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A Model of New Constitution For India

CITIZENSHIP
Home | Object of "A MODEL OF NEW CONSTITUTION FOR INDIA" | PREAMBLE | CITIZENSHIP | FUNDAMENTAL DUTIES AND RIGHTS | DIRECTIVE PRINCIPLES OF STATE POLICY | The Executive | Parliament | TARIFF COMMISSION OF BHARAT | State Legislatures | Local self-Governments. | Political parties | JUDICIARY AND ITS ANCILLARIES | LAW COMMISSION OF BHARAT | PRESS COUNCIL OF BHARAT | The Bureau of the Comptroller and Auditor-General of India | State Judicial Commissions | High Courts in the States | Subordinate Courts. | ELECTION COMMISSIONS OF BHARAT AND STATES | Miscellanious & Other provisions

PART-II

CITIZENSHIP

(Article 4 should be in place of Article 5 to 11 of the existing Constitution)

3.       Citizen and Rights of Citizenship.

(1)   Citizen of Origin: whose four or more generations of parents was Bharatiya origin;

(2)   Migrated Citizen: Whose four or more generation was Bharatiya origin, but he or his parents migrated in Bharat at the time of partition of Bharat before nineteenth day of July 1948.

(3)   Bharatiya Origin Foreign Resident Citizen: A person or his parents were origin born Bharatiya, but settled in any foreign country and taken its Citizenship, or migrated in Bharat after nineteenth day of July 1948.

(4)  Foreign born Citizen: A person himself or either or both parents are not origin Bharatiya, or any of his parent migrated in Bharat, even before his arrival, but after nineteenth day of July, 1948 and settled in Bharat permanently, for more than a period of five years.

(5)   A person (including his spouses) who has, after the first day of March 1947, migrated from any territory now included in Bharat to any area now included in Pakistan or Bangla Desh, he and children shall not be deemed to be a citizen of Bharat.

(6)   Parliament shall make law with clear Rules for suspension of rights and facilities provided under this Article, for time being, when a Citizen Charge sheeted or violates any provisions provided under this Constitution.

(7)   Bharatiya Origin Foreign Resident Citizen shall have all right and facilities, except to Vote for any democratic Institution in Bharat, on the terms and conditions, decided by Parliament by Law. Bar against voting rights can be relinquished against a person after five years, from his return and resettled in Bharat. In this respect Parliament shall make appropriate Law and Rules.

(8)    Foreign born Indian Citizen, shall have all rights and facilities available to any other Citizen, but can not contest elections for the office of President, Vice-President, Prime Minister, Chief Minister of any State and can not hold any office of Judge in Supreme Court or any High Court, Chief Election Commissioner, or Chairman of any Commission and Auditor & Comptroller General of Bharat, or like wise offices.

(9)    Parliament shall make a law, to make a Register of Citizen of different categories and to issue a comprehensive “Identity Card” to each Citizen and to regulate the rights of each category of Citizen, acquisition or termination of Citizenship in accordance with this Article.

(10)Any Law in consistent with this article shall be made by Parliament with clear strength of seventy percentages of all the then members of each House.

(11)In case Parliament fails to make necessary laws required under this article, within one year from the commencement of this Constitution, the Constitution Bench, consisting of not less than Nine Judges of the Supreme Court, shall make a law to that effect, which will be applicable till Parliament make alternative law to that effects.

(12) Parliament shall not amend this article without referendum and without support of clear majority of the voters enrolled in the voter’s list.

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TRUTH SHALL PREVAIL