Question will be whether classification between infiltrators and refugees is reasonable: Subhash Kashyap on CAB

Constitution expert Subhash Kashyap, while reacting to the Citizenship (Amendment) Bill (CAB), has said the question will be whether the classification between infiltrators and refugees is reasonable and if that classification is reasonable, then there will be no violation of Article 14.

"Both the sides -- ruling and opposition -- are motivated by their political considerations. Politics has the upper hand. It's not the law and the Constitution but politics. And on the grounds of political conviction, legal arguments are sought to be found on either side. The Constitutional position is that Article 14 guarantees equality before the law," he said while speaking to ANI.

"Several judgements of the Supreme Court have said that reasonable classification is permissible and if the classification is reasonable, then there is no violation of the fundamental right. The question will be whether the classification between infiltrators and refugees is reasonable. If that classification is reasonable, then there will be no violation of Article 14," he added.

Kashyap said that it is the right of every government not to allow illegal migrants.

The Citizenship (Amendment) Bill, 2019, which has been passed by the Lok Sabha, will be introduced in the Rajya Sabha on Wednesday.

It will be tabled in the Upper House at 2 pm by Home Minister Amit Shah.

The Bill, which seeks to give citizenship to refugees from Hindu, Christian, Sikh, Buddhist and Zorastrian communities fleeing religious persecution from Pakistan, Afghanistan and Bangladesh was passed in the Lok Sabha on Monday.

After heated discussions spanning seven hours, the Bill was passed with a majority of 311 votes against 80 in the Lower House where 391 members were present and voted.