Which of the following Articles of the Constitution of India deals with the rights of citizenship of certain persons who have migrated to India from Pakistan?
Article 6
Understanding Citizenship Rights in the Indian Constitution
The Constitution of India, in Part II (Articles 5 to 11), outlines the provisions related to citizenship at the commencement of the Constitution (January 26, 1950). These articles determined who became a citizen of India on that date and also granted Parliament the power to legislate on citizenship matters.
Let's examine the relevant Articles concerning citizenship, particularly focusing on those related to migration during the partition of India.
Analysing Articles Related to Citizenship at Commencement
Several Articles in Part II of the Constitution address different scenarios for granting citizenship at the time the Constitution came into effect:
- Article 5: Deals with citizenship by domicile at the commencement of the Constitution.
- Article 6: Deals with the rights of citizenship of certain persons who have migrated to India from Pakistan.
- Article 7: Deals with the rights of citizenship of certain migrants to Pakistan (who later returned to India).
- Article 8: Deals with the rights of citizenship of certain persons of Indian origin residing outside India.
- Article 9: States that persons voluntarily acquiring citizenship of a foreign State cease to be citizens of India.
- Article 10: Deals with continuance of the rights of citizenship.
- Article 11: Empowers Parliament to regulate the right of citizenship by law.
Focus on Migrants from Pakistan: Article 6
The question specifically asks about the rights of citizenship for persons who migrated to India from Pakistan. This scenario is directly addressed by Article 6 of the Constitution of India.
Article 6 lays down conditions for two categories of migrants from Pakistan to become citizens of India at the commencement of the Constitution:
-
Persons who migrated to India from Pakistan before July 19, 1948. For these persons to be citizens, they or either of their parents or any of their grandparents must have been born in undivided India (as defined in the Government of India Act, 1935), and they must have been ordinarily residing in India since the date of their migration.
-
Persons who migrated to India from Pakistan on or after July 19, 1948. For these persons to be citizens, they or either of their parents or any of their grandparents must have been born in undivided India. In addition, they needed to be registered as citizens of India by an officer appointed by the Government of the Dominion of India for that purpose. The condition for registration was that the person must have been residing in India for at least six months immediately preceding the date of their application for registration.
Thus, Article 6 is the specific constitutional provision dealing with the citizenship rights of those who migrated to India from Pakistan during the partition period.
Why Other Options Are Not Correct
Let's briefly look at what the other options cover:
- Article 7: This Article deals with a different group of migrants – those who initially migrated from India to Pakistan after March 1, 1947, but later returned to India under a permit for resettlement or return. Their citizenship rights are covered under this Article, not Article 6.
- Article 8: This Article pertains to persons of Indian origin residing outside India. It allowed them to register as citizens of India if they or their parents or grandparents were born in undivided India, provided they registered with the Indian diplomatic or consular representative in the country where they were residing. This does not cover migration from Pakistan to India.
- Article 9: This Article deals with the loss of Indian citizenship for those who voluntarily acquire citizenship of a foreign state. It does not grant citizenship based on migration from Pakistan.
Based on the specific wording of the question regarding migration from Pakistan to India, Article 6 is the correct provision.
Revision Table: Key Articles on Citizenship at Commencement
| Article No. | Subject Matter | Relates to Migration from Pakistan to India? |
|---|---|---|
| Article 5 | Citizenship by domicile in India | Indirectly, but not specifically for migrants from Pakistan. |
| Article 6 | Rights of migrants from Pakistan to India | Yes, specifically deals with this group. |
| Article 7 | Rights of migrants to Pakistan who returned to India | No, deals with migration in the other direction (initially to Pakistan). |
| Article 8 | Rights of persons of Indian origin residing outside India | No, deals with those outside India, not migrants from Pakistan. |
| Article 9 | Persons voluntarily acquiring citizenship of a foreign State not to be citizens | No, deals with loss of citizenship. |
Additional Information on Indian Citizenship
While Part II of the Constitution (Articles 5-11) dealt with citizenship at the commencement of the Constitution, Parliament has the power under Article 11 to make laws related to citizenship. The most significant law enacted by Parliament is the Citizenship Act, 1955. This Act provides for the acquisition and termination of Indian citizenship after the commencement of the Constitution. The Citizenship Act, 1955, provides for citizenship by:
- Birth
- Descent
- Registration
- Naturalisation
- Incorporation of territory
Understanding both the constitutional provisions (Articles 5-11) and the Citizenship Act, 1955, is crucial for a complete picture of citizenship in India.
In summary, the constitutional article specifically addressing the citizenship rights of individuals who migrated to India from Pakistan at the time of the Constitution's commencement is Article 6.
Similar Questions
In which year was the Indian ‘Wildlife (Protection) Act’ implemented?
As per which of the following Articles of the Constitution of India does the Supreme Court stand at the apex of the judicial system of the country?
How many Fundamental Duties are given in the Constitution?
While adopting the Constitution of India in 1949, by which Article of the Constitution of India, the Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the latter Act, EXCEPT the Abolition of Privy Council Jurisdiction Act, 1949 was repealed?
Which is NOT a unitary feature of the Constitution of India?
Which is NOT a Fundamental Duty?
Which Constitutional amendment added the words, Socialist and Secular in the Preamble?
The State Policy Directive Principles are some of the ideas outlined in Articles 36 through ____________ of the Constitution of India.
Which Articles of the Constitution of India have laid down religious freedom, including the freedom to wear religious clothing?
To which part of the Constitution of India was the Right to Property added after it was omitted from the chapter of the Fundamental Rights?
Important Questions from Basics of Constitution
Which article of Indian constitution is related with Official language of the Union?
In which year was the Indian ‘Wildlife (Protection) Act’ implemented?
Which article of the Indian constitution was called the 'heart and soul' of the constitution by Dr. B. R. Ambedkar?
Which of the following Articles ensures to provide free and compulsory education to all children in the age group of six to fourteen years as a Fundamental Right to Education?
Who replaced Sachchidananda Sinha as Chairman of the Constituent Assembly of India?
