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The Constitution makers were aware of the history of the country and they were also conscious that the divisive forces of regionalism, linguism, and communalism might one day raise their ugly head and threaten the unity and integrity of the nation, particularly in the context of the partition of India and the ever-present danger of the imperialist forces adopting new stratagems, apparently innocuous, but calculated to destabilize India and re-establish their hegemony and, therefore, they laid great emphasis on the unity and integrity of the nation in the very Preamble of the Constitution. Article 1 of the Constitution then proceeds to declare that India shall be a Union of States but emphasizes that though a Union of States, it is still one nation with one citizenship. Part II dealing with citizenship recognizes only Indian citizenship: it does not recognize the citizenship of any State forming part of the Union. Then follow Articles 14 and 15 which are intended to strike against discrimination and arbitrariness in state action, whether legislative or administrative. Article 19 (1) again recognizes the essential unity and integrity of the nation and reinforces the concept of one nation by providing in clauses (d) and (e) that every citizen shall have the right to move freely throughout the territory of India and to reside and settle in any part of the territory of India. Article 301 declares that subject to the other provisions of Part XIII, trade, commerce, and intercourse throughout the territory of India shall be free. Then there are situations envisaged in certain Articles of the Constitution such as Articles 353 and 356 where the executive power of a State forming part of the Union is exercisable by the Central Government or subject to the directions of the Central Government. Thus, the entire country is taken as one nation with one citizenship and every effort of the Constitution makers is directed towards emphasizing, maintaining, and preserving the unity and integrity of the nation.

Question: X, a Parsi of Afghani origin came to India on 29th December 2014 without a passport through international waters. He was doing business in India but the government in 2020 declared him as an illegal immigrant and wanted to deport him under The Passport (Entry into India) Act, 1920. Decide.

 

Option: 1

X entered illegally without a passport through international waters so he must be deported back.

 


Option: 2

Parsis who have entered India on and before 31st December 2014 shall be given citizenship of India.


Option: 3

X is getting denied his right to occupation

 


Option: 4

None of the above


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