Tag Archives: Fundamental rights violation in 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Government of India Act, 1935 (as originally enacted); and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.

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.

                                                                                                        

Related articles

India – Land of Gurus, Swamis & Swines, all equally guilty of promoting violence & illiteracy. (Part 1)

To:

Bal ThackerayShiv Sena, the right wing Hindu fundamentalist political party of India

My thoughts captured herein, are directly in response to your public admiration and support of Adolf Hitler, the Nazi bastard & mass murdering white supremacist thug who came to power by instigating violence and hatred against intellectuals, academics & religious leaders of Germany & Europe.

Adolf Hitler, the Nazi bastard & his henchmen are directly responsible for the most heinous atrocities ever committed against humanity & nature. Specifically, the mass murder of Jews across Europe.

Perhaps you & your family would have met the same end as your idol Adolf Hitler whom you have worshiped for more than five decades. You have described Adolf Hitler as a great leader, someone with a great personality and leadership qualities, well your statements illustrates to the world how ignorant you and your family are of world history and events. These pathetic and illiterate statements directly reflect upon your intelligence level, upbringing, family values, and much more.

It clearly demonstrates to the world at large as to what an illiterate you are. So goes the same for your immediate family members, friends, party members and followers of your right wing political party, the Shiv Sena.

Adolf Hitler, the Nazi bastard, mass murderer of millions of people, including innocent children, senior citizens, mentally and physically disabled people of Germany and Europe would have sent you, your wife and parents to the gas chamber, if Hitler had invaded India.

You and your kind would not have seen the light of day. You are just not an illiterate & violent human being but also a manifestation of evil in our world.

Our planet would be a better place without inhabitants of your caliber and intelligence.

Satyameva Jayate. (The truth alone triumphs in Sanskrit)

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

India Divided

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                                                                  

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

A humble appeal to my fellow Indians

More violence in the name of God, community and religion took place in Mumbai.

Why can’t we all just get along?

How many more people need to be killed?
How many more mother’s have to loose their children?

How many more children have to loose their parents?

How many more spouses have to loose their partners?
Before we all can UNITE under the tricolor flag of India.If India can find ways and means to launch satellites, travel in space, build one of the most advanced missiles in the world & aspire to send a man to the moon in the next decade, such HIMALAYAN dreams can only be achieved by India by solving the most difficult problems in pure mathematics, engineering, astrophysics, chemistry, aeronautics and other scientific and social disciplines.

This truly shows that we are a nation of hard working intellectuals, who are open minded and ever ready for adventure and learning new things in life.

However, we are absolutely blinded by the subject of religion. India’s BIGGEST challenge of curbing communal disharmony, heinous acts of violence in the name of God is its inability to recognize that the true message of religion is HUMANITY.

We humans should start believing in HUMANITY more than what the good book teaches, because the very essence of loving GOD is to love & serve HUMANITY.

End the violence now and forever, speak up & hold our government officials and community leaders accountable for their lack of  integrity and understanding.

Let us all join hands and promise ourselves to respect each others views and religious beliefs even when they are in different than our very own, promise to respect each other’s Constitutional rights & to uphold the law.

Please, let us all get together and help India grow and transform into a more tolerant, civil & peaceful nation looked upon, well respected and admired by other countries of the world.Thank you
Author ~ https://thelargestdemocracy.wordpress.com/

Related articles

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/

 

Related articles

%d bloggers like this: