to form Hindu Rashtra . CAA + NRC +NPR , Combinedly makes complete exclusion of muslim by state agency and way to detention camp .

  • @ekanshomrey
    @ekanshomrey 4 ปีที่แล้ว +3

    Ohh nice, so this video is superior than Supreme Court to decide what is constitutional or unconstitutional.

  • @haritgandhi9741
    @haritgandhi9741 4 ปีที่แล้ว +1

    They are ignoring one important point
    Art 14 says equality among equal

  • @titus.sj.pune.
    @titus.sj.pune. 4 ปีที่แล้ว +1

    Lucidly explained!!

  • @pankajbisht77
    @pankajbisht77 4 ปีที่แล้ว

    So that means except minorities of Pakistan, Bangladesh and Afghanistan (which were part of India before) who came before 2015 can get citizenship but for others it's reduce to 5 years (earlier it was 11)
    Wasn't that a good step

  • @sellirumboraiirumborai701
    @sellirumboraiirumborai701 4 ปีที่แล้ว +2

    Let's see the guardian of the constitution still alive. I don't think so.

  • @rishabhkumardwivedi
    @rishabhkumardwivedi 4 ปีที่แล้ว +1

    Excellent 👌👍

  • @ritikasharma763
    @ritikasharma763 4 ปีที่แล้ว +7

    Thanks to Modi government, today we want to jump into law to protect the constitution of India. * MORE NUMBER OF LAWYERS WILL BE COMING TO PROTECT CONSTITUTION.
    Jai hind 🇮🇳 *

  • @brownkanth
    @brownkanth 4 ปีที่แล้ว

    This is not first time citizenship amendment has been passed on basis of religion. You can check facts and then argue on 'DISCRIMINATION'. Where were you at time of passing of such laws?

  • @mellowmood9
    @mellowmood9 4 ปีที่แล้ว

    Why this is not in Hindi😐

  • @nadeemshariff7059
    @nadeemshariff7059 4 ปีที่แล้ว

    Very clearly explained sir

  • @abhishekchoudhary283
    @abhishekchoudhary283 4 ปีที่แล้ว

    Big fan of Suhrith's editorial in The Hindu......

  • @AyushMishra-rq8xp
    @AyushMishra-rq8xp 3 ปีที่แล้ว +1

    Stop making fool of those innocent people of our country who don't understand law properly. Tell them both sides of the story. And let them understand by themselves
    This is not journalism this is Trash.

  • @raahinyapratapsingh1629
    @raahinyapratapsingh1629 2 ปีที่แล้ว

    In this country people march in azad maidan for Rohingyas and some people move to court for them
    But same empathy is not shown when hindus have to levae their motherland (pakistan bangladesh and afganistan) due to religious persecution and seek shelter in india
    Or when Kashmiri pandits have to leave their hometowns
    CAA was ment to give accelerated citizenship to those non muslims who due to their religious identity are being persecuted in in these three countries
    Those against CAA are are basically religious fanacits(जिहादी) as they want that non muslims in these countries should convert to islam
    And they don't believe that any one other than a muslims should have any right to life
    And while the Rohingyas should be given asiyalam in India but non muslims who are perscicuted in these muslim countries should not be given citizenship in india
    They believe in muslim *umma* wherein evey muslim of any country of the world is their brothers and all the non believers (of islam) who do not believe in their God are *वजिबुल कतल*(their murdered is justified) hence their religious perscicution in pakistan bangladesh and afganistan is justified and they should not be given citizenship in india
    They feel non muslims don't have any rights and are a lessser human being
    Whatever be the logics that they have invented to protest against the CAA but this जिहादी agenda was the only motivation for their protest against the CAA

  • @raahinyapratapsingh1629
    @raahinyapratapsingh1629 2 ปีที่แล้ว

    Rights under the constitution are for citizen and not for the illigal migrants

  • @tirumaleshmani8618
    @tirumaleshmani8618 4 ปีที่แล้ว

    Individual heroics doesn't matter as nobody knows better than supreme court n it has the power to do so!

