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Government of India Act, 1935 (as originally enacted); and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.

India – Land of Gurus, Swamis & Swines, all equally guilty of promoting violence & illiteracy. (Part 3) Democracy Betrayed – The Rise of Bal Thackeray, Shiv Sena & the transformation of India from a Democratic to a Theocratic State

The Venomous Invertebrates Who Live Among Us

A Betrayal of the World’s Largest Democracy

Bal Thackeray the bloodsucking snake who spread his venom through Indian Society is dead, or at least that’s what they say. But for me he is very much alive, not physically of course, but through his dark ideology of snatching away people’s dignity through acts of violence, intimidation and unlawful behavior.

India and fellow citizens of Mumbai will NEED to UNITE and fight back to rightly claim that which belongs to them. Namely, their dignity, peace of mind, and last but not the least their Constitutional Rights guaranteed by the Constitution of India.

Bal Thackeray was nothing but POISON. He was NOT an intellectual person at all. He was and remains nothing but a violent thug and MASS MURDERER just like his idol Adolf Hitler, the Nazi leader of Germany.

His right wing political party the Shiv Sena is nothing more than a group of intolerant, intellectually challenged bigots, thugs and arsonist who think they are above the law of the land. They were only successful in consolidating their power by gaining support and following of like minded people, namely the Marathi speaking people of Maharashtra and neighboring states.

The entire state of Maharashtra and Mumbai its capital and commercial nerve center of the country has been hijacked by the Shiv Sena and their heinous crimes in the name of Hindu religion. The Shiv Sena has divided and ruled and conquered through the impetus of fear and violence.

Decades ago they vented their anger against the Tamils and South Indian migrant workers who came to Mumbai for education, commerce and employment.

Many South Indians did get jobs and stayed ahead of the native Marathi Manoos because they were qualified, hard working and intelligent. On the other hand the Marathi speakers were not educated enough and those who were educated had a very poor command or understanding of the English language which was and still is the universal language in the banking, business, legal and commercial fields / sectors in Mumbai.

Violence was the only language these animals spoke or understood. Later, the Shiv Sena found a new enemy the Gujarati, Jains and Marwaris of Mumbai (f/k/a Bombay), they too faced the same treatment. Shiv Sena extorted millions of rupees every year from industrialist, businessmen and the film industry.

While the politicians, police departments, and many more received a piece of the action. The Marathi speaking citizens of Maharashtra state had accomplished their mission of taking over Mumbai, the golden goose of the country by committing every unlawful act known to humankind. The judiciary was nothing but a puppet and corrupt to the core.

Honest citizens who complained or addressed their grievances to the police found themselves implicated in false police cases, evidence was fabricated and witnesses harassed, many were forced to make false confessions or recant their confessions.

Acts of intimidation, harassment of women and children were routinely carried out by Shiv Sainiks and the police force.

These heinous acts are still carried out in the name of “Aamchi Mumbai“, “Hindu Raj“, “Hindutva” and the “Saffron flag” to this day.

In Maharashtra the Marathi speakers are a majority and their violent acts are encouraged and supported by the Police, Intelligence Bureau (IB) and other state and central intelligence agencies. This has been the case for the past 50 years in Mumbai (Bombay).

The Maharashtra State police force, Mumbai City Police, Intelligence Bureau (IB) and every politician in the past 50 years has been sleeping in the bed made by the Shiv Sena, the Rashtriya Swayamsevak Sangh (RSS), the Hindu Mahasabha, Bajrang Dal, an affiliate of the RSS and other militant Hindu groups and organizations.

We all remember Sadhvi Pragya Singh Thakur, a Madhya Pradesh-based Hindu nun with deep links to the Hindutva movement,  Sudhakar Dwivedi, and a serving Indian Army Lieutenant Colonel, Shrikant Prasad Purohit, all linked to Abhinav Bharat.

Abhinav Bharat was disguised as an educational trust with Himani Savarkar as its President.

Abhinav Bharat’s long term goal was to overthrow the Indian state and replace it with a totalitarian, theocratic order.

A ‘draft constitution’ spoke of a single-party system, presided over by a leader who “shall be followed at all levels without questioning the authority.”  It called for the creation of an “academy of indoctrinization [sic]”.

The concluding comment was stark: “People whose ideas are detrimental to Hindu Rashtra should be killed.”

Lieutenant Colonel, Shrikant Prasad Purohit received lessons in Hindutva politics at a class for Short Service Commission officer-aspirants at the Bhonsala Military School in Nashik.

The Bhonsala Military School was founded in 1937 by B.S. Moonje, the controversial school drew on fascist pedagogical practices the Hindutva ideologue encountered on a visit to Europe.  Abhinav Bharat held regular meetings on the premises of the Bhonsala Military School.

It may surprise many Indians but from the outset Abhinav Bharat’s  goal to overthrow the Indian Democratic state and establishing a totalitarian theocracy was an open secret at Bhonsala Military School and in some other quarters.

The movement was named Abhinav Bharat after a terrorist group set up by Hindutva militants to fight the British colonials.

