CLAT Exam  >  CLAT Questions  >  What was the primary argument presented by Ju... Start Learning for Free
What was the primary argument presented by Justice Pardiwala in his dissent regarding Section 6A?
  • a)
    It effectively curbs illegal immigration.
  • b)
    It is inconsistent with constitutional principles.
  • c)
    It promotes cultural coexistence.
  • d)
    It grants voting rights to all migrants.
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
What was the primary argument presented by Justice Pardiwala in his di...
Justice Pardiwala argued that Section 6A is unconstitutional primarily because it has become inconsistent with constitutional principles, particularly in its failure to effectively curb illegal immigration. He noted that the lack of a sunset clause could encourage ongoing illegal immigration, and he criticized the reliance on state intervention for the identification of foreigners. This dissent reflects concerns about the practical implications of citizenship laws and their alignment with the broader goals of the Citizenship Act. Understanding these arguments is essential for comprehending the complexities of immigration law and its impact on society.
View all questions of this test
Explore Courses for CLAT exam

Similar CLAT Doubts

The demand for speedy retributive justice in the recent heinous crime done against a veterinarian has brought into light the question of extra-constitutional killings. The public sentiments, political demand of public lynching of rapists inter-alia have raised the debate whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measures of retributive justice to bring instant and speedy justice to the victim.Retributive justice is a system of criminal justice based on thepunishment of offenders rather than on rehabilitation where as in REFORMATIVE THEORY the object of punishment should be the reform of the criminal, through the method of individualization. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being.From protests on the ground, to the commentary on social media, to MPs in Parliament, the demand for the instant killing of the accused from all corners created the public opinion for theabandonment of the rule of lawthat appears to have led to the incident.Justice in any civilised society is not just about retribution, but also about deterrence, and in less serious crimes,rehabilitationof the offenders.There is a procedure prescribed by the law for criminal investigation which is embedded in constitutional principles.Article21of the Constitution (which is fundamental and non-derogabl e) states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.Also in theSalwa Judum case in 2011a core constitutional precept was set out that in modern constitutionalism no wielder of power can be allowed to claim the right to perpetrate state’s violence against anyone. This is also the touchstone of the constitutionally prescribed rule of law(Article 14).Hence,it is the responsibility of the police, being the officers of government, to follow the Constitutional principles and uphold the Right to Lifeof every individual whether an innocent one or a criminal.According toDr. B.R. Ambedkar,the pathways of justice are not linear nor without obstacles. But we have, as a people, chosen the route of democracy and the Constitution, so we really have no option but to school ourselves in constitutional morality that with time must replace public moralityQ.As per author the extrajudicial killing of those 4 convicts was a form of

The demand for speedy retributive justice in the recent heinous crime done against a veterinarian has brought into light the question of extra-constitutional killings. The public sentiments, political demand of public lynching of rapists inter-alia have raised the debate whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measures of retributive justice to bring instant and speedy justice to the victim.Retributive justice is a system of criminal justice based on thepunishment of offenders rather than on rehabilitation where as in REFORMATIVE THEORY the object of punishment should be the reform of the criminal, through the method of individualization. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being.From protests on the ground, to the commentary on social media, to MPs in Parliament, the demand for the instant killing of the accused from all corners created the public opinion for theabandonment of the rule of lawthat appears to have led to the incident.Justice in any civilised society is not just about retribution, but also about deterrence, and in less serious crimes,rehabilitationof the offenders.There is a procedure prescribed by the law for criminal investigation which is embedded in constitutional principles.Article21of the Constitution (which is fundamental and non-derogabl e) states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.Also in theSalwa Judum case in 2011a core constitutional precept was set out that in modern constitutionalism no wielder of power can be allowed to claim the right to perpetrate state’s violence against anyone. This is also the touchstone of the constitutionally prescribed rule of law(Article 14).Hence,it is the responsibility of the police, being the officers of government, to follow the Constitutional principles and uphold the Right to Lifeof every individual whether an innocent one or a criminal.According toDr. B.R. Ambedkar,the pathways of justice are not linear nor without obstacles. But we have, as a people, chosen the route of democracy and the Constitution, so we really have no option but to school ourselves in constitutional morality that with time must replace public moralityQ.What does the author mean by Retributive Justice?

