The partition of India in 1947 led to mass migration across the newly created borders. The Constitution of India, adopted in 1950, had to address the complex issue of citizenship for millions of people displaced by this event. Article 7 is one such provision within Part II of the Constitution, specifically designed to deal with the citizenship status of individuals who had migrated from the territory of India to Pakistan after March 1, 1947.
This article essentially lays down a general rule regarding the citizenship consequences for those who chose to move to the newly formed dominion of Pakistan, while also providing for an exception that allows certain individuals who returned to India under specific conditions to potentially acquire Indian citizenship. It is a critical transitional provision reflecting the turbulent circumstances surrounding India’s independence and partition.
Original Text
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 from the territory now included in Pakistan.
Detailed Explanation
Article 7 begins with a non-obstante clause (“Notwithstanding anything in articles 5 and 6”), indicating that its provisions override those of Articles 5 and 6 when applicable. It establishes a general rule: any person who migrated from the territory of India to the territory now included in Pakistan after March 1, 1947, is not to be considered a citizen of India. This date, March 1, 1947, is crucial as it marks the period when large-scale migrations began in anticipation of partition. The article deems such individuals to have lost their connection with India for citizenship purposes due to their migration to the other dominion.
However, the article includes a significant proviso, creating an exception to the general rule. This exception applies to a person who, despite having migrated to Pakistan after the cutoff date, subsequently returned to India. The crucial condition for this exception is that the return must be under a “permit for resettlement or permanent return” issued by or under the authority of any law. Such permits were administrative mechanisms established by the governments of India and Pakistan to regulate the return of displaced persons, particularly those who might have initially migrated but wished to come back to their original homes.
The latter part of the proviso clarifies the status of such returnees. It states that such a person “shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India from the territory now included in Pakistan.” This means that individuals who returned under a valid permit are treated as if they were migrants from Pakistan to India, thereby becoming eligible for citizenship under the conditions laid down in Article 6(b). Article 6(b) requires migrants from Pakistan to have been residing in India since their migration and to have applied for registration as a citizen, provided they have resided in India for at least six months immediately preceding the date of their application. By linking returning migrants under Article 7 to Article 6(b), the Constitution provided a pathway to citizenship for those who initially left but later returned with official sanction.
In essence, Article 7 primarily served to exclude those who migrated to Pakistan after March 1, 1947, from Indian citizenship, reflecting the political reality of partition, while the proviso offered a limited window and process for those who returned under specific official arrangements to regain or acquire Indian citizenship through the mechanism outlined in Article 6(b).
Detailed Notes
- Purpose: Deals with the citizenship status of persons who migrated from India to Pakistan post-Partition.
- Non-Obstante Clause: Overrides Articles 5 and 6 regarding the specified category of migrants.
- General Rule: A person who migrated from the territory of India to the territory now in Pakistan after March 1, 1947, is not deemed to be a citizen of India.
- Key Date: March 1, 1947, is the cutoff date for migration mentioned in the article.
- Effect of Migration: Migration to Pakistan after this date generally results in the loss or non-acquisition of Indian citizenship under the provisions of Articles 5 and 6.
- Exception (Proviso): The general rule does not apply to a person who, after migrating to Pakistan, returned to India.
- Condition for Exception: The return must be under a valid “permit for resettlement or permanent return”.
- Source of Permit: The permit must be issued by or under the authority of any law.
- Status of Returnee under Exception: Such a returnee is treated for the purposes of Article 6(b) as if they were a person who migrated from Pakistan to India.
- Pathway to Citizenship for Returnees: By being deemed a migrant from Pakistan, they could potentially acquire Indian citizenship by fulfilling the conditions of Article 6(b).
- Article 6(b) Link: This involves residence in India since migration (or since return under permit), application for registration as a citizen, and residence in India for at least six months immediately before the application.
- Context: Reflects the complex population movements and citizenship issues arising directly from the Partition of India.
- Nature: A transitional provision addressing the specific situation during the Partition period.
Additional Comments
- Article 7 is a direct consequence of the Partition and the resulting decision to treat migrants to Pakistan differently for citizenship purposes.
- It effectively cancelled the potential claims to Indian citizenship for those who moved to Pakistan after a certain date, regardless of whether they would have qualified under Article 5 (domicile).
- The proviso under Article 7, linked to Article 6(b), demonstrates an attempt to provide a legal framework for the return and potential integration of individuals who initially left but later decided to return to India, recognizing the complex human reality of displacement.
- The “permit for resettlement or permanent return” system was a crucial administrative tool implemented post-Partition to manage and regularize the return of displaced persons, and this article gives legal recognition to that process in the context of citizenship.
- Articles 5, 6, 7, and 8 together form the core framework for determining who was an Indian citizen at the commencement of the Constitution, addressing different categories of people connected to India and Pakistan.
Summary
Article 7 of the Indian Constitution provides that individuals who migrated from the territory of India to Pakistan after March 1, 1947, shall not be considered citizens of India, notwithstanding other provisions relating to citizenship at the commencement of the Constitution. An exception is made for persons who, after migrating to Pakistan, returned to India under a valid permit for resettlement or permanent return. Such returnees are treated, for the purposes of Article 6(b), as migrants who came to India from Pakistan, allowing them a pathway to acquire Indian citizenship under the registration process outlined in that article, provided they meet the necessary residency requirements. This article addresses the specific and challenging citizenship issues arising from the Partition of India.