Article 6 of the Indian Constitution: Citizenship at the Commencement of the Constitution
The Constitution of India is the supreme law of the country, and it lays down the framework for governance, rights, and duties of citizens. One of the most important aspects it addresses is citizenship. When the Constitution came into force on 26th January 1950, it was necessary to determine who would be considered citizens of the newly independent India. This was a challenging task because India had just been partitioned in 1947, which caused a huge movement of people across the borders of India and Pakistan. Millions of people migrated, leaving behind their homes and belongings, and governments on both sides had to decide who would belong to which nation.
Articles 5 to 11 in Part II of the Constitution of India deal with the concept of citizenship at the commencement of the Constitution. Among them, Article 6 is particularly important as it addresses the status of people who migrated to India from Pakistan after the partition. It sets out the rules about who would be considered a citizen of India and under what conditions.
This blog post will provide a detailed explanation of Article 6 of the Indian Constitution. We will discuss its background, meaning, scope, and importance. We will also look at how it has been interpreted, its relevance today, and its connection with other provisions of the Constitution. By the end of this article, you will have a clear understanding of what Article 6 means and why it is a key part of the constitutional provisions on citizenship.
Background of Article 6
To understand Article 6, we must first look at the historical context in which it was created. The Constitution of India was framed in the years immediately after independence in 1947. At that time, the country had gone through the traumatic experience of partition, where India was divided into two nations—India and Pakistan. The partition led to one of the largest migrations in history, with millions of Hindus, Sikhs, and other minorities moving from Pakistan to India, while many Muslims moved from India to Pakistan.
This migration was not orderly; it was marked by riots, violence, and fear. Entire families crossed borders, often losing their property, relatives, and livelihoods. In this uncertain environment, one pressing question was: who would be the citizens of India? The Constituent Assembly, which was drafting the Constitution, had to decide this issue carefully.
Articles 5 to 11 were inserted in Part II of the Constitution to deal with citizenship at the time of commencement. Article 5 dealt with people who were born in India, had parents born in India, or had lived in India for a certain period. Article 6 specifically dealt with those who migrated from Pakistan to India. Article 7, on the other hand, dealt with those who migrated from India to Pakistan but later returned. Therefore, Article 6 needs to be seen as part of this larger framework addressing migration during partition.
Text of Article 6
The text of Article 6 of the Indian Constitution is as follows:
"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) in the case where such person has so migrated before the 19th day of July 1948, he has been ordinarily resident in the territory of India since the date of his migration, or
(c) in the case where such person has so migrated on or after the 19th 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 thereof to such officer before the commencement of this Constitution in the form and manner prescribed by that Government."
This provision, though technical, can be broken down into simple parts to understand who exactly was given citizenship under Article 6.
Meaning of Article 6
Article 6 clarifies the conditions under which people who migrated from Pakistan to India would be considered citizens of India. It basically divides migrants into two categories depending on when they migrated.
The first category includes those who migrated before 19th July 1948. If such a person, or his parents or grandparents, were born in India as defined by the Government of India Act, 1935, and if the person was ordinarily resident in India after migration, then he or she would automatically be considered an Indian citizen when the Constitution came into force.
The second category includes those who migrated on or after 19th July 1948 but before 26th January 1950, the date when the Constitution came into effect. For these people, it was not enough just to migrate and reside in India. They had to apply for citizenship and be registered by a government officer. The application had to be made before the commencement of the Constitution.
Thus, Article 6 draws a line between early migrants and later migrants. Early migrants automatically became citizens if they satisfied certain conditions, while later migrants had to go through an application and registration process.
Importance of the Cut-Off Date of 19th July 1948
The cut-off date of 19th July 1948 is very significant in Article 6. This was the date when the Government of India introduced a special law called the Permit System for migrants coming from Pakistan. Before this date, people were moving across the borders in large numbers without much regulation. However, to control the flow and to distinguish genuine refugees from others, the government introduced permits for migration after 19th July 1948.
