Article 6 of the Indian Constitution: Citizenship for Migrants from Pakistan
Article 6 of the Indian Constitution is a crucial provision that addresses the sensitive and complex issue of citizenship for people who migrated to India from Pakistan around the time of Partition. The Partition of 1947 resulted in one of the largest migrations in human history, with millions of people moving between the newly formed nations of India and Pakistan based on religious identity, security concerns, and personal safety.
This mass movement created significant legal and political challenges—one of the most pressing being the question of citizenship. Who would be considered an Indian citizen? Would migrants from Pakistan automatically get citizenship, or would they need to fulfill certain conditions?
The framers of the Constitution addressed these questions through Article 6. It lays down the rules for granting Indian citizenship to certain categories of people who migrated from Pakistan to India before and after the Constitution came into effect.
This provision is historically significant because it was crafted during a time of great political tension, communal violence, and humanitarian crisis. Understanding Article 6 is essential to grasp how India handled the citizenship issue during one of its most turbulent periods.
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Text of Article 6
The bare provision of Article 6 reads:
"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) 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
(b) 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 by the Government of the Dominion of India for that purpose; and
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."
Historical Context of Article 6
To understand the necessity of Article 6, it is important to go back to the events surrounding the Partition of India in 1947. The Indian Independence Act, 1947, divided British India into two separate nations—India and Pakistan.
The Partition caused an unprecedented displacement of people. Estimates suggest that over 14 million people crossed the borders—Hindus and Sikhs moved from Pakistan to India, while Muslims moved from India to Pakistan. The migration was accompanied by horrific communal violence, loss of property, and the uprooting of entire communities.
The Constituent Assembly faced a complex problem: many people from Pakistan had already moved to India by the time the Constitution was being drafted, while others continued to migrate even after the Partition. The Government had to decide under what conditions these migrants would be granted Indian citizenship.
The cut-off date of 19 July 1948 was not arbitrary—it marked the enforcement of a permit system for entry from Pakistan into India. Those who came before this date could claim citizenship more easily, while those arriving later had to undergo registration and fulfill residency requirements.
Understanding the Key Terms in Article 6
To interpret Article 6 correctly, it is necessary to understand certain legal terms:
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Migrated from Pakistan – This refers to any person who left the territory of Pakistan and came to India, whether due to fear, persecution, or voluntary relocation.
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Ordinarily Resident – This means that the person has made India their permanent home and is living here regularly, not merely for a short visit.
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Before 19 July 1948 – This is the first category of migrants who could obtain citizenship without registration, provided they were ordinarily resident since the date of migration.
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On or After 19 July 1948 – This refers to migrants who entered India after the permit system began. They needed to apply for registration to become citizens.
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Registration Officer – A government-appointed officer responsible for processing citizenship applications under this Article.
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Six Months Residency Requirement – Applicants for citizenship under the second category had to prove they had been living in India for at least six months before applying.
Citizenship Criteria under Article 6 – Explained with Examples
Article 6 divides migrants into two categories:
1. Migrants before 19 July 1948
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Criteria:
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Must have migrated from Pakistan to India before 19 July 1948.
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Must have been ordinarily resident in India since their arrival.
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Example:
If Ramesh, a Hindu living in Lahore (Pakistan), migrated to Delhi in October 1947 due to communal violence and continued living there till 26 January 1950, he automatically became an Indian citizen under Article 6(a).
2. Migrants on or after 19 July 1948
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Criteria:
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Must have migrated from Pakistan to India on or after 19 July 1948.
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Must have been registered as an Indian citizen by a government officer.
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Must have lived in India for at least six months before applying for registration.
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Example:
If Amarjit, a Sikh living in Rawalpindi, moved to Amritsar in October 1948, he would need to apply for registration, prove six months’ residence, and get official approval before being granted Indian citizenship.
Judicial Interpretation of Article 6
Indian courts have dealt with several cases interpreting the scope of Article 6.
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State of Bihar v. Kumar Amar Singh (1955) – The Supreme Court clarified that "ordinarily resident" meant a person’s regular place of living and intention to stay permanently in India.
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Abdul Sattar v. State of Gujarat (1965) – The court held that people entering India after the cut-off date without proper permits could not claim automatic citizenship under Article 6.
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Izhar Ahmad Khan v. Union of India (1962) – The court upheld the constitutional validity of the cut-off date and the registration requirement, ruling that these conditions were reasonable given the extraordinary circumstances of Partition.
Judicial interpretations have generally upheld the principle that Article 6 must be applied strictly to avoid misuse, while also recognizing its humanitarian intent.
Criticism of Article 6
While Article 6 was essential during the post-Partition period, it has faced certain criticisms:
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Cut-off Date Controversy – Critics argue that 19 July 1948 was too soon, leaving many migrants without a simple path to citizenship.
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Bureaucratic Hurdles – The registration process created delays and difficulties for genuine migrants seeking citizenship.
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Risk of Statelessness – Some people ended up stateless because they neither obtained Indian citizenship nor retained Pakistani nationality.
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Discrimination Allegations – There were claims that the provision indirectly favored certain religious communities, though the text itself is religion-neutral.
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Complex Documentation Requirements – Proving six months of residence or establishing the date of migration was often difficult for refugees who had lost all belongings.
Importance of Article 6 in Defining Indian Citizenship
Despite its limitations, Article 6 played a vital role in shaping the concept of Indian citizenship:
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Humanitarian Response – It offered legal recognition and protection to millions displaced by Partition.
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Nation-Building – By granting citizenship to migrants, India integrated them into its social, political, and economic life.
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Legal Clarity – It set clear criteria for determining citizenship in the immediate aftermath of Partition.
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Historical Significance – It reflected the balancing act between compassion for refugees and safeguarding the nation’s security.
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Foundation for Future Laws – It influenced the Citizenship Act, 1955, which governs citizenship matters today.
Key Features of Article 6
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Deals exclusively with migrants from Pakistan at the time of Partition.
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Provides two categories—pre and post 19 July 1948 migrants.
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Requires ordinary residence or registration for citizenship.
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Sets a six-month residency condition for late migrants.
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Was intended as a temporary, transitional provision for Partition-era migration.
Conclusion
Article 6 of the Indian Constitution stands as a testament to the challenges faced by India in the immediate aftermath of Partition. It was a compassionate yet practical attempt to deal with the unprecedented refugee crisis while maintaining the integrity of the new nation’s citizenship framework.
By differentiating between early and late migrants and introducing a registration requirement, the framers sought to balance humanitarian concerns with the need for order and control. While its relevance has faded over time, Article 6 remains an important chapter in India’s constitutional history, reflecting the struggles, compromises, and resilience of a nation in its formative years.
Related Posts
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Article 5 of the Indian Constitution – Citizenship at the Commencement of the Constitution
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Article 7 – Citizenship for Migrants to Pakistan
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The Citizenship Act, 1955 – Complete Guide
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Partition of India – Legal and Political Impact
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Domicile in Indian Law – Meaning and Importance
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