THE PEEPAL TREE

Just as Article 6 of the Constitution explains how a person migrating from Pakistan to India can become eligible for Indian citizenship, in the same way, Article 7 of the Constitution talks about those who migrated from India to Pakistan and under what conditions they may or may not be considered citizens of India. What does Article 7 say? “Rights of citizenship of certain migrants to Pakistan.— Notwithstanding anything in Articles 5 and 6 , a person who has after the 1st 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 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.” Explanation of Article 7 Article 7 of the Indian Constitution is about those persons who, afte...

Article 6 of the Indian Constitution talks about those people who came to India from Pakistan. We know that India became independent on 15th August 1947 , and just a day before, on 14th August 1947 , Pakistan was formed as a separate nation from India . So, this Article addresses those important possibilities where a person came from Pakistan to reside in India and under what conditions they would be eligible for Indian citizenship . Explanation of Article 6 Article 6 of the Constitution states that a person who came to India from Pakistan after the partition of the country shall be considered an Indian citizen under the following conditions: a. He, or either of his parents or grandparents, was born in India as defined under the Government of India Act, 1935 . b. A person who came to India before 19th July 1948 and has been residing in India continuously. Or, a person who came after 19th July 1948 but under special circumstances such as being appointed as an officer, or u...

  Part 2 of the Constitution includes Articles 5 to 11, which deal with the subject of citizenship. Article 5 of the Constitution defines who shall be considered a citizen of India. Since the Constitution of our country came into effect on 26th January 1950, this date became the basis for citizenship. So, let’s understand what Article 5 of the Constitution says. Article 5 Citizenship at the commencement of the Constitution: At the commencement of this Constitution , every person who has his domicile in the territory of India and – (a) was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India . Explanation of Article 5 Article 5 of the Constitution states that from the commencement of the Constitution, every person who has his domicile in the territory of India,...