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Bill, said: I do not have any qualm to opine that this is a regressive legislation. It is
nothing but a targeted legislation against the minority people of the country. This
amendment is on a very important subject of the country. The meaning of the
Constitution is - Justice, Equality, Liberty and Fraternity. The government is
undermining the Article 14. The concept of citizenship cannot be read in isolation
but has to be read extensively with the Articles enunciated in our Constitution
itself. The amendment goes against the essence of Articles 5, 10, 14 and 15 of the
Constitution of India. It will harm integrity and unity of our country.
SHRI N.K. PREMACHANDRAN: The first point is that this is the first time in
the legislative history of India that in order to acquire the citizenship, one of the
main factors is the religion. Clauses 2 and 6 violate the right to equality
guaranteed under Article 14 of the Constitution as it provides differential
treatment to the illegal migrants on the basis of religion. Article 14 is the heart
and soul of the Fundamental rights. The second point is that the Clauses in the Bill
violate Articles 25 and 26 of the Constitution as the right to religion is applicable
to all the persons including non-citizens. The third point is that the Bill violates the
basic structure and features of the Constitution envisaged in the Preamble of the
Constitution. The Statement of Objects and Reasons is not clear. If it goes to the
court of law, definitely the court will strike it down. Therefore, this House has no
legislative competence to discuss this Bill. Hence, I oppose its introduction.
PROF. SOUGATA RAY: I rise to oppose the introduction of this Bill. Opposing a Bill
is per se suo moto. It does not need any reference to legislative competence.
Article 14 says that the State shall not deny to any person equality before the law.
Now, 'any person' includes 'any community'. If any community is left out of
purview of law then it is violative of the Article 14.
SHRI MANISH TEWARI initiating said: I rise to speak against the Citizenship
Amendment Bill, 2019. This Bill is unconstitutional and is against the ideals of
Baba Saheb Ambedkar. It violates Article 14,15,21, 25 and 26 of our Constitution.
Article 14 ensures equality of every citizen before Indian Law. The basic question
is that when you cannot discriminate on the basis of citizenship, can you
discriminate while giving citizenship. The Bill completely fails on the four norms of
enacting any law that it should be equitable, just, fair and non discriminatory. This
Bill violates the Preamble, fundamental rights and the basic structure of our
Constitution. It is also against the Indian tradition of giving refuge to the people
on humanitarian ground. We are not against giving shelter to refugees but we
want that a holistic refugee bill should be brought-one that should go beyond
religious considerations. I strongly oppose this Bill.