Posts

Showing posts with the label Harish Salve

Thoughts on the Citizenship Amendment Bill

Image
Article 14 of the Indian Constitution deals with equality before law. It states " The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth ." This does not mean that a classification or division cannot be made amongst the people in the process of making any law. We can, for example, make a law for only for the Hindus, like the Hindu Undivided Family (HUF) Act and make it not applicable to a Christian. Article 14 does not allow what is called 'Class legislation' - which means that you cannot apply the HUF Act to all Hindus who are having five children and not otherwise. While presenting the Citizenship Amendment Act in the Loka Sabha, Home Minister declared that the classification or distinction made amongst the people for the purpose of the bill is - paraphrasing him - "Religiously persecu