Therefore, those who migrated before 19th July 1948 were treated more leniently, as they were part of the immediate refugee crisis during partition. They were granted citizenship automatically if they were of Indian origin and had been residing in India. But those who migrated after the permit system came into force had to follow stricter rules. They needed to apply for registration and obtain official approval to be considered citizens.
This distinction ensured that citizenship was not granted indiscriminately and that there was a proper record of who entered India after the introduction of permits.
Conditions for Citizenship under Article 6
Article 6 lays down two main conditions for people migrating from Pakistan to India. The first condition is that either the person himself, or his parents, or his grandparents must have been born in India as defined in the Government of India Act, 1935. This requirement was included to ensure that only those with genuine roots in India would be considered.
The second condition depends on the time of migration. For people who came before 19th July 1948, it was necessary that they had been ordinarily residing in India since their migration. This showed that they had settled in India and intended to stay. For those who came on or after 19th July 1948, the additional requirement was registration. They had to make an application and be officially registered as citizens by a government officer.
These conditions strike a balance between humanitarian concerns—by accommodating partition refugees—and administrative control, by ensuring that only genuine migrants of Indian origin were granted citizenship.
Difference between Article 6 and Article 7
Article 6 deals with those who migrated from Pakistan to India. In contrast, Article 7 deals with people who migrated from India to Pakistan but later returned to India. Article 7 imposes stricter requirements because once a person had chosen to migrate to Pakistan, they were considered to have left India. To return and claim Indian citizenship, they had to fulfil special conditions and obtain permits for resettlement or permanent return.
Therefore, while Article 6 was somewhat generous in granting citizenship to migrants of Indian origin who came from Pakistan, Article 7 was stricter in dealing with those who had initially chosen to leave India but later wanted to come back. Together, these articles reflect the delicate balance the Constitution makers had to strike in the aftermath of partition.
Citizenship by Registration under Article 6
For those who migrated after 19th July 1948, Article 6 required registration for citizenship. This meant that such persons had to file an application with an officer appointed by the Government of India. The application had to be submitted before 26th January 1950. Only those who were registered were deemed citizens.
The registration requirement served multiple purposes. It created an official record of who had migrated, ensured that only genuine cases were considered, and allowed the government to exercise control over the inflow of people. This was particularly important because, after partition, the demographic balance of certain areas was highly sensitive, and unregulated migration could have caused instability.
Objectives Behind Article 6
The main objective of Article 6 was to deal with the large number of people migrating from Pakistan to India during and after partition. It aimed to provide citizenship to those who genuinely belonged to India and had migrated because of violence or fear. At the same time, it introduced safeguards to prevent misuse by people who did not have real connections to India.
Another objective was to recognise the humanitarian crisis created by partition. Millions of people had lost their homes and needed a new beginning. By granting them citizenship, the Constitution gave them legal security, a sense of belonging, and the ability to rebuild their lives in India.
Finally, Article 6 also aimed to maintain order by introducing a system of registration for later migrants. This ensured that the state had a record of migrants and could regulate the process in an organised manner.
Role of the Constituent Assembly Debates
The Constituent Assembly extensively debated the issue of citizenship. Leaders like Dr. B.R. Ambedkar, Jawaharlal Nehru, and others emphasised the need to balance compassion with practicality. On one hand, they recognised the plight of partition refugees who had suffered immense hardships. On the other, they were aware of the need to protect the interests of the Indian state and avoid uncontrolled migration.
The debates show that the framers of the Constitution were deeply conscious of the complexities of partition. They discussed issues such as the cut-off date, the role of registration, and the need to prevent fraudulent claims. The final version of Article 6 reflects this careful balance.
Article 6 and the Concept of Indian Citizenship
Article 6 is significant because it shaped the early idea of Indian citizenship. Unlike some countries where citizenship is based entirely on birth (jus soli) or descent (jus sanguinis), India adopted a mixed approach. Article 5 dealt with people born in India or residing there, while Article 6 dealt with migrants. Together, they show that Indian citizenship was inclusive but also controlled.
By granting citizenship to migrants of Indian origin, Article 6 reinforced the idea that India was a natural home for those who shared its cultural and ancestral ties. At the same time, by requiring residence or registration, it ensured that citizenship was not given without commitment to India.
