Actual Article
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either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and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 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.
UPSC Notes for Article 6
Explanation:
- Historical Context: Article 6 addresses the citizenship of individuals who migrated from Pakistan to India after the partition in 1947.
- Eligibility Criteria: Two key criteria must be met for such individuals to be considered citizens at the commencement of the Constitution:
- Birth in India: The individual, or their parents or grandparents, must have been born in undivided India as defined by the Government of India Act, 1935.
- Migration Date:
- Migrated before July 19, 1948: Must have been ordinarily resident in India since migration.
- Migrated on or after July 19, 1948: Must be registered as a citizen by the appropriate government authority, with a residency requirement of six months before applying for registration.
Key Points:
- Inclusivity: Ensures that those displaced by the partition are granted citizenship, reflecting a compassionate and inclusive approach.
- Residency Requirement: Establishes clear residency requirements for those migrating after a specific date.
- Registration Process: Outlines the need for a formal registration process for late migrants, ensuring legal documentation and proper records.
Important Cases and Commissions Related to Article 6
Cases:
- Izhar Ahmad Khan vs. Union of India (1962): Examined the status and rights of individuals migrating from Pakistan under Article 6, affirming their citizenship if conditions were met.
- Kulathil Mammu vs. State of Kerala (1966): Addressed issues related to the citizenship of migrants under Article 6, clarifying legal interpretations.
Commissions:
- L. M. Singhvi Committee on Citizenship (1993): Discussed the rights and status of various categories of citizens, including those affected by migration during the partition.
Important Reports Related to Article 6
- Report of the Joint Parliamentary Committee on Citizenship Amendment Bill (2016): Discussed proposed amendments to citizenship laws, reflecting on historical provisions like Article 6.
- Second Administrative Reforms Commission Report (2006): Touched upon citizenship issues, including those arising from historical migrations.
Anything Important Left Related to Article 6
- Long-term Impact: Article 6 set the foundation for addressing citizenship issues arising from partition, influencing later amendments and policies.
- Legal Clarifications: Subsequent legal interpretations and court rulings have helped clarify and implement the provisions of Article 6.
- Cultural Integration: Article 6 facilitated the integration of millions of migrants into Indian society, contributing to the nation’s demographic and cultural diversity.
By understanding Article 6, UPSC aspirants can gain insights into how the Indian Constitution addresses complex issues of citizenship arising from historical events like the partition. This knowledge is crucial for both preliminary and main examinations, offering a comprehensive view of India’s legal and constitutional framework.