The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.

Search. A search under Fourth Amendment occurs when a governmental employee or agent of the government violates an individual’s reasonable expectation of privacy.

Riley v. California, 573 U.S. 373 (2014), is a landmark United States Supreme Court case in which the Court unanimously held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional.

According to the Supreme Court in Rakas v. Illinois (1978), the “expectation of privacy must have a source outside of the Fourth Amendment either by reference to concepts of real or personal property law or to understandings that are recognized and permitted by society.”

Police can search automobiles without warrants, they can detain people on the street without them, and they can always search or seize in an emergency without going to a judge. The way that the Fourth Amendment most commonly is put into practice is in criminal proceedings.

The Fourth Amendment to the U.S. Constitution places limits on the power of the police to make arrests, search people and their property, and seize objects and contraband (such as illegal drugs or weapons). These limits are the bedrock of search-and-seizure law.

One Hundred and Fourth Amendment of the Constitution of India

As of January 2020, there have been 104 amendments of the Constitution of India since it was first enacted in 1950. There are three types of amendments to the Constitution of India of which second and third type of amendments are governed by Article 368.

The Constitution (One Hundred and Twenty-Sixth Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister of Law and Justice, Mr. Ravi Shankar Prasad, on December 9, 2019. The Bill amends provisions related to reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs).

It’s been suggested that the Citizenship (Amendment) Act (CAA) goes against Article 14 of the Constitution and that there are enough provisions in the unamended Citizenship Act to provide citizenship to persecuted minorities. The CAA is perfectly legal and Constitutional.

Officially known as The Constitution (One Hundred and First Amendment) Act, 2016, this amendment introduced a national Goods and Services Tax (GST) in India from 1 July 2017….One Hundred and First Amendment of the Constitution of India.

CAA is applicable for illegal migrants residing in India and does not apply to any Indian citizen at all. NRC consists of a record of citizens of India only excluding others.

Under the 2019 amendment, migrants who had entered India by 31 December 2014, and had suffered “religious persecution or fear of religious persecution” in their country of origin, were made eligible for citizenship. …

No matter which way you look at it, the CAA is a manifestly perverse piece of legislation. It creates an arbitrary distinction between illegal immigrants on the basis of their religion – by granting benefits to some communities while entirely excluding Muslims.

Home Minister Amit Shah had said last year that the rules will be framed once the vaccination drive is completed. CAA provides citizenship to minorities from six communities including Hindus, Sikhs, Jains, Parsis, Buddhists and Christians, from neighbouring Pakistan, Afghanistan and Bangladesh.

Notified on December 12, 2019, the Act had come into force on January 10, 2020. The government also clarified in the Rajya Sabha Tuesday that no decision has been taken on a nationwide National Register of Citizens (NRC) yet. Union Home Minister Amit Shah had earlier said the NRC would follow the CAA.

Dece

No. The CAA does not affect any Indian citizens, including Muslim citizens. 5. How does it benefit Hindu, Sikh, Jain, Buddhist, Parsi and Christian foreigners hailing from Pakistan, Bangladesh, and Afghanistan?

In short, the CAA introduces a path to citizenship for illegal migrants from certain religious and national backgrounds. Its intended aim is to aid persons fleeing religious persecution. The CAA doesn’t apply to tribal areas in Assam and other North Eastern States.