Constitution of India · Section Article 6
Rights of citizenship of certain persons who have migrated to India from Pakistan
Article 6 — Rights of citizenship of certain persons who have migrated to India from Pakistan
- 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in India as defined in the Government of India Act, 1935 (as originally
enacted); and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 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.
Plain English Summary
This article determines who is automatically considered a citizen of India if they moved to India from Pakistan, based on whether their family was born in India or if they met specific residency and registration requirements before the Constitution came into effect. It sets out the conditions under which certain migrants are granted Indian citizenship.
Key Points
- A person migrating from Pakistan is deemed a citizen of India if they or their parents/grandparents were born in India under the Government of India Act, 1935.
- If the migration happened before July 19, 1948, residency in India since migration is sufficient.
- If the migration happened on or after July 19, 1948, registration as a citizen by an authorized officer was required.
- A person must have been resident in India for at least six months before applying for registration.
Why It Matters
This article established the initial framework for granting citizenship to certain individuals who moved from Pakistan to India, forming an early part of India's constitutional structure regarding citizenship.
Landmark Judgements
No major landmark judgements.