Article 6 of the Indian Constitution: Rights of citizenship of certain persons who have migrated

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 deals with the rights of individuals who migrated to India from Pakistan after the partition of the country in 1947. It provides provisions for determining their citizenship status and ensuring their rights and protection as Indian citizens. To fully understand Article 6, it is necessary to examine its provisions, historical context, interpretation, and significance in shaping the Indian citizenship framework.

 

Introduction:

Article 6 is a significant provision of the Indian Constitution that addresses the citizenship concerns of individuals who migrated to India from Pakistan after the partition. The partition of India in 1947 resulted in mass migrations and the displacement of millions of people, leading to the need for a legal framework to determine the citizenship status of those affected.

 

Historical Background:

The partition of India in 1947 was a traumatic event that resulted in the division of the subcontinent into two separate nations: India and Pakistan. The partition was accompanied by widespread violence, communal tensions, and the displacement of millions of people across newly drawn borders.

The migration during the partition created a complex situation regarding citizenship. People who chose to move from what became Pakistan to India faced uncertainty about their legal status and the rights they would be entitled to in their new homeland. Article 6 was included in the Indian Constitution to address these concerns and ensure the protection and rights of those who migrated.

 

Provisions of Article 6:

Article 6 of the Indian Constitution states:

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either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and

(b) 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

(c) 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 therefore to such officer."

The provision outlines the criteria for individuals who migrated from the territory that became Pakistan to be considered Indian citizens. These criteria include:

1. Birth in India: The individual or their parents or any of their grandparents should have been born in India as defined in the Government of India Act, 1935 (as originally enacted). This criterion recognizes the historical context and acknowledges the connection of the individual or their ancestors to the Indian territory.

2. Ordinary Residence: If the person migrated to India before July 19, 1948, they must have been ordinarily resident in the Indian territory since the date of their migration. This condition emphasizes the need for a continuous residence in India to establish a stronger connection to the country.

3. Registration: If the person migrated to India 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 requirement ensures a formal process of registration to ascertain and verify the citizenship status of individuals who migrated at a later stage.

 

Interpretation and Significance:

The interpretation and significance of Article 6 have evolved through judicial pronouncements, constitutional amendments, and subsequent legislation. The Supreme Court of India has played a crucial role in interpreting and clarifying the provisions of Article 6 in various cases.

One notable case that influenced the interpretation of Article 6 is the Sarbananda Sonowal v. Union of India (2005) case. The Supreme Court ruled that individuals who migrated from Bangladesh to India after the cut-off date of March 24, 1971, would be considered illegal migrants and would not be entitled to the benefits of citizenship under Article 6. This decision highlighted the need to establish a clear timeline for determining citizenship and preventing illegal migration.

It is important to note that Article 6 has been supplemented by subsequent legislation and amendments, particularly the Citizenship Act of 1955. The Citizenship Act provides further details and procedures for acquiring, registering, and renouncing Indian citizenship, including provisions related to individuals who migrated from Pakistan. These legislative measures have contributed to the implementation and practical application of the provisions of Article 6.

 

Conclusion:

Article 6 of the Indian Constitution addresses the citizenship concerns of individuals who migrated from Pakistan to India after the partition. It provides provisions for determining their citizenship status and ensuring their rights and protection as Indian citizens. The provision recognizes the historical context and the challenges faced by those who were displaced during the partition.

The interpretation and significance of Article 6 have evolved through judicial pronouncements and subsequent legislation. It has played a significant role in shaping the citizenship framework in India and ensuring the rights of individuals who migrated during the partition.

As India continues to address issues related to citizenship, including the challenges posed by illegal migration, Article 6 will remain a fundamental provision that upholds the principles of inclusivity, justice, and protection of the rights of individuals affected by migration. It serves as a testament to the commitment of the Indian Constitution in providing a framework for the citizenship rights of all individuals within its territory.

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