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Government of India Act, 1935 (as originally enacted); and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

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

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.

Plundering India – only this time it isn’t the Brits, the French, the Spaniards, the Dutch, the Portuguese…

Dear Friends & critics

Plundering India – only this time it isn’t the Brits, the French, the Spaniards, the Dutch or the Portuguese…or the ever present invisible evil “foreign hand” meddling in India’s affairs. – Rejoice it’s those who belong to the pool of Indian citizens, like you & me. 

Tax havens are estimated to number more than 70 but the Internal Revenue Service (IRS) estimates that approximately forty (40) of them aggressively market themselves as tax havens.

The Most Popular tax haven in the world is Switzerland, besides Luxemburg, Lichtenstein, Channel Islands, Bahamas, etc.

1.      In State of MP vs. Ram Singh 2000 (5) SCC 88, the Supreme Court said:

“Corruption is termed as a plague, which is not only contagious but if not controlled, spreads like a fire in a jungle. Its virus is compared with HIV leading to AIDS, being incurable. It has also been termed as royal thievery. The sociopolitical system exposed to such a dreaded communicable disease is likely to crumble under its own weight. Corruption is opposed to democracy and social order, being not only anti-people, but aimed and targeted against them. It affects the economy and destroys the cultural heritage. Unless nipped in the bud at the earliest, it is likely to cause turbulence – shaking the socioeconomic- political system in an otherwise healthy, wealthy, and effective and vibrating society”. State of MP vs. Ram Singh 2000 (5) SCC 88.

2.     On January 19, 2011 the the Supreme Court of India made an historic observation about this shameful phenomenon of Indian funds kept illegally abroad and the obstructionist attitude of the Central Government in unraveling the truth. The Bench was observing on the Petition filed by Ram Jethmalani and others with reference to the illegal money kept by Indians in the Lichtenstein bank.

Supreme Court of India describing black money stashed away abroad by Indians as “pure and simple theft of national money,” the Supreme Court questioned the Centre’s approach to tackling this menace and retrieving the huge amount kept in foreign banks.

When Solicitor-General (SG) Gopal Subramaniam presented a sealed list of  26 names who had accounts with Liechtenstein Bank, a Bench of Justices B. Sudershan Reddy and S.S. Nijjar was not convinced of the steps taken by the government for getting back black money.

Justice Reddy, after perusing the list, told the SG: “This is all the information you have or you have something more! We are talking about the huge money. It is a plunder of the nation. It is a pure and simple theft of the national money. We are talking about mind-boggling crime. We are not on niceties of various treaties.”

Senior counsel Anil Divan alleged inaction on the part of the Centre in bringing back black money parked in foreign banks.

The Indian Supreme court has rightly analyzed the malaise as the “plunder of the nation” and not a simple tax avoidance issue.

3.   Swiss Banking Association Report (2006), says “India has more black money than the rest of the world combined.” The amount is apporximately $1.456 billion (USD) in black money in Swiss banks.

4.  Global Financial Integrity, a research and advocacy organization working to curtail illicit financial flows out of developing countries, has pegged the losses on account of illicit financial flows due to tax evasion, crime and corruption at $462 billion since 1947, the year we obtained our Independence from Britain.

5.   Global Financial Integrity (GFI) study estimated that black money to the tune of $22.7-$27.3 billion left India annually during 2002-2006

6.    According to the GFI study the Yearly Average Illicit Financial Outflows from INDIA between the years 2002-2006 had an estimated value between $22,726 million US Dollars (USD) and $27,304 Million US Dollars (USD).

7.   In their article “External Debt and Capital Flight in the Indian Economy” by Niranjan Chipalkatti & Meenakshi Rishi (Oxford Development Studies, Vol. 29, No. 1, 2001. The authors point out the following:

(a)   “Indian capital flight at US $88 billion (in 1997 dollars) over the 1971-1997 period, a sum that is roughly 20% of the US $448 billion real external debt disbursed to the country over the same time period (World Bank, 1999). There is also evidence of a strong year-to-year correlation between debt inflows and flight-capital outflows.

           (b)   “India’s external debt is conceived to be relatively high by international standards. An outstanding external debt of  $94.4 billion (USD) at the end of 1997 places India among the top 10 debtors among all developing nations.

(c)   While the Indian elite evaded taxes on a Himalayan scale, India’s external debt was relatively high by international standards. An outstanding external debt of US $94.4 billion at the end of 1997 placed India among the top 10 debtors among all developing nations. – World Bank.

(d)    According to Frontline (1997, p. 99), economists at Florida International University estimated Indian capital flight at $4.4 billion in 1993, $5.8 billion in 1994 and $5.5 billion in 1995 (totaling $15.7 billion).

(e)    In 1999 the World Bank ranked India as the eighth most indebted country in Asia, Africa and Latin America (i.e on 3 continents) and the fourth most heavily indebted nation in Asia.

 8)   2011 – GFI report states:

                     ” From 1948 through 2008 India lost a total of $213 billion in illicit financial flows (or illegal capital flight).

These illicit financial flows were generally the product of: corruption, bribery and kickbacks, criminal activities, and efforts to shelter wealth from a country’s tax authorities.”

Author’s final thoughts:  While millions of men, women & children starved in our beloved India, those in positions of wealth & power raped and maimed the country. They destroyed and continue to destroy millions of human lives, the economic and social fabric of the Nation.  These corrupt men & women belong to all religions, caste, color, regions and states of India.

While the politicians, businessmen/women, industrialists and the other ELITIST preached the illiterate, poverty stricken, helpless masses to “surrendering themselves to God, since their suffering was due to their own bad Karma which they accumulated in their past lives and so on”, they siphoned off millions from our Nation’s treasury, leaving those living in abject poverty, without the basic necessities of life such as food, shelter, clothing, health care and education, after all the masses were doomed due to their bad karma.

Perhaps it is time for us as a nation to collectively bow our heads in shame for not questioning those in power and not asking ourselves what is the purpose or foundation of religion itself ? What is the purpose of my life on this earth ? Hope you all will join me in transforming India, by making a difference in the life of at least one fellow human being. I wish you a happy journey. ~ Thank you.

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).

Human Rights – Let us all get involved

English: WikiProject Human rights logo

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