Article 6 of the Indian Constitution: Rights of citizenship of certain persons who have migrated to India from Pakistan

Article 6 of the Indian Constitution is one of the key provisions dealing with citizenship rights in the context of the partition of India and Pakistan in 1947. It specifically addresses the situation of individuals who migrated from the territory that became Pakistan to the territory that became India. Along with Articles 5 and 7, it lays down the criteria for granting Indian citizenship to these specific categories of people during the commencement of the Constitution.

This article was crucial in defining who among the millions displaced by the partition would be considered citizens of the newly formed Republic of India, recognising the complex realities of migration and displacement that occurred during that tumultuous period.

Original Text

Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan.—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either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and

(b)

(i) in a 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 a 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 the Government:

Provided that no person shall be so registered unless he has been ordinarily resident in the territory of India for at least six months immediately preceding the date of his application.

Detailed Explanation

Article 6 provides for the citizenship of persons who migrated from Pakistan to India at the time of partition. It begins with a non-obstante clause (“Notwithstanding anything in article 5”), meaning its provisions prevail over Article 5 for the specific category of people it covers.

The fundamental condition for a person to be considered for citizenship under Article 6 is that they must have migrated to the territory of India from the territory now included in Pakistan.

Additionally, two primary conditions must be met:

Connect to Undivided India: The person, or either of their parents, or any of their grandparents must have been born in ‘India as defined in the Government of India Act, 1935 (as originally enacted)’. This refers to the territory of British India before partition, ensuring a historical link to the land.
Migration Date and Subsequent Residency/Registration: This condition is divided based on the date of migration, with a crucial cut-off being the 19th day of July, 1948. This date is significant because it marks the introduction of the permit system between India and Pakistan, requiring permits for migration.
- For migrants who came before July 19, 1948 (the permit system date):
  - They must satisfy the “Connect to Undivided India” condition (point 1 above).
  - They must have been “ordinarily resident” in the territory of India since the date of their migration. This implies continuous and settled residence, not just a temporary visit.
- For migrants who came on or after July 19, 1948:
  - They must satisfy the “Connect to Undivided India” condition (point 1 above).
  - They must have been registered as a citizen of India by an appointed officer of the Dominion of India.
  - The application for registration had to be made before the commencement of the Constitution (January 26, 1950).
  - There is a crucial Proviso here: A person could not be so registered unless they had been “ordinarily resident” in India for at least six months immediately preceding the date of their application for registration. This residency requirement ensured a period of settled life in India before granting citizenship through registration.

In essence, Article 6 created two categories of migrants from Pakistan based on the July 19, 1948 date. Those who came earlier were granted citizenship more easily based on continuous residence, while those who came later had to undergo a registration process which included a mandatory six-month residency requirement.

Detailed Notes

Deals with the citizenship rights of persons who migrated from the territory now in Pakistan to India.
Applies at the commencement of the Constitution (January 26, 1950).
Overrides Article 5 for the specific category of migrants covered.
Basic Requirement: The person must have migrated to the territory of India from the territory now included in Pakistan.
Two Necessary Conditions (A and B):
- (A) Ancestral Link to Undivided India: The person OR either of their parents OR any of their grandparents must have been born in ‘India as defined in the Government of India Act, 1935 (as originally enacted)’.
  - Refers to British India before partition.
- (B) Condition based on Date of Migration: This condition differs based on whether the migration occurred before or on/after 19th July 1948.
  - Case (i): Migration before 19th July 1948
    - Must satisfy Condition (A) (Ancestral Link).
    - Must have been “ordinarily resident” in India continuously since the date of migration until the commencement of the Constitution.
    - “Ordinarily resident” implies settled, continuous residence.
  - Case (ii): Migration on or after 19th July 1948
    - Must satisfy Condition (A) (Ancestral Link).
    - Must have been registered as a citizen of India by an authorised officer.
    - Application for registration had to be made before the commencement of the Constitution (26th January 1950).
    - Proviso to Case (ii): A person could only be registered if they had been “ordinarily resident” in India for at least six months immediately before making the application for registration.
Significance of 19th July 1948: This date marks the introduction of the permit system between India and Pakistan for regulating migration.
The article provided a framework to absorb the population influx due to partition and determine their citizenship status at the Constitution’s commencement.

Additional Comments

Article 6 is a specific provision tailored to the extraordinary circumstances of the partition of India.
It addresses migrants from Pakistan to India. Article 7 addresses migrants from India to Pakistan and then back to India.
The criteria laid down in Article 6 were intended to apply primarily at the commencement of the Constitution (January 26, 1950).
The concept of “ordinarily resident” is important and implies more than just a temporary stay; it suggests a settled intention to live in India.
The inclusion of parents and grandparents born in undivided India ensured that people with genuine historical ties to the land could claim citizenship despite partition.
The registration requirement for post-July 1948 migrants, along with the 6-month residency rule, aimed to regulate and verify citizenship claims from later arrivals.

Summary

Article 6 of the Indian Constitution defines the citizenship rights for individuals who migrated to India from the territory now included in Pakistan at the time of the Partition. It requires that the person, their parent, or grandparent was born in undivided India. The path to citizenship then depends on the date of migration relative to July 19, 1948, the date the permit system was introduced. Migrants who arrived before this date could be considered citizens if they had been ordinarily resident in India since migration. Those who arrived on or after this date needed to be registered as citizens by an authorised officer before the Constitution’s commencement, provided they had resided in India for at least six months immediately preceding their application for registration. This article was a crucial provision for settling the citizenship status of partition migrants at the Constitution’s commencement.