Actual Article
Article 7: Rights of citizenship of certain migrants to Pakistan
Notwithstanding anything in Articles 5 and 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 the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law, and every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.
UPSC Notes for Article 7
Explanation:
- Exclusion Clause: Article 7 specifies that individuals who migrated from India to Pakistan after March 1, 1947, are not considered citizens of India.
- Exception for Returnees: However, those who migrated to Pakistan but later returned to India with a permit for resettlement or permanent return are eligible for Indian citizenship, as per the criteria outlined in Article 6(b)(ii).
Key Points:
- Cut-off Date: March 1, 1947, is established as the cut-off date for considering migration from India to Pakistan.
- Permit Requirement: Returning migrants must have a legal permit for resettlement or permanent return to regain Indian citizenship.
- Alignment with Article 6: Returnees are subject to the same conditions as those who migrated to India from Pakistan after July 19, 1948.
Important Cases and Commissions Related to Article 7
Cases:
- Kulathil Mammu vs. State of Kerala (1966): Interpreted the conditions under which individuals migrating to Pakistan and returning to India can regain citizenship.
- Izhar Ahmad Khan vs. Union of India (1962): Examined the broader implications of migration and citizenship during the partition, impacting the interpretation of Article 7.
Commissions:
- L. M. Singhvi Committee on Citizenship (1993): Reviewed issues related to citizenship, including those impacted by historical migrations as addressed in Article 7.
Important Reports Related to Article 7
- Report of the Joint Parliamentary Committee on Citizenship Amendment Bill (2016): Discussed amendments related to citizenship, reflecting on historical migration patterns and their legal implications.
- Second Administrative Reforms Commission Report (2006): Considered the complexities of citizenship laws, including provisions related to partition migrants.
Anything Important Left Related to Article 7
- Context of Partition: Article 7 addresses the complexities arising from the mass migrations during the partition of India and Pakistan, ensuring clear legal guidelines for citizenship.
- Legal Framework: Establishes a structured legal framework for individuals who sought to return to India after initially migrating to Pakistan, emphasizing the importance of legal permits.
- Reintegration Mechanism: Provides a mechanism for the reintegration of individuals who chose to return to India, ensuring their rights and citizenship status are legally recognized.
By understanding Article 7, UPSC aspirants can gain insights into how the Indian Constitution handles the intricate issues of citizenship for individuals affected by the partition. This knowledge is crucial for both preliminary and main examinations, offering a comprehensive view of India’s legal and constitutional approach to citizenship.