Article 6 of Constitution of India – Rights of citizenship of certain persons who have migrated to India from Pakistan
Article 6 of Constitution of India deals with Rights of citizenship of certain persons who have migrated to India from Pakistan
Original text of Article 6 of Constitution of India
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either of his parents or any of his grand-parents was born In India as defined in the Government of India Act, 1935 (as originally enacted); and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 the 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 the 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 that Government: Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.
Questions related to Article 6 of Constitution of India
Article 6 deals with people who migrated to India from Pakistan after the partition. It explains the conditions under which they could be granted Indian citizenship when the Constitution of India came into effect.
It depends on when the person migrated, whether they had legal documents like permits for resettlement, and if they had been residing in India for a certain period. These conditions are outlined in the Articles of Indian Constitution dealing with citizenship.
Not in practice. Article 6 applied at the commencement of the Constitution, mainly to address post-Partition migration. Today, the Citizenship Act, 1955 governs such matters, but Article 6 is still a key part of the Indian Constitution’s history.
Yes! On Indian Kanoon, you’ll find several case laws interpreting Article 6, especially those related to migrants, legal status, and historical citizenship disputes under the Constitution of India.
Article 5 gives citizenship to people living in India at the start of the Constitution. Article 6 is for migrants from Pakistan to India, while Article 7 covers those who migrated to Pakistan and returned. Together, these Articles of Indian Constitution define early citizenship laws.
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