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

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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Government of India Act, 1935 (as originally enacted); and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 1)

activist, Adolf Hitler, Amnesty International, Aryan Brotherhood, Author, Bal Thackeray, crimes against God, crimes against humanity, crimes against nature, Dietrich Bonhoeffer, Europe, Free from tyranny, Free speech, Freedom from absolute monarchies, Freedom from communism, Freedom from despotic governments, Freedom from dictatorships, Freedom from totalitarian regimes, Freedom from tyranny, Freedom in India, Freedom of speech and expression, Germany, God, Help Transform India, Hindu right wing political party, Hitler mass murder, Human rights, India - Human rights, India - Intelligence, India - Law & Legal System, India - Police, India constitutional law, India Corruption, India criminals, India Human Rights, India illeteracy, India Law, India legal, India politicians, India Politics, India Religious intolerance, Jews, Life, looting India, Nazi autrocities, Politicians & Criminals in Power, Politics, Uddhav Thackeray September 30, 2012 Leave a comment

To:

Bal Thackeray & Shiv 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)

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Help transform India – Fight for your Constitutional rights

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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/

 

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Human Rights – Let us all get involved

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

Human Rights – Let us all get involved.

For how long? How many millions looted from the Indian treasury & the poor by the “ELITE CLASS” in India?

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Dear Friends & critics

As I investigate and report on India’s criminals and enemies of the state – politicians, members of law enforcement, gurus, charlatans, spiritual leaders, charitable organisations, industrialist, businessmen/women, I feel sick to my stomach.

My sickness stems from the sheer immorality, illegality, connivance, cruelty, and the impunity they enjoyed for decades and continue to do so today.

I have taken the liberty to share some observations made in the GFI report – The Drivers and Dynamics of Illicit Financial Flows from India: 1948-2008: A new report from Global Financial Integrity, November 2010.

  • The report estimates that tax evasion, crime, and corruption have removed gross illicit assets from India worth US $462 billion (adjusted value) from 1948-2008.
  • These illicit financial flows were generally the product of: tax evasion, corruption, bribery and kickbacks, and criminal activities.
  •  The report also finds that the faster rates of economic growth since economic reform started in 1991 led to a deterioration of income distribution which led to more illicit flows from the country.
  • India’s poor state of governance is reflected in a growing underground economy which in turn has fueled more transfers of illicit capital from India. This analysis is cast in terms of a pre- and a post-reform period spanning a total of 61 years since independence.
  • “This report puts into stark terms the financial cost of tax evasion, corruption, and other illicit financial practices in India,” said Global Financial Integrity director Raymond Baker. “It also shows that these illicit outflows contribute to stagnating levels of poverty and an ever widening gap between India’s rich and poor.”
  • India’s aggregate illicit flows are more than twice the current external debt of US $230 billion.
  • Based on the last five years of the study, 2004-2008, India lost assets at a rate of US $19 billion per year.
  • Total capital flight out of India represents approximately 16.6 percent of India’s GDP as of year-end 2008. In present value terms, India lost an equivalent of about 36 percent of its 2008 GDP which represents a staggering loss of capital.
  • 68% (percent) of India’s aggregate illicit capital loss occurred after India’s economic reforms in 1991. 
  • From 1948 through 2008 the Indian private sector shifted away from deposits into developed country banks and moved more of its money into offshore financial centers (OFCs). The share of OFC deposits increased from 36.4 percent in 1995 to 54.2 percent in 2009.
  • India’s underground economy is closely tied to illicit financial outflows.
  • The total present value of India’s illicit assets held abroad ($462 billion) accounts for approximately 72 percent of India’s underground economy. This means that almost three-quarters of the illicit assets comprising India’s underground economy—which has been estimated to account for 50 percent of India’s GDP (approximately $640 billion at the end of 2008)—ends up outside of the country.
  • The finding that only 27.8 percent of India’s illicit assets are held domestically support arguments that the desire to amass wealth illegally without attracting government attention is one of the primary motivations behind the cross-border transfer of illicit capital.
  • In the post-reform period of 1991-2008, deregulation and trade liberalization accelerated the outflow of illicit money from the Indian economy. Opportunities for trade mispricing grew and expansion of the global shadow financial system—particularly island tax havens—accommodated the increased outflow of India’s illicit capital flight.

Author’s thoughts: As long as we do NOT unite under the tri-colored flag without reservations, or feelings of bias or prejudice towards our fellow citizens, the government will NEVER be held accountable to its people. Majority of our politicians are criminals, first step is to change the electoral process. Set up high standards for those who run for public office and keep them in check through checks and balances, internal and external.

Keep our judiciary and it’s officers free from political, societal or legislative influence or pressure. I urge one and all to UNITE and fightback. One great fighting tool is Public Interest Litigation (PIL). Stay United, Stay Involved, Stay Vigilant, & always be brave to fight the enemies of the state. ~ Jai Hind.

