Rights of Citizenship of Persons Who Migrated from Pakistan (Articles 6–7)
Indian Polity › Citizenship · Topic 5.2
Article 6 gave citizenship to migrants from Pakistan who had undivided-India ancestry, by residence before 19 July 1948 or registration after it. Article 7 let those who went to Pakistan after 1 March 1947 and returned register as citizens.
5 min read · UPSC Prelims · Polity · Citizenship
At a Glance
- What it is The rules for persons who migrated to India from Pakistan, and for those who migrated to Pakistan from India and later returned
- Article 6 Migrants from Pakistan to India
- Article 7 Persons who migrated to Pakistan after 1 March 1947 and later returned for resettlement
- Key dates 1 March 1947; 19 July 1948
- Exam link UPSC Prelims, Polity: Citizenship
Where Does It Fit?
Article 5 covered people domiciled in India. Articles 6 and 7 cover the movements of people between India and Pakistan at the time of the Partition. Both were rules for the commencement of the Constitution on 26 January 1950.
Who Migrated from Pakistan? (Article 6)
A person who migrated to India from Pakistan became an Indian citizen if he or she, or either of the parents, or any of the grandparents, was born in undivided India, and he or she also fulfilled one of two conditions.
| When did the person migrate to India? | Condition for citizenship |
|---|---|
| Before 19 July 1948 | Ordinarily resident in India since the date of migration |
| On or after 19 July 1948 | Registered as a citizen of India; registration was possible only if the person had been resident in India for six months before the date of the application |
The provision refers to migration before the commencement of the Constitution. The question of citizenship of persons who migrated after 26 January 1950 has to be decided under the provisions of the Citizenship Act, 1955.
Who Went to Pakistan and Returned? (Article 7)
A person who migrated to Pakistan from India after 1 March 1947, but later returned to India for resettlement, could become an Indian citizen. For this the person had to be resident in India for six months preceding the date of the application for registration. The provision refers to migration after 1 March 1947 but before 26 January 1950.
| Article | Persons covered | Key date or period |
|---|---|---|
| 6 | Migrants from Pakistan to India | 19 July 1948; six months’ residence for registration |
| 7 | Migrants from India to Pakistan who returned | After 1 March 1947; six months’ residence for registration |
What Happened to Later Migrants?
The constitutional provisions refer to migration before 26 January 1950. For later migrants the Citizenship Act, 1955 applies. The Citizenship (Amendment) Act, 1985 added special provisions for persons covered by the Assam Accord, which related to the foreigners’ issue.
| Person | Position under the Assam Accord provisions |
|---|---|
| Person of Indian origin who came to Assam from Bangladesh before 1 January 1966 and has been ordinarily resident in Assam since entry | Deemed a citizen of India from 1 January 1966 |
| Person of Indian origin who came to Assam on or after 1 January 1966 but before 25 March 1971 from Bangladesh, has been ordinarily resident in Assam since entry, and has been detected as a foreigner | Must register; deemed a citizen after ten years from the date of detection; same rights and obligations as a citizen in the meantime, except the right to vote |
How Do the Two Articles Fit with the Rest?
Taken with Articles 5 and 8, these provisions deal with the citizenship of persons domiciled in India, persons who migrated from Pakistan, persons who migrated to Pakistan but later returned, and persons of Indian origin residing outside India.
Why Is This Topic Important?
- Partition and citizenship These Articles explain how people displaced by the Partition were treated
- Date-based facts 19 July 1948, 1 March 1947 and the six-month period can be asked directly
What Came Next?
The next topic covers Article 8, on persons of Indian origin residing outside India.
Key People and Terms
- Undivided India India before the Partition, used to test descent
- Registration The route for migrants on or after 19 July 1948
- Resettlement The purpose of return in Article 7
- 19 July 1948 The dividing date in Article 6
Exam Corner
Points to Remember
- Article 6: migrants from Pakistan to India.
- Before 19 July 1948: ordinary residence since migration.
