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Government of India Act, 1935 (as originally enacted); and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

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

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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 ...

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

 

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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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English: WikiProject Human rights logo

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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.

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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).