Category Archives: High Court India

INDIA – Know Your Legal Rights Series (PART 3) – The Constitution of India – CITIZENSHIP

PART II
CITIZENSHIP

5.   Citizenship at the commencement of the Constitution
6.   Rights of citizenship of certain persons who have migrated to India from Pakistan
7.  Rights of citizenship of certain migrants to Pakistan
8.    Rights of citizenship of certain persons of Indian origin residing outside India
9.    Persons voluntarily acquiring citizenship of a foreign State not to be citizens
10.  Continuance of the rights of citizenship
11.  Parliament to regulate the right of citizenship by law

 CITIZENSHIP

(Part II – Citizenship. – Arts. 7 – 11.)

5.  At the commencement of this Constitution, every person who has his domicile in the territory of India and—
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory
of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.

6. Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if—

(a) he or either of his parents or any of his grandparents was born in India as defined in the
Government of India Act, 1935 (as originally enacted); and

(b)  (i) in the case where such person has so migrated before the nineteenth day of July,                                          1948, he has been ordinarily resident in the territory of India since the date of his migration, or  (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:

Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.
Citizenship at the commencement of the Constitution. Rights of citizenship of certain persons who have migrated to India from Pakistan.

7.  Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

8.   Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or
consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

9.  No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

10.  Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

11.  Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

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India – Land of Gurus, Swamis & Swines, all equally guilty of promoting violence & illiteracy. (Part 2) Bal K. Thackeray, a Hindu Extremist, Mass Murderer & Extortionist is dead at the age of 86

The cover page of the magazine The Week, depic...

The cover page of the magazine The Week, depicting Raj Thackeray as Adolf Hitler (Photo credit: Wikipedia)

Bal Thackeray is Dead

Good riddance to bad rubbish

Bal Thackeray, founder of Shiv Sena, a Hindu fundamentalist organization, mass murderer, anti social element & worshiper of Adolf Hitler finally breathed his last on Saturday, November 17, 2012.

Bal Thackeray commanded “respect” just as Adolf Hitler. Both mentally challenged, mass murdering illiterates were “respected” because they were feared and not because they yielded intellectual capacity.

Bal Thackeray and his like are a blot on Indian history, culture, society, the Indian Constitution and the rule of law.

I never liked him or admired him. For he was a violent human being and had no qualms misrepresenting facts to his fellow Shiv Sainiks and people at large.

The State of Maharashtra will never be able to wipe the tears off the faces of people who lost their lives throughout India because of Bal Thackeray and other fundamentalist Hindu political groups who have committed horrible acts against fellow Hindus, Dalits – the lower caste Hindus, journalist, critics, media persons, migrant workers from Southern India & the Muslim minority.

Shiv Sena and its extreme ideology is against the rule of law and UNDEMOCRATIC in every respect.

People like Bal Thackeray and his supporters are neither forgotten by their victims nor forgiven by God, Nature and Humanity.

https://thelargestdemocracy.wordpress.com/2012/09/30/india-land-of-gurus-swamis-swines-all-equally-guilty-of-promoting-violence-illiteracy-part-1/

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INDIA – Know Your Legal Rights Series – (PART 1) – The Constitution of India – THE UNION AND ITS TERRITORY

PART I

THE UNION AND ITS TERRITORY

ARTICLES

1.        Name and territory of the Union

2.       Admission or establishment of new States

2A.   [Repealed.]

3.      Formation of new States and alteration of areas, boundaries or names of existing States

4.      Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental,

          incidental and consequential matters

1.     Name and territory of the Union.—

(1) India, that is Bharat, shall be a Union of States.
(2) The States and the territories thereof shall be as specified in the First Schedule.
(3) The territory of India shall comprise—
(a) the territories of the States;
(b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.

2.      Admission or establishment of new States.—Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
2A. [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty- sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975).

3.        Formation of new States and alteration of areas, boundaries or names of existing States.—Parliament may by law—
(a)  form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:
Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.

3         THE  CONSTITUTION OF INDIA

Explanation I.—In this article, in clauses (a) to (e), “State” includes a Union territory, but in the proviso, “State” does not include a Union territory.

Explanation II. – The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.

4.      Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.—

(1)   Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.

(2)  No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Read the Preamble to India’s Constitution

https://thelargestdemocracy.wordpress.com/2012/08/19/india-know-your-legal-rights-series-part-1-the-constitution-of-india-preamble/

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INDIA – Know Your Legal Rights Series – The Constitution of India – Preamble

English: Stupa at the site where Dr. Bhimrao R...

