Rights of citizenship of certain migrants to Pakistan
Article 7 — Rights of citizenship of certain migrants to Pakistan
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 after the nineteenth day of July, 1948.
Plain English Summary
This article states that if someone moves from India to Pakistan after March 1, 1947, they are not considered a citizen of India. However, there is an exception for those who return to India with permission to settle or permanently return.
Key Points
- A person migrating from India to Pakistan after March 1, 1947, is not considered a citizen of India.
- This rule does not apply if the person returns to India under a permit for resettlement or permanent return.
- Such a person returning to India is treated as having migrated to India after July 19, 1948, for citizenship purposes.
Why It Matters
This article establishes a clear legal distinction regarding citizenship status based on migration between India and Pakistan post-partition.
Landmark Judgements
No major landmark judgements.