  • @aloksen626
    @aloksen626 4 ปีที่แล้ว +1

    Partition happened between India Pakistan, where does Myanmar comes from here?

    • @sagarvijayendra8683
      @sagarvijayendra8683 4 ปีที่แล้ว

      Ask this question also-why does Afghanistan come in this law

  • @vishwamohini9714
    @vishwamohini9714 3 ปีที่แล้ว +1

    You all need to watch J. Sai Deepak.

  • @kumarapuramsathyamoorthy4730
    @kumarapuramsathyamoorthy4730 4 ปีที่แล้ว

    Bona fide citizens of India should not b harassed.Also many poor, migrant persons etc wil not b having documents which will create problems.Also birth certificates r issued only some 40 / 50 yrs back.Hon.Court hv to examine how CAA affects Bona fide muslim citizens of our country.

  • @MrPitch804
    @MrPitch804 4 ปีที่แล้ว

    Shurit has alsi explained the reasonably conditions about this act

  • @manubhatt3
    @manubhatt3 4 ปีที่แล้ว

    That is right - Not everybody is situated equally!
    The minorities and muslims in neighboring countries are not situated equally!

  • @kumarapuramsathyamoorthy4730
    @kumarapuramsathyamoorthy4730 4 ปีที่แล้ว

    U mean to say that Bangladesi muslim infiltrators & Rohingias who killed Burma Police hv to b accommodated in our country.what a non-sense.

  • @SudhirDudeja
    @SudhirDudeja 4 ปีที่แล้ว

    I come from family who came in 1947, we never asked for India we never ask to label us Hindu, many people was living peacefully but this partition slaughtered my clan (punjabi and sindhi), now people who still lives there are still surfing because of your shit so that should be fundamental right for those people to come here at anytime.
    Same goes for Muslim and those Hindu doesn’t feel good in India than they should have rights to go Bangladesh and Pakistan.

  • @madhusudhangopal8723
    @madhusudhangopal8723 4 ปีที่แล้ว +1

    #isupportCAA

  • @srinivasab6185
    @srinivasab6185 4 ปีที่แล้ว

    Sir,
    Can you explain the "equal rights for all inside India"

  • @Rehaanmc
    @Rehaanmc 4 ปีที่แล้ว

    If this is so why supreme court is just pushing it off.

  • @neetumehta158
    @neetumehta158 4 ปีที่แล้ว +3

    Still supreme Court will not do anything.... everything is possible in fascism

  • @RA-pf2mt
    @RA-pf2mt 4 ปีที่แล้ว

    Persecuted minority in three countries could be given Indian citizenship without Amending Indian citizenship Act..Feku want to polarize the country ...

  • @cpkatari
    @cpkatari 4 ปีที่แล้ว +5

    well explained...but ..bhakth log should have little patience to listen and understand...but...what to do simply they follow nazi modi and nazi shah....

  • @RohithGottam-ls8ei
    @RohithGottam-ls8ei 7 หลายเดือนก่อน

    When countries(from which we get our identity) themselves formed based on religion, what this guy is talking about?

  • @7Talks
    @7Talks 4 ปีที่แล้ว

    As school, colleges, offices etc. Maintain register to monitor their people, why can't a nation do it ?
    Watch NRC with simpl language
    th-cam.com/video/FanZAAjxMYo/w-d-xo.html
    NRC should be implemented all over India, Nation needs it's own register to know who are Indian citizens and those are illegal immigrants.
    Jai Hind

  • @hamidalai8515
    @hamidalai8515 4 ปีที่แล้ว +2

    Thanks for explaining the CCA

    • @salmankhurshid425
      @salmankhurshid425 4 ปีที่แล้ว

      its CAA

    • @salmankhurshid425
      @salmankhurshid425 4 ปีที่แล้ว +2

      @sitakanta pattnaik apne IT cell ke head ko smjhao jakr poora bhakt CCA hi trend kra diya gau moot ke nashe me

  • @parag803
    @parag803 4 ปีที่แล้ว

    Discrimination is when only Muslims are allowed to have more than 1 wife and many childrens, isn't it form of discrimination. And if Muslims all over the world start respecting other religions, these things will not happen.

