Article 7 of the Indian Constitution

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.

Article 7 of the Constitution of India addresses the citizenship status of individuals who migrated to Pakistan during the partition of 1947. It sets specific rules for determining eligibility for Indian citizenship among those impacted by one of the largest migrations in modern history.

Key Provisions

Article 7 designates 1 March 1947 as the critical date for determining the effect of migration on citizenship:

• Exclusion Clause: Persons who migrated from India to Pakistan after this date are generally not considered Indian citizens.
• Exception for Returnees: Those who returned to India with a valid permit for resettlement or permanent return are exempted from the exclusion. They are treated as migrants to India after 19 July 1948 and may qualify for citizenship under the provisions of Article 6.
• Return Clause: The lawful permit must authorise resettlement or permanent return, ensuring the applicant’s intention to reside permanently in India.

Related Constitutional Provisions

Article 7 operates alongside other citizenship provisions in Part II of the Constitution:

• Article 5: Citizenship at the commencement of the Constitution for persons domiciled in India.
• Article 6: Citizenship for persons migrating to India from Pakistan under certain conditions.

Legislative Context

The Citizenship Act, 1955 serves as the primary legislative framework for acquiring and regulating citizenship in India. It has been amended multiple times to address evolving challenges regarding migration and citizenship, providing procedural clarity for cases falling within Article 7.

Judicial Interpretation

While Article 7 has not been the primary focus of many landmark cases, its application has been shaped by broader constitutional rulings:

• Keshavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine, indirectly safeguarding citizenship rights.
• Indira Gandhi v. Raj Narain (1975): Considered citizenship in the context of electoral rights.
• Maneka Gandhi v. Union of India (1978): Expanded personal liberty protections, affecting interpretations of citizenship-related rights.
• Mohd. Ahmed Khan v. Shah Bano Begum (1985): Discussed individual rights with indirect relevance to citizenship issues.

Courts have also examined the validity of permits for resettlement and their implications for citizenship under Article 7.

Contemporary Relevance

Debates on citizenship for migrants from Pakistan and other neighbouring countries continue, especially in the context of the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). These developments have renewed focus on the constitutional provisions framed during partition.

Implications

By defining clear rules for the exclusion and inclusion of certain migrants, Article 7 ensures a legal framework that balances humanitarian considerations with the need for statutory clarity. It plays a vital role in adjudicating citizenship claims arising from partition-era migration.