Tag Archives: India fundamental rights

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Government of India Act, 1935 (as originally enacted); and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

Poem by Martin Niemoller – German Pastor & Theologian

Poem is by Martin Niemöller was a German pastor and theologian born in Lippstadt, Germany, in 1892. Niemöller was an anti-Communist and supported Hitler’s rise to power at first. But when Hitler insisted on the supremacy of the state over religion, Niemöller became disillusioned. He became the leader of a group of German clergymen opposed to Hitler. Unlike Niemöller, they gave in to the Nazis’ threats. In 1937 he was arrested and eventually confined in Sachsenhausen and Dachau. His crime was “not being enthusiastic enough about the Nazi movement.” Niemöller was released in 1945 by the Allies.  

His  statement, sometimes presented as a poem, is well-known, frequently quoted, and is a popular model for describing the dangers of political apathy, as it often begins with specific and targeted fear and hatred which soon escalates out of control.

First they came for the communists, and

I didn’t speak out because I wasn’t a communist.

Then they came for the trade unionists,
and I didn’t speak out because I wasn’t a trade unionist.

Then they came for the Jews,
and I didn’t speak out because I wasn’t a Jew.

Then they came for me
and there was no one left to speak out for me”.

180 px

180 px (Photo credit: Wikipedia)

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)

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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Human Rights – Let us all get involved

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

Human Rights – Let us all get involved.

Voltaire – Freedom of Expression is the right of every man, woman & child.

Francois-Marie Arouet de Voltaire, commonly known by his pen name Voltaire was a satirical polemicist, who criticized many of the intolerant, religious dogmas that were practiced in France and on the European continent.

He was a strong intellectual challenger to the French government, laws, & its officials. For his free thinking and outspokenness he was jailed several times and even sent into exile. His books and commentaries on civil liberties, freedom of religion, freedom of expression, and most important of all his arguments on separation of church and state helped shape the world in many respects.

Voltaire’s arguments, principles and maxims are embodied in the written Constitutions of many free democratic countries.

Voltaire is credited with the following quotes – 

(a)  “I do not agree with what you have to say, but I’ll defend to the death your right to say it”.

(b)  “I detest what you write, but I would give my life to make it possible for you to continue to write”

Author’s thoughts: Exercise your fundamental right by joining me in spreading the word. Please, share the blog with your family, friends, acquaintances, and everyone in your community. Keep the communication flowing and help transform the world for the betterment & prosperity of humankind ~ Thank you.

Voltaire's statue and tomb in the crypt of the...

 

 

India – Chilling Effects on Free Expression on the Internet

Hello & welcome

Please, click on the link below to read this article. You may also copy and paste the link in your web browser.

http://cis-india.org/internet-governance/chilling-effects-on-free-expression-on-internet/intermediary-liability-in-india.pdf

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