The Constitution which lays down the basic structure of a nation's polity is built on the foundations of certain fundamental values. The vision of socio-economic change through the Constitution is reflected in its lofty Preamble.The Preamble expresses the ideals and aspirations of a renascent India. By the year 1949, the Constituent Assembly had completed the drafting of the Fundamental Rights Chapter. Fundamental Rights are constitutional guarantees for the human rights of our people. These rights were one of the persistent demands of our leaders throughout the freedom struggle. The founding fathers were conscious of the fact that mere political democracy, i.e., getting the right to vote once in five years or so was meaningless unless it was accompanied by social and economic democracy. Dr. Ambedkar had said:"We do not want merely to lay down a mechanism to enable people to come and capture power. The Constitution also wishes to lay down an ideal before those who would be forming the government. That ideal is of economic democracy."Our founding fathers, however, were far-sighted people therefore they consolidated the principles of good governance as Directive Principles contradistinguished from issues of rights, government and politics.That is how the vision of our founding fathers and the aims and objectives which they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental Rights and the Directive Principles. These three may be described as the soul of the Constitution and the testament of the founding fathers to the succeeding generations together with the later Part on Fundamental Duties.Q. Directive Principles of State Policy is non-justiciable and shall not be enforceable by any court of law.Shreeyam works as a peon in a government department of state and is paid a salary which is less than another peon employed in a different department of the same state though both have similar duties to discharge and both possess similar qualifications. Shreeyam has filed a writ petition claiming the same salary as the other peon under the principle of equal pay for equal work (which is a Directive Principle of State Policy) and his Fundamental Right to equality and equality of opportunity in matters relating to employment.

The Constitution which lays down the basic structure of a nation's polity is built on the foundations of certain fundamental values. The vision of socio-economic change through the Constitution is reflected in its lofty Preamble. The Preamble expresses the ideals and aspirations of a renascent India. By the year 1949, the Constituent Assembly had completed the drafting of the Fundamental Rights Chapter. Fundamental Rights are constitutional guarantees for the human rights of our people. These rights were one of the persistent demands of our leaders throughout the freedom struggle. The founding fathers were conscious of the fact that mere political democracy, i.e., getting the right to vote once in five years or so was meaningless unless it was accompanied by social and economic democracy. Dr. Ambedkar had said:"We do not want merely to lay down a mechanism to enable people to come and capture power. The Constitution also wishes to lay down an ideal before those who would be forming the government. That ideal is of economic democracy.""Our founding fathers, however, were far-sighted people therefore they consolidated the principles of good governance as Directive Principles contradistinguished from issues of rights, government and politics.That is how the vision of our founding fathers and the aims and objectives which they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental Rights and the Directive Principles. These three may be described as the soul of the Constitution and the testament of the founding fathers to the succeeding generations together with the later Part on Fundamental Duties.Directive Principles of State Policy is non-justiciable and shall not be enforceable by any court of law. Shreeyam works as a peon in a government department of state and is paid a salary which is less than another peon employed in a different department of the same state though both have similar duties to discharge and both possess similar qualifications. Shreeyam has filed a writ petition claiming the same salary as the other peon under the principle of equal pay for equal work (which is a Directive Principle of State Policy) and his Fundamental Right to equality and equality of opportunity in matters relating to employment.

