Answer By law4u team
Constitution Of India Article 6: Rights of Citizenship of Certain Persons Who Have Migrated to India from Pakistan
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either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and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 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
- (b)(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.
Brief Detail
Article 6 of the Constitution of India provides citizenship to individuals who migrated to India from Pakistan under certain conditions. It specifies criteria based on the time of migration, residency, and registration requirements, along with a provision for ancestral connection to India as defined under the Government of India Act, 1935.
Question
Q1: Who qualifies for citizenship under Article 6?
A1: A person who migrated to India from Pakistan, has an ancestral connection to India, and meets the residency or registration requirements qualifies for citizenship under Article 6.
Q2: What is the significance of July 19, 1948, in Article 6?
A2: Individuals who migrated before July 19, 1948, qualify for citizenship if they have been ordinarily resident in India since their migration. Those who migrated on or after this date need to be registered as citizens.
Q3: What are the residency requirements for registration as a citizen under Article 6?
A3: A person must have been resident in India for at least six months immediately before the date of their application for registration as a citizen.
Example
Example 1: A person who migrated to India from Pakistan before July 19, 1948, and has lived in India continuously since then, would be considered a citizen under Article 6.
Example 2: A person who migrated to India after July 19, 1948, would need to apply for registration as a citizen and must have resided in India for six months prior to the application.
Summary
Article 6 establishes the rights of citizenship for individuals who migrated from Pakistan to India. It emphasizes ancestral connection, residency duration, and registration processes based on the date of migration.