  • @nakulsri242
    @nakulsri242 4 ปีที่แล้ว

    Thank you sir

  • @pankajbisht77
    @pankajbisht77 4 ปีที่แล้ว

    आंखो में आंसु भरे,
    होठो पर ईश्वर का नाम लिए,
    भारत भूमि पर आ पाया हूं मैं,
    आज आजाद हो पाया हूं मैं।
    था मै भारत में ही १९५७ से पहले,
    फिर अचानक जाने क्या हुआ,
    जहां मै पैदा हुआ पला बढ़ा,
    वो अब पाकिस्ता हुआ,
    हिनदुस्तान हमारा हमसे दूर हो गया,
    रहे हम यहां गुलाम बन,
    आजादी का सपना फिर चुर हो गया,
    दिल में फिर आजादी की आस लिए आया हूं मैं,
    आज आजाद हो पाया हूं मैं।।
    ना बेटियां मेरी सुरक्षित थी,
    ना मेरा धर्म सुरक्षित था,
    था तो बस डर का साया,
    जो हर पल में अंकीत था,
    ना गुरु नानक मेरे थे,
    ना ही भगवान मेरा था,
    था तो बस जबरन धर्म परिवर्तन का दबाव,
    वरना हर गुनाह हर इल्जाम मेरा था,
    अब यहां आके इष्ट को पूज पाया हूं मैं,
    आज आजाद हो पाया हूं मैं।।

  • @naman8704
    @naman8704 3 ปีที่แล้ว +1

    Well this guy got brutally destroyed by Dr salve on India today 🤣🤣🤣

  • @Rehaanmc
    @Rehaanmc 4 ปีที่แล้ว

    Our country is on a pathetic situation. Does Supreme court has the right to interfere and solve this issue amicably.

  • @akashverma5756
    @akashverma5756 4 ปีที่แล้ว

    Also explain Article 15 which cantradicts Article 14. If CAA is not constitutional, Reservation should also be unconstitutional.

  • @anukreddi
    @anukreddi 4 ปีที่แล้ว

    Muslims, if they are indeed illegal immigrants from these three countries, aren't situated equally, if they are from countries which have non-secular constitutions which treat them preferentially, and others irrespective of whether they are illegal immigrants or not, aren't situated equally because they will be discriminated in those countries. It is a reasonable classification.

  • @thehistorypost2699
    @thehistorypost2699 4 ปีที่แล้ว +1

    Please make a similar video on the Unconstituitional removal of Article 370 and 35A and the birfurcation of J&K state into Union Territory .

    • @blackmirrah5375
      @blackmirrah5375 4 ปีที่แล้ว

      Gone for good... Kashmir won't become a sh*ria sh*thole

  • @kumaramiya4488
    @kumaramiya4488 4 ปีที่แล้ว +1

    there should be Hindi version of this video as well because the so-called "andh bkakts" will not understand what you said in this video.

  • @mvvicky0589
    @mvvicky0589 4 ปีที่แล้ว +1

    I am sorry to say, all your arguments are factually wrong. Please listen to Harish Salve's explanation on reasonable restriction. Secularism is not part of basic structure, please refer to previous judgement. Their are so many this that are wrong, i don't have patients to type and explain to you.

  • @pranaysonkar4616
    @pranaysonkar4616 3 ปีที่แล้ว

    One sided story. Why is SC not removing it?

  • @firozosman
    @firozosman 4 ปีที่แล้ว +5

    I am impressed with this young man's clarity of thought and expression.

    • @vishwamohini9714
      @vishwamohini9714 3 ปีที่แล้ว +1

      You'll be impressed even more if you watch J. Sai Deepak's CAA related videos. :)

    • @firozosman
      @firozosman 3 ปีที่แล้ว +1

      @@vishwamohini9714 whoops. Sorry. I heard him enough times. Just another extroverted loud-mouth who keeps repeating his own perspectives and keeps blaring the same arguments. Keeps bhakts happy. He's smart, just like most of Hitler's close aides.
      Wish he had taken the secular, patriot route, would've been more inclusive and tolerant.

