21 June, 2020

Explained: NRC and NPR

NRC
At the end of 2019, Amit Shah announced the deadline for the implementation of the NRC across the country as before 2024 election poll. The nation-wide imposition of NRC had brought terrible chaos among the people of India where a lot of them mix-up NRC with CAA and also many were concerned about proving their Indian identity to the government. 

NRC - National Register of Citizens:

At first, it has to be made clear that NRC and CAA are no way connected to each other and both are separate issues. National Register of Citizens is an exercise to make a record of legal Indian citizens thereby determining illegal migrants and take appropriate actions on them whereas CAA is a legislation Amendment wherein the definition of 'illegal migrants' is being amended/modified. 

09 June, 2020

Citizenship Amendment Act, 2019 - Not Discriminatory - Claims by Government

Citizenship Amendment Act, 2019

The enforcement of the Citizenship Amendment Act, 2019 has set forth protest across the Nation, with many fearing that the Act has been established to cut out Muslims from India and destroying the remarkable secularism of India. Yet others believe that the Amendment has been implemented to aid India in identifying its citizens and has no intention of making any religious classification. 

What exactly is the Citizenship Amendment Act, 2019? 

Citizenship Amendment Act, 2019 was passed to determine the eligible migrants residing in India and to provide them with Indian citizenship. The Act also relaxes the eligibility criteria for migrants to avail Indian Citizenship. The bare text of the Amendment is as follows: 

03 June, 2020

Shrikant Bhalchandra Karulkar and ors Vs. The State of Gujarat, (1994) 5 SCC 459

The following case is a great illustration for the doctrine of territorial nexus and not to mention, is the easiest illustration as well. This is one of the cases where the doctrine applies to other than tax disputes. (land ceiling)

Facts of the case:

Shrikant (the appellant) was holding some agricultural lands in the State of Gujarat and in the other States of India. Gujarat Agricultural Land Ceiling Act, 1960 (hereinafter referred to as the Act) does not allow an individual to hold more agricultural land area than the area prescribed in the Act. The provision stating the rule is reproduced as follows:


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