India – Biometric Identification is NOT the answer

Help Transform India, India - Constitutional / Fundamental rights, India - Human rights, India - Intelligence, India - Law & Legal System May 31, 2012 Leave a comment

Dear Friends & critics

Please, click on the attached link to find out more on failure of biometric identification systems. http://www.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=420116

Human Rights – Let us all get involved

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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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Anna Hazare fights corruption

Help Transform India, India - Constitutional / Fundamental rights, India - Human rights, India - Law & Legal System, India Politics, Politicians & Criminals in Power May 31, 2012 Leave a comment

Anna Hazare fights corruption

Dear Friends and critics

Let’s help Mr. Anna Hazare and his team by showing our support and through monetary contribution. He and his followers are trying to achieve what no politician in modern India has ever attempted to do. We have heard many lecture on the evils of corruption BUT not a single person has thrown himself / herself into the ring to fight it.

Wishing Mr. Hazare, Mr. Kejriwal, Ms. Kiran Bedi and many others all the very best. May VICTORY be yours…always.

Critically Endangered Species of India

Help Transform India, India - Birds & Animals, India - National Treasures May 31, 2012 Leave a comment

Critically Endangered Species of India

Let’s spread the news. Help save India’s birds.

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

Author, Author's Pledge, Death, Free from tyranny, Free speech, Freedom from absolute monarchies, Freedom from communism, Freedom from despotic governments, Freedom from dictatorships, Freedom from totalitarian regimes, Freedom from tyranny, Freedom of speech and expression, Help Transform India, High Court Bombay, High Court India, Human rights, Imprisonment, India, India - Censorship of Fundamental Rights, India - Constitutional / Fundamental rights, India - Human rights, India - Law & Legal System, India - Police, India Children & Right to Education, India Corruption, India Politics, India Supreme Court, Jail, Life, Lok Sabha (lower house of the parliament), Maharashtra, Politicians & Criminals in Power, Politics, Poverty, Shiv Sena, Supreme Court New Delhi, Theocracy May 31, 2012 Comments: 5

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/

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To:The Honorable Preside…

Author, Help Transform India, India - Censorship of Fundamental Rights, India - Constitutional / Fundamental rights, India - Human rights, India - Law & Legal System, India Politics May 31, 2012 Leave a comment

To:
The Honorable President of India
The Honorable Prime Minister of India
New Delhi, India

In response to the Orwellian steps taken by the present government to curb freedom of speech and expression, which is a Constitutional right of every Indian. This law or proposition of such a law violates the Constitutionally protected fundamental right of every citizen of India.

I vehemently oppose such a law on Constitutional grounds and in the name of my beloved country. These Orwellian laws are in violation of every citizens human right to feel free to express himself or herself, without fear of punishment or reprisals from the government.

Dissent is the very basis of a democracy. May I remind you that our late Prime Minister Mrs. Indira Gandhi felt the need to curb political dissent and she achieved the same by declaring a state of emergency in India. This declaration was an effective tool for her to stay in power.

The Indian Emergency of 26 June 1975 – 21 March 1977 which lasted for a 21 month period, when President Fakhruddin Ali Ahmed, upon advice by Prime Minister Indira Gandhi, declared a state of emergency under Article 352 of the Constitution of India, effectively bestowing on him the power to rule by decree, suspending elections and civil liberties. Mr. Alok Narayan, a well-known scholar of law, called it one of India’s “blackest hours”.

The 42nd Amendment, which brought about extensive changes to the letter and spirit of the Constitution of India, is one of the lasting legacies of the Emergency. One of the consequences of the Emergency era was that the Supreme Court of India ordered that, although the Constitution is subject to amendment (as used by Indira), changes that are ultra vires to its basic structure cannot be made by the Parliament of India.

I am compelled to say “Free speech, is a fundamental human right and I shall have it and exercise it whenever, where ever I feel do so at any and all cost. Even if it brings death to me”. – Author’s blog address https://thelargestdemocracy.wordpress.com/

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

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”.  

Author’s blog address https://thelargestdemocracy.wordpress.com/

Internet Censorship in India

Help Transform India, India - Censorship of Fundamental Rights, India - Constitutional / Fundamental rights, India - Human rights, India - Law & Legal System, India Politics May 31, 2012 Leave a comment

Internet Censorship in Indian Democracy will ONLY stifle public debates on issues, it is a TOOL THAT HELPS THE ONES IN POWER TO KEEP THE POPULATION UNDER DARK & UNDER CONTROL.

Politicians DO NOT want to be questioned, DO NOT want to be challenged, DO NOT want to be held accountable, responsible and prosecuted. This is a DIRECT ASSAULT ON THE CONSTITUTIONAL RIGHTS OF EVERY INDIAN CITIZEN.

Unite, stay united for the cause, challenge the one’s in power, question authority & be vigilant. Democracies are manipulated, subverted and democratic values and freedoms vanish giving way to tyrannies, communism, authoritarian or totalitarian regimes. PLEASE SPREAD THE NEWS & FIGHT THROUGH PUBLIC INTEREST LITIGATION (PIL).