The Constitution which lays down the basic structure of a nation's polity is built on the foundations of certain fundamental values. The vision of socio-economic change through the Constitution is reflected in its lofty Preamble.The Preamble expresses the ideals and aspirations of a renascent India. By the year 1949, the Constituent Assembly had completed the drafting of the Fundamental Rights Chapter. Fundamental Rights are constitutional guarantees for the human rights of our people. These rights were one of the persistent demands of our leaders throughout the freedom struggle. The founding fathers were conscious of the fact that mere political democracy, i.e., getting the right to vote once in five years or so was meaningless unless it was accompanied by social and economic democracy. Dr. Ambedkar had said:"We do not want merely to lay down a mechanism to enable people to come and capture power. The Constitution also wishes to lay down an ideal before those who would be forming the government. That ideal is of economic democracy."Our founding fathers, however, were far-sighted people therefore they consolidated the principles of good governance as Directive Principles contradistinguished from issues of rights, government and politics.That is how the vision of our founding fathers and the aims and objectives which they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental Rights and the Directive Principles. These three may be described as the soul of the Constitution and the testament of the founding fathers to the succeeding generations together with the later Part on Fundamental Duties.Q. It is fundamental right of every citizen not to be discriminated on the ground of religion, race, sex, place of birth or any of them. However, nothing in the fundamental rights shall prevent the state from making any special provision for women, children or elderly. State of XYZ enacted a law granting reservation of 50% in National Law School XYZ - to the native students scoring more than 75% percent in XII Examination. Based on the essence of the passage, decide whether the move of reservation is constitutional or not

Top Courses for CLAT

What was the primary argument presented by Justice Pardiwala in his dissent regarding Section 6A?a) It effectively curbs illegal immigration.b) It is inconsistent with constitutional principles.c) It promotes cultural coexistence.d) It grants voting rights to all migrants.Correct answer is option 'B'. Can you explain this answer?
Question Description
What was the primary argument presented by Justice Pardiwala in his dissent regarding Section 6A?a) It effectively curbs illegal immigration.b) It is inconsistent with constitutional principles.c) It promotes cultural coexistence.d) It grants voting rights to all migrants.Correct answer is option 'B'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about What was the primary argument presented by Justice Pardiwala in his dissent regarding Section 6A?a) It effectively curbs illegal immigration.b) It is inconsistent with constitutional principles.c) It promotes cultural coexistence.d) It grants voting rights to all migrants.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for What was the primary argument presented by Justice Pardiwala in his dissent regarding Section 6A?a) It effectively curbs illegal immigration.b) It is inconsistent with constitutional principles.c) It promotes cultural coexistence.d) It grants voting rights to all migrants.Correct answer is option 'B'. Can you explain this answer?.
Solutions for What was the primary argument presented by Justice Pardiwala in his dissent regarding Section 6A?a) It effectively curbs illegal immigration.b) It is inconsistent with constitutional principles.c) It promotes cultural coexistence.d) It grants voting rights to all migrants.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of What was the primary argument presented by Justice Pardiwala in his dissent regarding Section 6A?a) It effectively curbs illegal immigration.b) It is inconsistent with constitutional principles.c) It promotes cultural coexistence.d) It grants voting rights to all migrants.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of What was the primary argument presented by Justice Pardiwala in his dissent regarding Section 6A?a) It effectively curbs illegal immigration.b) It is inconsistent with constitutional principles.c) It promotes cultural coexistence.d) It grants voting rights to all migrants.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for What was the primary argument presented by Justice Pardiwala in his dissent regarding Section 6A?a) It effectively curbs illegal immigration.b) It is inconsistent with constitutional principles.c) It promotes cultural coexistence.d) It grants voting rights to all migrants.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of What was the primary argument presented by Justice Pardiwala in his dissent regarding Section 6A?a) It effectively curbs illegal immigration.b) It is inconsistent with constitutional principles.c) It promotes cultural coexistence.d) It grants voting rights to all migrants.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice What was the primary argument presented by Justice Pardiwala in his dissent regarding Section 6A?a) It effectively curbs illegal immigration.b) It is inconsistent with constitutional principles.c) It promotes cultural coexistence.d) It grants voting rights to all migrants.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev