Category Archives: Lok Sabha (lower house of the parliament)

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Government of India Act, 1935 (as originally enacted); and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

THE AGE OF REASON?

The Renaissance in Modern India is wanting.

~ author http://www.thelargestdemocracy.wordpress.com

Raja Ram Mohan Roy endeavored to create from t...

Raja Ram Mohan Roy

Raja Ram Mohan Roy endeavored to create from the ancient Upanishadic texts a vision of rationalist modern India.

                                                                                                        

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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)

Black Money – Is the Indian President & GOI serious about punishing the wrongdoers?

Hello!

Do want to know what Mr. Phillipe Weltie, the Swiss Ambassador to India had to say about sharing information with the Indian Govt. on black money in Swiss bank accounts of Indian nationals?

If you thought the President of India Mrs. Pratibha Patil and the her government were proactive, read the article. ~ Thank you.

http://indiatoday.intoday.in/story/black-money-switzerland-ready-to-reveal-list-of-indians/1/152143.html

 

India – White Paper on Black Money is shelved

Dear Friends & critics

The finance minister of India has shelved (fails to debate/discuss), the White Paper on Black Money.

Click on the attached link to access the White Paper in it’s entirety (108 pages). Good job by The Hindu, newspaper.

http://www.thehindu.com/multimedia/archive/01089/WhitePaper_on_Blac_1089758a.pdf

Human Rights – Let us all get involved

English: WikiProject Human rights logo

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/

 

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

MY PLEDGE 

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

I am compelled to say “Free speech, is a fundamental human right and I shall have it and exercise it whenever and wherever I feel do so at any and all cost. Even if it brings death to me”.

“Free speech, is a fundamental human right and I shall have it and exercise it whenever and  wherever,

I please to do so. 

I will NOT adhere to any law that infringes upon my Constitutional right to question any authority or those who hold higher offices, this I shall continue to do so as a citizen of India at any and all cost.

No force on earth can stop me from speaking my mind, I shall continue to speak against the injustices perpetrated by the Indian Government on all Indians. Whether they may be Hindus, Muslims, Jews, Bahai, Zoroastrians, atheist, agnostic or of any caste, denomination, creed or color. For, I firmly believe in the greatest religion called HUMANITY.

No force on earth can stop me from questioning or speaking against the unjust laws or the social injustices that I and many others experience in India on a daily basis.

I am free from the shackles of intimidation and death. May God grant me HIS wisdom and strength to fight this battle against wolves in sheep clothing”.  

https://thelargestdemocracy.wordpress.com/

Help India Grow – Share the link with family & friends

India – Please, help India. The link below is informative & helpful. Pass it on to your family & friends.

Always, be informed & educated on as many subject matters / issues as possible. Thx.

 

http://www.takshashila.org.in/

Taj Mahal, Agra, India. Deutsch: Taj Mahal im ...

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