Introduction

The Indian Constitution, enacted in 1950, is the supreme law of the land that governs the rights, duties, and responsibilities of Indian citizens. Among its many provisions, Article 6 specifically addresses the rights of citizenship for certain individuals who migrated to India from Pakistan.

Background

During the partition of India in 1947, millions of people were displaced as the subcontinent was divided into two separate nations: India and Pakistan. The migration of people across the newly drawn borders led to numerous challenges, including the question of citizenship for those who had left their homes and moved to the other side.

Article 6: Rights of Citizenship

Article 6 of the Indian Constitution provides a framework for granting citizenship to individuals who migrated to India from Pakistan. It states:

"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:

1. he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and
2. 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, and
3. 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."

Explanation: In this article, the expression "the territory now included in Pakistan" means the territory which on the fifteenth day of August, 1947, was comprised in Pakistan."

Key Provisions of Article 6

Let's break down the key provisions of Article 6:

1. Birth in India: To be considered a citizen under Article 6, an individual or their parents or grandparents must have been born in India as defined in the Government of India Act, 1935. This provision ensures that individuals with a historical connection to India are eligible for citizenship.
2. Ordinary Residence: If a person migrated to India from the territory now included in Pakistan before July 19, 1948, they must have been ordinarily resident in India since the date of their migration. This requirement aims to establish a continuous presence in India for a specific period.
3. Registration: For those who migrated on or after July 19, 1948, they must have been registered as a citizen of India by an officer appointed by the Government of the Dominion of India. This registration process required an application to be made before the commencement of the Indian Constitution in the prescribed form and manner.

Explanation and Interpretation

The explanation provided in Article 6 clarifies that the expression "the territory now included in Pakistan" refers to the territory that was comprised in Pakistan on August 15, 1947, the day of India's independence. This explanation ensures that the article applies to individuals who migrated from the specific territory that became part of Pakistan.

It is important to note that Article 6 is not applicable to individuals who migrated from East Pakistan (now Bangladesh) after the formation of Bangladesh in 1971. The rights of citizenship for individuals from Bangladesh are covered under a separate provision, Article 7 of the Indian Constitution.

Conclusion

Article 6 of the Indian Constitution plays a crucial role in determining the rights of citizenship for individuals who migrated to India from Pakistan during the partition. By outlining specific criteria such as birth in India, ordinary residence, and registration, this article ensures that those with a historical connection to India can claim their citizenship rights.

Understanding the provisions and implications of Article 6 is essential for both legal professionals and individuals seeking clarity on their citizenship status. By upholding the principles of inclusivity and recognizing the challenges faced during the partition, the Indian Constitution aims to provide a fair and just framework for citizenship in a diverse and multicultural nation.