Citizenship Amendment Act (CAA) under Supreme Court scrutiny 

The Supreme Court will examine whether the Citizenship Amendment Act (CAA) is constitutional.

By Thulasi Ram, December 18, 2019 18:24 IST

In response to nearly 60 pleas, including Congress MP Jairam Ramesh, the Supreme Court constituted a panel to examine the CAA. It will examine whether the Act was constitutionally viable; the hearings had slated for January 22, 2020. As such, there is a possibility that the act itself may get struck down by the judiciary. The last time this famously happened was in the case of Section 370, ('unnatural sex acts' ) which the judiciary struck down as being in violation of the constitutional right to privacy. 

 
The Act will get examined by a three-judge panel, comprised of Chief Justice SA Bobde, Justice Surya Kant, and Justice BR Gavai. 
 
The assertion by the top court led many to hope that the Act's implementation could have stayed until a decision had reached by the judiciary. However, the Advocate General asserted that that would not be possible since there was neither constitutional allowance nor judicial precedent for an Act to have stayed once it had passed in parliament, even if it is under review in Court. 
 
Nonetheless, the decision had welcomed by many individuals and organizations. It has high hopes that the Court's decision will not only strike down the law as unconstitutional but also move towards appeasing protesters, reinstating peace and normalcy in the country.


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