English: Stupa at the site where Dr. Bhimrao Ramji Ambedkar, the chief architect of the Constitution of India embraced Budhism with 500000 peoples. This stup and the gates are modelled on the ancient Stupa at Sanchi, Madhya Pradesh, India. More on Dr. Ambedkar here en.wikipedia.org/wiki/B._R._Ambedkar (Photo credit: Wikipedia)

THE CONSTITUTION OF INDIA

PREAMBLE

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;
and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Let us educate ourselves on the dangers of fundamentalism in India & around the world.

I am a social activist, who firmly believes in a free democracy, and human rights.

Voting was a lot easier under Adolf Hitler

Voting was a lot easier under Adolf Hitler (Photo credit: tiexano)

My sole objective is to educate the people around the world, especially India, my birthplace, on the rise of government abuses, such as violation of civil rights & the sharp rise in religious fanaticism and right wing movements such as Shiv Sena, a ultra right wing Hindu group which admires & worships ADOLF HITLER. The Government of India (GOI) has done absolutely nothing to curb this menace for the past 50 years.

India has more than 10,000 Hindu and Muslim right wing groups. Each promoting their own dangerous ideology.

Shiv Sena wants to ban everyone from celebrating Valentine’s Day (February 14th). Since, they cannot convince anyone to follow their stupid ideology or share in their dream of  a “Valentine Day Free India” the Shiv Sena took it upon themselves to illegally “policing” the streets, restaurants and bars to enforce their will on the destiny of educated and liberated Indians through acts of violence.

Each of these violent groups work independently and in uni-some to achieve their political goals and objectives through the impetus of fear, intimidation, kidnapping, extortion, rape, murder and so on.

If we as a human race continue to tolerate, dismiss or simply turn a blind eye to these injustices, free democracies such as India will cease to exist as democracies.

The rule of law, freedom of expression, assembly, speech, & religion, among many other freedoms guaranteed by the Constitution of the Republic will no longer serve as the protector of its citizens.

WE must unite & fight criminals, politicians, & internal enemies of the state who hold positions of power in all three branches of our government.

WE must stand united if we want to secure the future of our country. This task is of paramount importance & I urge every man, woman & child to join me. ~ Thank you

Here’s a poster of Shiv Sena protesting the celebration of Valentine’s Day on February 14.

Sskolkata (11)

Sskolkata (11) (Photo credit: Wikipedia)

Help transform India – Fight for your Constitutional rights

Wake Up India

Fight for your Constitutional rights, because your Government wants you to be illiterate & subservient

While the majority of India‘s population lives in abject poverty & faces severe malnutrition, shortage of food, water, clothing, low income housingrunning water, electricity, healthcare & education, which forces millions of poverty stricken parents to take desperate measures such as having their 5 & 6 year old children to work as bonded laborers (slaves) in the most appalling conditions and without adequate food, education, shelter or sanitary conditions.

Instead of declaring WAR on the very problems that keep India in absolute mindbogglingly poverty.

The Government of India (GOI) has decided to declare WAR on its citizens by undermining their intelligence and attacking their Constitutional rights.

The Government of India and the selected (not elected) criminals in the Indian parliament in New Delhi cannot stomach the fact that dissent, and a more outspoken citizenry demanding their legal rights, enforcement of laws, equality, due process, accountability and civility from its government (Saarkar) are gathering momentum.

It is only a matter of time before UNITED CITIZENS OF INDIA (Hindus, Muslims, SikhsJains, Christians, Jews and many more) are more likely to bring law and order, civility, accountability and respect to the nation and to its democratic institutions.

A civil revolt of Himalayan proportions is inevitable if Indians get more legal rights, knowledge from the Internet, education and awareness of their region and the world in which they live in. This is the BIGGEST threat to the criminal politicians who want to keep the masses under their thumb.

Curbing free speech, expression and general knowledge only helps the criminal politicians to solidify their positions of power.

WE will not let this happen.

 

Please, click on the link below to find out more & do not forget to share this link with family, friends, acquaintances, and others on the web.

How India is losing its footing on free expression

Author https://thelargestdemocracy.wordpress.com/who-is-the-author-of-thelargestdemocracy-wordpress-com/

 

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Human Rights – Let us all get involved

Click on the link below & spread the news. Together we can make this world a better place.

Human Rights – Let us all get involved.

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