Article 7 of the Indian Constitution: Citizenship for Persons Who Migrated to Pakistan
Introduction
Article 7 of the Indian Constitution deals with the citizenship status of individuals who migrated to Pakistan but later returned to India. It addresses a unique category of people who left India during or after Partition but wished to come back and settle in India. While Article 6 granted citizenship to migrants who moved from Pakistan to India, Article 7 introduced stricter conditions for those who initially left for Pakistan and later returned.
.png "Article 7 of the Indian Constitution deals with the citizenship status of individuals who migrated to Pakistan but later returned to India. It addresses a unique category of people who left India during or after Partition but wished to come back and settle in India. While Article 6 granted citizenship to migrants who moved from Pakistan to India, Article 7 introduced stricter conditions for those who initially left for Pakistan and later returned.")
Text of Article 7
Rights of citizenship of certain migrants to Pakistan:
"Notwithstanding anything in Article 5 and Article 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 Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of the Government of India."
Key Features of Article 7
1. Covers People Who Migrated to Pakistan After March 1, 1947
- Any person who migrated to Pakistan after March 1, 1947, lost their right to Indian citizenship.
- This provision ensured that those who chose Pakistan over India could not later claim Indian citizenship as a right.
2. Exception for Those Who Returned With a Government Permit
- If a person migrated to Pakistan but later returned to India, they were not automatically granted Indian citizenship.
- They had to return under a permit for resettlement or permanent return, issued by the Government of India.
- Without this permit, their claim to Indian citizenship was not valid.
3. Different Treatment Compared to Article 6
- While Article 6 granted citizenship to migrants from Pakistan, Article 7 imposed stricter conditions on those who had once left India.
- This difference reflected the belief that those who initially chose Pakistan had given up their Indian citizenship rights.
Why Was Article 7 Introduced?
1. Partition and Mass Migration
- The Partition of India in 1947 caused large-scale migration between India and Pakistan.
- Some people who moved to Pakistan later wanted to return to India, creating citizenship complications.
2. Preventing Dual Allegiances
- Since Pakistan became a separate country, the Indian government wanted to avoid granting citizenship to those who had initially chosen Pakistan.
- This was meant to prevent conflicts of loyalty and maintain national security.
3. Regulating Citizenship and Security Concerns
- Resettlement in India required government approval, ensuring that only genuine returnees were granted citizenship.
- This helped in preventing unauthorized movement and potential security risks.
Comparison with Other Citizenship Articles
| Article | Citizenship Provision |
|---|---|
| Article 5 | Grants citizenship to persons domiciled in India on January 26, 1950. |
| Article 6 | Grants citizenship to migrants from Pakistan who arrived before or after July 19, 1948. |
| Article 7 | Denies citizenship to those who migrated to Pakistan after March 1, 1947, unless they returned with a resettlement permit. |
| Article 8 | Grants citizenship to Indians living abroad. |
Challenges and Issues Related to Article 7
1. Difficulties in Proving Resettlement
- Many people who returned to India faced issues in obtaining proper documents to prove they had a government-issued resettlement permit.
2. Legal Complications in Citizenship Cases
- Some individuals who migrated to Pakistan but later returned found it difficult to regain Indian citizenship due to bureaucratic hurdles.
- Courts had to deal with many cases where people claimed they had the right to Indian citizenship despite migrating to Pakistan.
3. Citizenship Debates in Border States
- States like Punjab, Rajasthan, and West Bengal had a large number of returnees from Pakistan.
- Citizenship issues related to Partition refugees remained controversial for decades.
Legal Developments and Relevance Today
- The Citizenship Act, 1955, introduced provisions for citizenship by registration and naturalization, which helped people who returned from Pakistan.
- NRC (National Register of Citizens) and citizenship debates in states like Assam are linked to historical concerns about migration and citizenship verification.
- Citizenship Amendment Act (CAA), 2019, created a new pathway for persecuted religious minorities from Pakistan, but it does not cover those who voluntarily migrated and later returned.
Conclusion
Article 7 of the Indian Constitution was introduced to ensure that those who migrated to Pakistan could not automatically reclaim Indian citizenship unless they returned with government permission. This provision reflected India's strict approach towards citizenship and national security after Partition.
While the direct application of Article 7 ended after January 26, 1950, its principles continue to shape citizenship laws and policies in India today.
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