TEXTBOOKS ON THE INDIAN CONSTITUTION state that the crucial test to determine the constitutionality of any legal provision is that all persons subjected to it are treated alike under like circumstances and conditions. The corollary of this test is that equals have to be treated equally and unequals ought not to be treated equally. Thus, Article 14 of the Constitution, which states that the state shall not deny any person equality before the law or equal protection of the laws within the territory of India, forbids discrimination against any class of persons. But it does not bar classification of persons for the purposes of implementing the right of equality guaranteed by it.
For permissible classification, the Constitution lays down two conditions: one, it must be founded on an intelligible differentia, which distinguishes persons or things that are grouped together from those left out of the group; and two, that differentia must have a rational relation to the object sought to be achieved by the statute in question. In other words, there must be a conection between the basis of classification and the object of the Act under consideration.
The CAB seeks to turn this well-recognised principle of the Constitution upside down. Clause (b) under subsection (1) of Section 2 of the Citizenship Act, 1955, defines an “illegal immigrant” as follows:
“‘Illegal immigrant’ means a foreigner who has entered into India (i) without a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf; or (ii) with a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf but remains therein beyond the permitted period of time.”
The CAB inserts a proviso to qualify this definition. The proviso says:
この記事は FRONTLINE の January 3, 2020 版に掲載されています。
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この記事は FRONTLINE の January 3, 2020 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
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How Not To Handle An Epidemic
The lockdowns were meant to buy time to put in place appropriate health measures and contain the coronavirus’ spread, but they have failed to achieve the objective and heaped immense misery on the marginalised sections of society. India is still in the exponential phase of the COVID-19 infection and community transmission is a reality that the government refuses to accept.
Tragedy on foot
As the COVID-19-induced lockdown cuts the ground beneath their feet in Tamil Nadu, thousands of migrant workers are trudging along the highway to the relative safety of their upcountry homes.
Sarpanchs as game changers
Odisha manages to keep COVID-19 well under control because of the strong participation of panchayati raj institutions and the community at the grass-roots level under the leadership of Chief Minister Naveen Patnaik.
Scapegoating China
As the COVID-19 death rate spikes and the economy tanks in the United States, Donald Trump and his advisers target China and the World Health Organisation with an eye to winning the forthcoming presidential election.
New worries
Kerala’s measured approach to the pandemic and lockdown has yielded results. But it still has to grapple with their huge economic impact on its economy, which it feels the Centre’s special financial relief package does little to alleviate.
No love lost for labour
Taking advantage of the lockdown and the inability of workers to organise protests, many State governments introduce sweeping changes to labour laws to the detriment of workers on the pretext of reviving production and boosting the economy.
Capital's Malthusian moment
In a world that needs substantial reorienting of production and distribution, Indian capital is resorting to a militant form of moribund neoliberalism to overcome its current crisis. In this pursuit of profit, it is ready and willing to throw into mortal peril millions whom it adjudicates as not worth their means—an admixture of social Darwinism born of capital’s avarice and brutalism spawned by Hindutva. .
Understanding migration
When governments and their plans are found to be blatantly wanting in addressing reverse migration, exercises such as the Ekta Parishad’s survey of migrant workers throughout India can be useful to work out creative long-lasting solutions.
Waiting for Jabalpur moment
The Supreme Court’s role in ensuring executive accountability during the ongoing lockdown leaves much to be desired. Standing in shining contrast is the record of some High Courts.
An empty package
The Modi regime, which has been unable to control the COVID-19 infection, restore economic activity and provide relief to millions exposed to starvation, trains its sights on Indian democracy, making use of the panic generated by fear and a lockdown that forecloses paths of resistance.
