- Marvellia
- Posts : 7
Join date : 2021-02-12
Significance of the term "Resident" (Legal Question)
Sat Jul 10, 2021 5:48 pm
Appellant may present himself and his arguments.
- TheBest01
- Posts : 11
Join date : 2021-05-18
Re: Significance of the term "Resident" (Legal Question)
Sat Jul 10, 2021 6:37 pm
Your Honour, as a responsible citizens I was going through the Constitution.
As per Article 3,Clause(1) Sub clause(2), I quote:-
"(2) All citizens and residents shall be given the advantage of all the fundamental rights and shall be conferred the right to participate in Roleplay."
Clearly "Residents" and "citizens" have been mentioned separately in this article. The very basic question that comes to the mind is which nations the term "Resident" represent here?
As per Article 3,Clause(1) Sub clause(2), I quote:-
"(2) All citizens and residents shall be given the advantage of all the fundamental rights and shall be conferred the right to participate in Roleplay."
Clearly "Residents" and "citizens" have been mentioned separately in this article. The very basic question that comes to the mind is which nations the term "Resident" represent here?
- Marvellia
- Posts : 7
Join date : 2021-02-12
Re: Significance of the term "Resident" (Legal Question)
Sat Jul 10, 2021 7:04 pm
I would like the government representative to answer the question.
Re: Significance of the term "Resident" (Legal Question)
Mon Jul 12, 2021 2:16 pm
Both Resident and Citizen r different. Citizens are those residents whose citizenship applications got accepted. A resident may participate in RP but cant vote or stand in elections. All nations in India are residents but when they apply for citizenship and gets accepted it changes into citizen status.
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- TheBest01
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Re: Significance of the term "Resident" (Legal Question)
Mon Jul 12, 2021 10:14 pm
So can we say that all citizens are resident but all resident are not citizen? Or is it like when a resident get citizenship their status be now be upgraded to citizens but they are no longer be called resident?Indusse wrote:Both Resident and Citizen r different. Citizens are those residents whose citizenship applications got accepted. A resident may participate in RP but cant vote or stand in elections. All nations in India are residents but when they apply for citizenship and gets accepted it changes into citizen status.
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Re: Significance of the term "Resident" (Legal Question)
Tue Jul 13, 2021 2:16 pm
The Second one is right.
- TheBest01
- Posts : 11
Join date : 2021-05-18
Re: Significance of the term "Resident" (Legal Question)
Tue Jul 13, 2021 2:57 pm
Your Honour as per the clarification provided by the government. Resident are those nations that reside in India but are not citizen. As Government representative had agreed that citizen cannot be called resident.
As per Article 3, Clause 2,I quote:-
"2. Citizenship Commission.— (1) A standing commission of citizens under the chairmanship of the Home Minister shall be tasked with granting and revoking the citizenship of residents."
Now how can citizenship of Resident be revoked if they didn't get citizenship? Also can Home Ministery revoke the citizenship of citizen because as per the Article he can revoke the citizenship of Resident which is quite a different term from citizen.
As per Article 3, Clause 2,I quote:-
"2. Citizenship Commission.— (1) A standing commission of citizens under the chairmanship of the Home Minister shall be tasked with granting and revoking the citizenship of residents."
Now how can citizenship of Resident be revoked if they didn't get citizenship? Also can Home Ministery revoke the citizenship of citizen because as per the Article he can revoke the citizenship of Resident which is quite a different term from citizen.
- Marvellia
- Posts : 7
Join date : 2021-02-12
Re: Significance of the term "Resident" (Legal Question)
Fri Jul 16, 2021 7:28 pm
This is a mistake on the Constituent Assembly who drafted the Constitution. The Court issues a mandamus to amend the constitution and correct the mistake.
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- TheBest01
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Re: Significance of the term "Resident" (Legal Question)
Fri Jul 16, 2021 7:53 pm
Your honour, there is another thing I would like to highlight.
As per Article 3,clause 2, sub clause 2
I quote "(2) All citizens and residents shall be given the advantage of all the fundamental rights and shall be conferred the right to participate in Roleplay. "
While as per article 4, Section 4 and Section 8, I quote
" 4. Right to Freedom.— (1) All citizens shall have the right—
to freedom of speech and expression;
to form associations or unions;
to practise any profession, or to carry on any occupation, trade or business. "
" 8. Right to Information.— (1) Every resident shall have a right to information."
It would be better for citizens if dictation like every nation in India or no nation in India is used instead of Citizen and Resident while mentioning it in fundamental right.
Also I request the court that the amendment should happen strictly under Court provision (by forming a advisory committee) as Citizenship is a key thing in the Constitution and should be saved from government misuse.
As per Article 3,clause 2, sub clause 2
I quote "(2) All citizens and residents shall be given the advantage of all the fundamental rights and shall be conferred the right to participate in Roleplay. "
While as per article 4, Section 4 and Section 8, I quote
" 4. Right to Freedom.— (1) All citizens shall have the right—
to freedom of speech and expression;
to form associations or unions;
to practise any profession, or to carry on any occupation, trade or business. "
" 8. Right to Information.— (1) Every resident shall have a right to information."
It would be better for citizens if dictation like every nation in India or no nation in India is used instead of Citizen and Resident while mentioning it in fundamental right.
Also I request the court that the amendment should happen strictly under Court provision (by forming a advisory committee) as Citizenship is a key thing in the Constitution and should be saved from government misuse.
- Marvellia
- Posts : 7
Join date : 2021-02-12
Re: Significance of the term "Resident" (Legal Question)
Wed Jul 28, 2021 1:00 pm
There's a reason why the terms are being used, it would be difficult to read the constitution if the terms are not used, anyways noted.
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