- On or after 19 July 1948: registration after six months’ residence.
- Article 7: migrated to Pakistan after 1 March 1947 and returned for resettlement.
- Migrants after 26 January 1950: Citizenship Act, 1955.
Do Not Confuse With
- Article 6 and Article 7 Article 6 covers movement into India from Pakistan; Article 7 covers those who went to Pakistan and returned
- Residence and registration Before 19 July 1948 residence sufficed; afterwards registration was needed
- Constitution and the 1955 Act Migration after 26 January 1950 falls under the Act
Memory Hook
6 comes, 7 returns: 19 July 1948 splits the migrants; 1 March 1947 marks the going.
Mains Angle
Questions touch on how the Constitution handled the Partition migrations. Use these points to add depth.
- Descent in undivided India Birth of the person, a parent or a grandparent in undivided India was the test
- Two-stage rule The 19 July 1948 date divided simple residence from registration
- Resettlement Article 7 allowed those who had gone to Pakistan to return and register
- Later migrants Migrants after commencement come under the Citizenship Act, 1955
A Question You May Face
An original practice question, not a past paper question.
“How did the Constitution deal with the citizenship of persons affected by the Partition?”
How to Answer
- Introduction Articles 5 to 8 and the Partition.
- Article 6 Descent in undivided India; the 19 July 1948 split.
- Article 7 Return for resettlement and six months’ residence.
- Conclusion Later migrants are governed by the Citizenship Act, 1955.
GS Relevance
Frequently Asked Questions
Who became a citizen under Article 6?
A person who migrated to India from Pakistan became a citizen if he or she, a parent or a grandparent was born in undivided India, and had been ordinarily resident since migration before 19 July 1948, or was registered as a citizen after that date.
What was the significance of 19 July 1948?
It was the dividing date for migrants from Pakistan. Those who migrated before it needed ordinary residence in India since migration; those who migrated on or after it had to be registered as citizens after six months of residence.
What does Article 7 provide?
Article 7 provides that a person who migrated to Pakistan from India after 1 March 1947 but later returned to India for resettlement could become an Indian citizen, by registration after being resident in India for six months before the application.
How long a residence was needed for registration?
For registration under these provisions a person had to have been resident in India for six months preceding the date of the application. This applied both to migrants from Pakistan on or after 19 July 1948 and to returnees from Pakistan.
What about people who migrated after 26 January 1950?
The question of the citizenship of persons who migrated after 26 January 1950 has to be decided under the provisions of the Citizenship Act, 1955, because the constitutional provisions refer only to migration before the commencement of the Constitution.
What is undivided India in this context?
Undivided India means India before the Partition. A migrant from Pakistan had to show that he or she, or a parent or a grandparent, was born in undivided India in order to claim Indian citizenship under Article 6.
How many classes of persons do Articles 5 to 8 cover?
They cover four classes of persons: those domiciled in India, those who migrated from Pakistan, those who migrated to Pakistan but later returned, and persons of Indian origin residing outside India, such as overseas Indians.
Does Article 7 apply to all who went to Pakistan?
No. It applies to persons who migrated to Pakistan after 1 March 1947 and later returned to India for resettlement. They had to register after six months of residence in India. Migration after 26 January 1950 falls under the Citizenship Act.
PYQ Practice — Statement Analysis
1 Article 6 deals with persons who migrated to India from Pakistan.
Article 7 deals with those who migrated to Pakistan and later returned.
2 Migrants from Pakistan on or after 19 July 1948 had to be registered as citizens.
They also needed six months of residence in India before applying.
3 A person who migrated to Pakistan before 1 March 1947 could return under Article 7.
Article 7 covers migration to Pakistan after 1 March 1947.
4 The six-month residence requirement applied to registration under Articles 6 and 7.
The residence had to precede the date of the application.
5 Migrants who came after 26 January 1950 are governed by Articles 6 and 7.
Their citizenship is decided under the Citizenship Act, 1955.
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