Relevance of Article 6 Today
Although Article 6 was meant to deal with citizenship at the commencement of the Constitution, its historical importance continues even today. Many later laws on citizenship, such as the Citizenship Act of 1955 and its amendments, draw inspiration from the principles laid down in Articles 5 to 11. The challenges of migration, refugee crises, and determining who is a citizen remain relevant in modern India.
Article 6 also serves as a reminder of the humanitarian approach of the Constitution. It shows how the framers responded to a massive crisis by creating a legal framework that combined compassion with order. This spirit continues to guide debates on citizenship even in contemporary times.
Judicial Interpretations
Over the years, the judiciary has interpreted Article 6 in various cases, especially when disputes arose about whether a person was a citizen of India at the commencement of the Constitution. Courts have emphasised the importance of proving residence, origin, and registration. They have also clarified that Article 6 applied only to those who migrated before 26th January 1950 and not afterwards, as later migrants would be governed by other laws like the Citizenship Act.
Judicial decisions underline the fact that Article 6 was a transitional provision, meant to address the unique situation of partition, and not a permanent rule for future citizenship.
Article 6 as a Transitional Provision
It is important to note that Article 6 was never meant to apply indefinitely. It only applied to people who migrated from Pakistan to India before the commencement of the Constitution on 26th January 1950. After that date, citizenship was governed by the Citizenship Act of 1955 and other subsequent laws. Therefore, Article 6 is a transitional provision that played a vital role in the early years of independence but no longer applies to new cases today.
Article 6 and Humanitarian Concerns
The framing of Article 6 shows the sensitivity of the Constitution makers towards humanitarian concerns. Partition had uprooted millions, and people were looking for safety and a sense of belonging. By granting citizenship to migrants of Indian origin, the Constitution gave them not only legal recognition but also dignity and security.
It must be remembered that many refugees who came to India had lost everything. Article 6 ensured that at least their legal status was secure, and they were not left stateless. This humanitarian spirit is one of the most important aspects of Article 6.
Article 6 and National Security
At the same time, Article 6 also reflects the concern for national security and order. The requirement of registration for those who migrated after 19th July 1948 shows that the government wanted to regulate the inflow of people. This was essential to prevent misuse, infiltration, or fraudulent claims. Thus, Article 6 balanced humanitarian concerns with the need to protect the integrity and security of the new Indian state.
Article 6 in Comparison with Other Countries
The way India handled partition migrants through Article 6 can be compared with how other countries have handled refugee crises. Many countries either grant citizenship automatically to refugees of common descent or require long-term residence before granting citizenship. India’s approach was unique in that it combined both automatic citizenship for early migrants and registration for later migrants. This flexible approach helped manage one of the largest migrations in history.
Legacy of Article 6
Although Article 6 no longer directly applies, its legacy continues in Indian citizenship law and policy. It set a precedent for balancing compassion and control in matters of migration. It also reflected the inclusive idea of India as a home for people of Indian origin, regardless of where they were forced to go during partition.
Today, when debates on citizenship and migration arise, Article 6 is often remembered as an example of how India dealt with one of the most difficult moments in its history with sensitivity and foresight.
Conclusion
Article 6 of the Indian Constitution is one of the most important provisions relating to citizenship at the commencement of the Constitution. It addressed the complex issue of people migrating from Pakistan to India after partition and laid down the conditions under which they would be considered citizens of India. By distinguishing between those who migrated before and after 19th July 1948, it balanced humanitarian needs with administrative control.
The article ensured that millions of refugees who had lost everything during partition could find a new life in India with the security of citizenship. At the same time, it introduced safeguards like residence and registration to maintain order and prevent misuse.
Even though Article 6 was a transitional provision and does not apply today, its historical importance is immense. It reflects the compassion of the Constitution makers, their awareness of ground realities, and their ability to frame balanced laws. Its legacy continues to inspire debates on citizenship and reminds us of the values of inclusiveness, security, and dignity that are central to the Indian Constitution.
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