‘Fail To Understand Why CAA Is Discriminatory’: Renowned Lawyer Harish Salve

Renowned Supreme Court advocate Harish Salve said that he fails to understand why the Citizenship Amendment Act (CAA) is being "condemned as discriminatory”, reports Moneycontrol.

Notably, Salve represented India at the International Court of Justice in the Kulbhushan Jadhav case and got the verdict in favour of India.

Protest against CAA turned violent in North-East part of the national capital which has so far taken lives of over 50 people.

Expressing his opinion through a editorial piece in The Times Of India titled ‘CAA is necessary’, Salve has argued that the CAA is neither discriminatory nor unconstitutional. Salve said, “Those who enter a country without its permission are illegal citizens and are liable to be deported.”

He further added, “I fail to understand how a law which is designed to confer the benefit on an identified class of persons, and which identification is based on a rational criterion, can be condemned as being discriminatory on the ground that the legislation could have created a wider class.”

Salve, a noted lawyer and a constitutional expert, stressed that the principle of equality does not mean that every law must have universal application. This is the reason why, the advocate argues, even the Supreme Court has repeatedly refused to interfere and left it for the government to decide which policy is best for India.

Salve also questioned, “Do we really need proof that minorities are persecuted in these Islamic republics? How can Parliament be faulted for coming to a conclusion that such minorities in the three named neighbours need to be protected?”

He further clarified that the Indian Constitution confers special rights on religious minorities and the ambit of the law was broadened to include Muslims.

When he was asked that the act is an attempt of the government to get rid of Muslims in India, Salve clarified, “The Prime Minister has denied it.” However, he also said if any procedure is put in place for Muslims to prove their citizenship then that procedure would be unconstitutional.