  • @Rahulkumar-cm2pn
    @Rahulkumar-cm2pn 4 ปีที่แล้ว

    Supreme Court must intervine

  • @Lets_win
    @Lets_win ปีที่แล้ว

    kindly dont misguide people with article 14...rule is for citizens of indian

  • @nikhilsharma7
    @nikhilsharma7 4 ปีที่แล้ว

    Facts: The selected countries have been as offical state religion.
    Sri Lanka has not declared itself as religious state. There is difference in majority atrocity and state back legal violence.
    Reservation: people based on community have different conditions even at same social setup, like religious persecution, both are used as intelligible deferentia.
    Why not other Minority : Myanmar was part of empire but never Indian principality. They have diff ethnic background, Seven sisters decided to join later they very well could have stayed out.

    • @blackmirrah5375
      @blackmirrah5375 4 ปีที่แล้ว

      Wait... Bd id also a sh*ria sh*thole? I thought it's a democracy

  • @geniusplace494
    @geniusplace494 4 ปีที่แล้ว

    Please translate this video in hindi so that all people understand easily

  • @alineday5416
    @alineday5416 4 ปีที่แล้ว

    #if gov #includes #sl,mya,nep,bhu..#can quint accept it?

  • @ashishjoseph3522
    @ashishjoseph3522 4 ปีที่แล้ว

    If we stare a woman for more than 12 seconds then she can send us to prison for that - Please fight on these logics also.
    The only thing you are depending upon is loopholes in a law. Loopholes are there in every law, but the state must move ahead for greater good.

  • @ramanand8111
    @ramanand8111 4 ปีที่แล้ว

    Caa without nrc I don't think it is wrong barring some objection

  • @Soulfulreader786
    @Soulfulreader786 4 ปีที่แล้ว +1

    But it is so much difficlut for chaiwala and tadipar to understand.. Still they have the audacity to provoke raga to debate on this topic

    • @blackmirrah5375
      @blackmirrah5375 4 ปีที่แล้ว

      Raga is good.. Way better then bigkt owaish*t..

  • @proudtobeanindian4422
    @proudtobeanindian4422 4 ปีที่แล้ว

    What was the base for the formation of Government (BJP)? Answer is Election
    Who was eligible for voting? Answer is An Adult Indian Citizen
    What was the eligible document for voting? Answer is Voter ID
    Then How come Voter ID does not proves Indian Citizenship.. If it doesn't, then first BJP to be dissolved.
    I BELIEVE SUPREME COURT WILL ALSO THINK OF ABOVE !!!

  • @SaiPavanKumar19
    @SaiPavanKumar19 4 ปีที่แล้ว +2

    CAA is constitutional
    Article 15 will not apply to non citizens of India
    However article 14 applies but both persecutor and victim can not taken on same ground
    Which means unequals can not be treated equally
    It will not hurt secularism because state is not asking people to convert but it gives you religious freedom to illegal migrants

  • @antimphughat9920
    @antimphughat9920 4 ปีที่แล้ว +1

    Be chutiye article 14 indian citizens pe apply hota h, nd i am questioning ur law degree, u know the value of parliament in indian constitution? Who passed CAA nd who NRC?

    • @blackmirrah5375
      @blackmirrah5375 4 ปีที่แล้ว

      Hahah... Owaishit ka bhakt hai ye madarsa media..

    • @blackmirrah5375
      @blackmirrah5375 4 ปีที่แล้ว

      No difference between godi media and madersa media both are running propaganda

  • @pramitchakraborty70
    @pramitchakraborty70 4 ปีที่แล้ว

    No sir. Your argument is faulty on many accounts. CAA doesn't change the definition of Illigal migrants. I am not going to your other points as it only culminates into legal cacophony. Just point out where are Asyllum Laws which have been changed

  • @mirzamuzammil6408
    @mirzamuzammil6408 4 ปีที่แล้ว

    Make a video in Hindi also.