Article 6 of the Indian Constitution: Citizenship for Migrants from Pakistan
Introduction
Article 6 of the Indian Constitution deals with citizenship rights for individuals who migrated to India from Pakistan. After the Partition of India in 1947, millions of people migrated between the newly created nations of India and Pakistan. To address the status of these migrants, Article 6 provided specific conditions under which those who migrated from Pakistan to India could be recognized as Indian citizens.
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Text of Article 6
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either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and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 migrated before the 19th day of July 1948, he has been ordinarily resident in the territory of India since his migration, or
(ii) in the case where such person has migrated on or after the 19th day of July 1948, he has been registered as a citizen of India by an officer appointed by the Government of India for that purpose, on an application made by him in that behalf 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."
Key Features of Article 6
1. Covers Only Migrants from Pakistan
- Article 6 specifically applies to migrants who moved to India from Pakistan after Partition.
- It does not apply to Indians who migrated to Pakistan (covered under Article 7) or Indian-origin people living elsewhere (covered under Article 8).
2. Citizenship Criteria Based on Ancestry
- A person could be granted Indian citizenship if:
- They, their parents, or their grandparents were born in India (as defined in the Government of India Act, 1935).
3. Two Categories of Migrants Based on Date of Migration
(A) Migrants Who Came Before July 19, 1948
- If a person migrated to India before July 19, 1948, they were automatically granted Indian citizenship.
- No formal registration was required.
- They only needed to be ordinarily residing in India since their migration.
(B) Migrants Who Came On or After July 19, 1948
- Migrants arriving on or after July 19, 1948, had to meet additional conditions:
- They had to apply for registration as Indian citizens.
- The application had to be made before January 26, 1950 (the day the Constitution came into effect).
- They needed to have lived in India for at least six months before applying.
- The Indian Government had the discretion to approve or reject the application.
4. No Automatic Citizenship for Post-1948 Migrants
- Those who came after July 19, 1948, were not automatically given citizenship but had to apply and get approved.
- This distinction was made to regulate and control migration after a certain period following Partition.
Why is Article 6 Important?
1. Addressed Partition-Related Migration
- The Partition of India in 1947 led to the displacement of millions.
- Article 6 ensured that those who migrated due to religious violence, insecurity, or other reasons could secure Indian citizenship.
2. Created a Legal Framework for Citizenship
- It provided a clear legal basis for granting citizenship to migrants from Pakistan, preventing confusion.
- It helped define who was an Indian citizen at the commencement of the Constitution.
3. Established Precedents for Future Citizenship Laws
- The principles outlined in Article 6 influenced future citizenship laws in India, including the Citizenship Act, 1955.
- It set conditions for residence and registration that were later used in citizenship policies.
Comparison with Other Citizenship Articles
| Article | Citizenship Provision |
|---|---|
| Article 5 | Grants citizenship to persons domiciled in India on January 26, 1950. |
| Article 6 | Defines citizenship for migrants from Pakistan before and after July 19, 1948. |
| Article 7 | Deals with people who migrated to Pakistan but later returned to India. |
| Article 8 | Grants citizenship to Indians living abroad. |
Challenges and Issues Related to Article 6
1. Issue of Illegal Migration
- While Article 6 addressed legal migration from Pakistan, it did not account for undocumented migrants who entered India after 1950.
- This led to citizenship debates in Assam and other border states, where large numbers of migrants arrived later.
2. Difficulties in Proof of Residence
- Many migrants, especially those who were displaced due to violence, lacked proper documentation to prove their residence and ancestry.
- This created challenges in verifying claims for citizenship.
3. Citizenship Conflicts with Pakistan
- Pakistan also had its own citizenship laws, which sometimes conflicted with India's policies.
- Some people were caught in a legal limbo, being neither Indian nor Pakistani citizens.
Legal Developments and Relevance Today
- The Citizenship Act, 1955, replaced Article 6’s provisions for new migrants.
- The Assam Accord (1985) and NRC (National Register of Citizens) debates have links to migration-related citizenship issues.
- The Citizenship Amendment Act (CAA), 2019, introduced new pathways for migrants from Pakistan, Bangladesh, and Afghanistan, granting citizenship to persecuted religious minorities.
Conclusion
Article 6 of the Indian Constitution played a crucial role in defining citizenship for migrants from Pakistan after Partition. It ensured that individuals who had strong ancestral ties with India and migrated due to the trauma of Partition were granted Indian citizenship.
By setting different rules for pre-1948 and post-1948 migrants, Article 6 helped regulate migration while providing a fair chance for genuine migrants to become Indian citizens. Although its direct application ended after January 26, 1950, the principles behind Article 6 continue to influence Indian citizenship laws and debates today.
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