Article 6 of the Indian Constitution

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either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and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.

Article 6 of the Indian Constitution sets out provisions for granting citizenship to certain persons who migrated to India from territories that became part of Pakistan following the partition of 1947. It formed a crucial element of the citizenship framework at the commencement of the Constitution, recognising the unique circumstances of migration during and after partition.

Overview and Scope

Article 6 specifically addresses the citizenship rights of migrants from Pakistan, defining eligibility for Indian citizenship as of 26 January 1950. It distinguishes between migrants based on the date of migration and the procedural requirements they must meet to be recognised as citizens.

Eligibility Criteria

Under Article 6, individuals migrating from Pakistan to India are deemed Indian citizens if:

• They or their parents or grandparents were born in India as defined under the Government of India Act, 1935.

The provision sets out two categories:

• Migrants before 19 July 1948: Must have been ordinarily resident in India since migration.
• Migrants on or after 19 July 1948: Required to register as a citizen of India with an appointed officer before the Constitution came into force.

Registration Process

For those migrating on or after 19 July 1948, the Constitution required an application to be made to an officer appointed by the Government of India. The application had to be in the prescribed form and manner, and the applicant must have been resident in India for at least six months immediately preceding the date of application.

Key Terms

• Ordinarily resident: Refers to a person living in India for an extended period, with an intention to remain, rather than a temporary visitor.
• Registered as a citizen: The formal recognition of an individual as a citizen following the due application process.

Judicial Interpretation

Although Article 6 itself has not been the primary subject of many Supreme Court rulings, its interpretation has been shaped by broader constitutional principles laid down in landmark cases:

• Keshavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine, indirectly influencing the scope of citizenship provisions.
• Indira Gandhi v. Raj Narain (1975): Considered citizenship in relation to electoral rights.
• Maneka Gandhi v. Union of India (1978): Expanded the meaning of personal liberty, affecting the interpretation of citizenship rights.
• Mohd. Ahmed Khan v. Shah Bano Begum (1985): Discussed rights of individuals with implications for citizenship.
• S.R. Bommai v. Union of India (1994): Addressed federalism and its connection to citizenship rights.

Related Constitutional Provisions

Article 6 is closely linked with:

• Article 5: Citizenship for persons domiciled in India at the commencement of the Constitution.
• Article 7: Citizenship provisions for certain persons who migrated to Pakistan and later returned.
• Article 8: Citizenship rights for persons of Indian origin residing outside India.

Legislative Developments

The Citizenship Act, 1955 provided the legislative framework for acquiring and regulating citizenship in India, including provisions for registration and naturalisation. Over time, amendments to the Act have refined criteria and procedures, affecting the implementation of Article 6.

Contemporary Relevance

Article 6 continues to be significant in discussions about citizenship and migration, particularly in the context of the National Register of Citizens (NRC) and the Citizenship Amendment Act (CAA). These measures have reignited debates about historical migration patterns, legal eligibility, and the balance between humanitarian considerations and statutory requirements.