Himani Savarkar was the the President of Abhinav Bharat, she is the grandniece of Vinayak Damodar Savarkar, the father of the Hindutva movement and the daughter of Gopal Godse, the brother of  Mahatma Gandhi‘s assassin – Nathuram Godse.

One could say the “apple does not fall far from the tree”. Would you agree?

Related articles  (Copy-Paste links in your browser)

• http://www.bbc.co.uk/news/world-asia-india-20390081

• http://www.thehindu.com/opinion/op-ed/why-i-cant-pay-tribute-to-thackeray/article4108839.ece

• http://mysistereileen.org/2012/11/19/bal-thackeray-hindutva-fanaticsm-oops-fascism-and-i/

• http://www.thehindu.com/news/states/other-states/mumbai-shuts-down-due-to-fear-not-respect/article4111814.ece

• Subhash Gatade, Godse’s Children: Hindutva Terror in India (2011) ISBN 81-7221-052-3 or ISBN 978-81-7221-052-6

• Subhash Gatade, The Saffron Condition: Politics of Repression and Exclusion in Neoliberal India ISBN 978-81-8878-975-7

• http://www.nytimes.com/2012/11/21/world/asia/india-police-arrest-student-over-facebook-post.html?_r=0

• http://www.huffingtonpost.com/2012/11/17/hindu-extremist-leader-ba_0_n_2149960.html

• http://www.thehindu.com/opinion/op-ed/an-authentic-indian-fascism/article4112448.ece

• Shiv Sena leader Bal Thackeray dies (91live.in)

• Leader who brought ethnic politics to Mumbai melting pot (thehindu.com)

• ‘Bal Thackeray was like a ray of hope and support for the ordinary Maharashtrian’ – Times of India (timesofindia.indiatimes.com)

• India Ink: Balasaheb K. Thackeray, a Look Back (india.blogs.nytimes.com)

• Mumbai’s Hindu-extremist tiger has been laid to rest, but not his divisive ideas (theglobeandmail.com)

Author’s thoughts on law, society & humanity in India.

India Divided (Photo credit: Earthworm)

 

 

 

“Politicians are nothing but criminals, the true threat to India comes from within its borders”.

            Author ~ https://www.thelargestdemocracy.wordpress.com                                                                  

Related articles

• India ‘censoring’ maps: Economist (thehindu.com)
• Being Indian. Being Plural. (blogofreflections.wordpress.com)
• Maitreya Channels in India for the first time with his Channel Margaret McElroy (prweb.com)
• Help transform India – Fight for your Constitutional rights (thelargestdemocracy.wordpress.com)
• Human Rights – Let us all get involved (thelargestdemocracy.wordpress.com)
• A humble appeal to my fellow Indians (thelargestdemocracy.wordpress.com)

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/

Related articles

• Court provides mechanism for implementation of guidelines (thehindu.com)
• whether the High Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, can direct the Central Bureau of Investigation (for short “the CBI”), established under the Delhi Special Police Establishment Act, 1946 (for short “th (advocatemmmohan.wordpress.com)
• Why I can’t pay tribute to Thackeray (justicekatju.blogspot.com)
• #India- Supreme Court issues directions to curb ‘eve teasing”#VAW #mustshare #goodnews (kractivist.wordpress.com)
• Curb sexual harassment within 3 months, SC tells states (ibnlive.in.com)
• Curb eve-teasing with an iron hand, Supreme Court fiat to all States (thehindu.com)
• Indian Constitution highlights (informsystems.wordpress.com)

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 housing, running 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, Sikhs, Jains, 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/

 

Related articles

• India harbours over 55% of fresh global leprosy cases (thehindu.com)
• INDIA – Bio- Metric Identification system for the ENTIRE population of India. (thelargestdemocracy.wordpress.com)
• India probe alleges government coal scam: report (dawn.com)
• Open Letter from Anonymous to the Government of India (kafila.org)
• India’s Hidden Plague – HIV/AIDS (thelargestdemocracy.wordpress.com)
• RIM agrees to hand over its encryption keys to India (economictimes.indiatimes.com)
• The Modern Militia Movement (itmakessenseblog.com)
• Neither the Will nor the Cash: Why India Wins So Few Olympic Medals (theatlantic.com)
• Ground-work for Islamization of India in meager $ 1 Trillion (hidf1.wordpress.com)
• RIM denies handing encryption keys to India (news.techeye.net)
• Poverty: Pride or Shame of India (socyberty.com)
• How are legitimate citizens converted into public enemies? (kractivist.wordpress.com)
• An Indian Demagogue Cries Victimhood – Bloomberg (bloomberg.com)
• Fighting for food security in India | Biraj Swain (guardian.co.uk)
• Major blackout hits northern Indian cities- 370 million powerless (sott.net)
• India charges reporter for Israel attack (bigpondnews.com)
• Greece migrants report 300 attacks since April (sfgate.com)
• Power struggle: How to keep India’s lights on (newscientist.com)
• India’s “Bilateral Investment Treaties”: A New Form of Colonialism (donttradeourlivesaway.wordpress.com)
• Help transform India – Fight for your Constitutional rights (thelargestdemocracy.wordpress.com)
• * Corruption’s Reach in India Spawns New Political Party (chindia-alert.org)

• Closer to the crown! (thehindu.com)
• India probe alleges government coal scam: report (dawn.com)
• RIM agrees to hand over its encryption keys to India (economictimes.indiatimes.com)

My Pledge – In response to Government of India’s steps to censor freedom of speech & expression.

