Article 6 of The Constitution of India (Original Text):
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either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and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.
Explanation-Article 6 of The Constitution of India:
This article outlines the citizenship rights for persons migrating from Pakistan to India, specifying the conditions that must be met for them to be considered citizens of India at the commencement of the Constitution.
Citizenship Rights for Persons Migrating from Pakistan
- Scope of Provision:
- Despite the provisions of Article 5, a person migrating to India from the territory now included in Pakistan shall be considered a citizen of India at the commencement of this Constitution if certain conditions are met.
- Qualification Criteria:
- The person or their parents/grandparents must have been born in India as defined in the Government of India Act, 1935.
- Additionally, the following conditions apply:
- If the migration occurred before July 19, 1948, the person must have been ordinarily resident in the territory of India since the date of migration.
- If the migration occurred on or after July 19, 1948, the person must have been registered as a citizen of India by an officer appointed by the Government of the Dominion of India. This registration should have been done before the commencement of this Constitution and in accordance with the prescribed form and manner.
- Furthermore, the person must have been resident in the territory of India for at least six months immediately preceding the date of their application for registration.
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