Click on the link below

My response to the Indian Government’s steps to censor freedom of speech

Title page of Index Librorum Prohibitorum, or List of Prohibited Books, (Venice 1564). (Photo credit: Wikipedia)

 

Related articles

• India asks Beijing gallery to censor art show over Gujarat video (thehindu.com)
• Now you can send more than 200 non-commercial SMSes! (thehindu.com)
• Anonymous India Declares War On Censorship, Hacks Reliance Communication’s Network (techie-buzz.com)
• Anonymous organizes protests in 18 Indian cities over web censorship (theverge.com)
• Standing up for freedom of speech (bigdaddyrugby.com)
• Only Free To Say What They Want To Hear (usfsbblog.wordpress.com)

India – Know Your Rights (Part 1)

Subject: Torture by government officials. Government of India (GOI)

As early as 1981, the Supreme Court of India has said “…[n]othing is more cowardly and unconscionable than a person in police custody being beaten up and nothing inflicts deeper wound on our constitutional culture than a state official running berserk regardless of human rights” Kishore Singh V. State of Rajastan (AIR 1981 SC 625).

Related articles

• Odisha rights body seeks report on woman’s gang rape (vancouverdesi.com)
• “Are You a Nun??” (vneethasogathur.wordpress.com)
• INDIA – Know Your Legal Rights Series – The Constitution of India – Preamble (thelargestdemocracy.wordpress.com)
• A humble appeal to my fellow Indians (thelargestdemocracy.wordpress.com)
• Merely because the approver (PW-7) has stated that based on the direction of Kishore Mahadeo Lokhare (original Accused No. 1), the present appellant (original Accused No. 3) caught hold of the legs of the deceased, in the absence of any mo (advocatemmmohan.wordpress.com)

Human Rights – Let us all get involved

Related articles

• US, China Trade Accusations on Human Rights (voanews.com)
• Venezuela withdraws from human rights court (jurist.org)
• State Dep’t says it is ‘not consistent’ on human rights violations involving Israel and neighbors (mondoweiss.net)
• India’s Politics Without Principles (theadvocatespost.org)
• Impunity Reigns In India – OpEd (eurasiareview.com)
• ‘Human rights literacy should be made available to the youngest mind’ (thehindu.com)
• India’s ‘lawless’ mining industry criticised by Human Rights Watch (guardian.co.uk)
• Some good, some bad, and some ugly (thehindu.com)
• Scathing report calls India’s 2,600 mines ‘out of control’ (mining.com)
• India “reluctant” to speak out on rights issues, says Amnesty (thehindu.com)
• India: Mining Industry Out Of Control, Says HRW (eurasiareview.com)
• India’s Blood-Stained Democracy (india.blogs.nytimes.com)
• No Human Rights – in Theory or Practice (ipsnews.net)
• US Syria, Israel Hypocrisy Exposed By AP Reporter (alexanderhiggins.com)
• Technology › Human Rights Council backs Internet freedom (japantoday.com)
• Human Rights Council backs Internet freedom (o.canada.com)
• The Rohingya Subjected To Rights Violations During State Of Emergency In Myanmar: Amnesty (ibtimes.com)
• India has UNDECLARED EMERGENCY- People Speak, India Speaks ! (kractivist.wordpress.com)
• India’s Mining Industry Scarred By Corruption, Lack Of Regulation: Report (ibtimes.com)
• Humans must be treated as humans. (aaqib007.wordpress.com)
• India: Mining Industry Out of Control (hrw.org)
• US report cites police abuses in India (ibnlive.in.com)
• UN Human Rights Council backs Internet freedom (rawstory.com)
• Principled Engagement – Balancing Values with Interests (irrawaddy.org)
• Report on All India Convention against Sedition and Other Repressive Laws (kractivist.wordpress.com)
• India’s Politics Without Principles (humanrightswarrior.com)
• Channel 4 hammers India over “war crimes” in Jammu and Kashmir (oneislandtwonationsblogspotcom.typepad.com)
• US and China to Hold New Round of Human Rights Talks (blogs.voanews.com)

Human Rights – Let us all get involved

Human Rights – Let us all get involved

Dear Friends & critics

Please, click on the link and voice your concerns about the human rights abuses in India. The website is educational and informative. Get your friends, family, neighbors, classmates & everyone else involved by emailing this link to others, requesting them to take action against the criminals who continue to abuse and suppress our fellow countryman. Let us all pledge to declare war on DISCRIMINATION against our fellow citizens. Help me protect and preserve human lives and our democracy.

~ Thank you

Author ~ https://thelargestdemocracy.wordpress.com/

 

Related articles

• ‘Human rights literacy should be made available to the youngest mind’ (thehindu.com)
• US, China Trade Accusations on Human Rights (voanews.com)