Article 7 of the Indian Constitution: Citizenship for Persons Who Migrated to Pakistan
Article 7 of the Indian Constitution deals with the citizenship status of individuals who migrated to Pakistan but later returned to India. It addresses a unique category of people who left India during or after Partition but wished to come back and settle in India. While Article 6 granted citizenship to migrants who moved from Pakistan to India, Article 7 introduced stricter conditions for those who initially left for Pakistan and later returned.
.png "Article 7 of the Indian Constitution deals with the citizenship status of individuals who migrated to Pakistan but later returned to India. It addresses a unique category of people who left India during or after Partition but wished to come back and settle in India. While Article 6 granted citizenship to migrants who moved from Pakistan to India, Article 7 introduced stricter conditions for those who initially left for Pakistan and later returned.")
The Constitution of India lays down the legal framework for citizenship in Part II (Articles 5 to 11). Among these, Article 7 specifically addresses the citizenship status of individuals who migrated to Pakistan during the period surrounding India’s independence and Partition in 1947.
The Partition of India was one of the most significant and traumatic events in the subcontinent’s history. It led to massive population exchanges between the newly created Dominion of India and the Dominion of Pakistan, as millions of people moved across the new borders to join the country of their choice based on religion, security, and livelihood.
While Article 6 dealt with migrants from Pakistan to India, Article 7 concerns those who migrated from India to Pakistan but later returned to India. This provision was highly sensitive at the time of framing the Constitution, as it involved issues of loyalty, national security, and identity.
Text of Article 7
"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 has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India."
Breaking Down the Article in Simple Terms
Article 7 essentially says:
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If a person migrated from India to Pakistan after 1 March 1947, they will not be considered an Indian citizen.
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Exception: If such a person returned to India under a legal permit for resettlement or permanent return, and was registered as a citizen, they could become an Indian citizen.
Key Terms in Article 7
Let’s understand some of the important terms used:
1. Migration
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Migration to Pakistan means leaving India with the intention of permanently living in Pakistan.
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It is important to note that temporary visits would not be considered migration if the person returned with the intention of staying in India.
2. Date – 1 March 1947
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This date is significant because it is before 15 August 1947, the date of India’s independence.
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The Constituent Assembly chose this earlier date to cover the period of communal tensions and large-scale movements leading up to Partition.
3. Permit for Resettlement or Permanent Return
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After Partition, the Government introduced a permit system to regulate the movement of people between India and Pakistan.
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There were three main types of permits:
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Temporary Permits – for short visits.
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Permits for Resettlement or Permanent Return – for those intending to live in India permanently.
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Permits for Transit – for those passing through India.
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Only those with resettlement permits were eligible for Indian citizenship under Article 7.
4. Registration as a Citizen
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Returning migrants had to apply for registration with an officer appointed by the Government.
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Without registration, they could not claim citizenship rights.
Historical Context
After India’s independence in 1947, communal violence and uncertainty led to one of the largest migrations in human history. Around 14 million people crossed the India-Pakistan border.
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Hindus and Sikhs migrated from Pakistan to India.
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Muslims migrated from India to Pakistan.
However, some people who had moved to Pakistan decided to come back to India for various reasons:
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Economic hardship in Pakistan.
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Desire to reunite with family in India.
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Disillusionment with living conditions after migration.
The Indian Government faced a difficult question:
Should these returning migrants automatically regain Indian citizenship?
The Constituent Assembly debated this intensely. The concern was that some people might:
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Have divided loyalties between India and Pakistan.
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Come back for opportunistic reasons rather than genuine belonging.
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Pose a security risk.
Thus, Article 7 was framed to deny automatic citizenship to such individuals, but also to allow genuine cases through the permit and registration process.
Citizenship Criteria Under Article 7
To qualify as a citizen under Article 7, a person must:
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Have migrated to Pakistan after 1 March 1947.
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Returned to India with a permit for resettlement or permanent return.
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Been registered as a citizen by the competent authority.
If any of these conditions were missing, the person would not be considered an Indian citizen.
Examples to Understand Article 7
Example 1: Denied Citizenship
Ahmed moved from Delhi to Lahore in April 1947. In 1949, he returned to India without any permit and tried to settle in Delhi. Under Article 7, he would not be considered a citizen because he did not have a resettlement permit.
Example 2: Granted Citizenship
Manjit Singh migrated from Amritsar to Lahore in August 1947 but returned in 1948 with a permit for resettlement. He applied for registration and was accepted. He would be considered an Indian citizen under Article 7.
Judicial Interpretation of Article 7
The courts have dealt with several cases concerning Article 7, particularly during the 1950s when migration issues were most prevalent.
Key Case Laws
1. State of Bihar v. Kumar Amar Singh (1955)
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The court held that a person’s intention to permanently reside in Pakistan was a key factor in determining migration.
2. Izhar Ahmad Khan v. Union of India (1962)
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The Supreme Court clarified that people who migrated to Pakistan after 1 March 1947 could only become Indian citizens through the permit and registration process.
3. Central Bank of India v. Ram Narain (1955)
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It was ruled that holding a permit was not enough; registration as a citizen was mandatory.
Criticism of Article 7
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Discriminatory Nature – Critics argued that it disproportionately affected Muslims who had migrated to Pakistan but wanted to return.
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Bureaucratic Hurdles – Many genuine returnees could not complete the permit and registration formalities due to lack of awareness or procedural delays.
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Emotional Hardship – Families were divided, with some members recognized as citizens and others not.
Importance of Article 7
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National Security – Prevented uncontrolled return of people whose loyalties were uncertain.
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Regulation of Citizenship – Created a clear legal procedure for determining who could be considered an Indian citizen.
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Balancing Compassion and Security – Allowed genuine returnees to regain citizenship while protecting national interests.
Examples of Article 7 in Action
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During the early 1950s, thousands of people who had gone to Pakistan but were dissatisfied tried to return to India.
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The permit system acted as a filter, allowing only those with genuine intentions to settle permanently in India.
Key Points About Article 7
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It overrides Articles 5 and 6 in cases of migration to Pakistan.
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Migration after 1 March 1947 means loss of automatic citizenship.
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Citizenship can be regained only with a resettlement permit and registration.
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It was framed to handle the unique situation caused by Partition.
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It balances compassion with the need for national security.
Conclusion
Article 7 of the Indian Constitution reflects the complexity and sensitivity of the period during which India was born as an independent nation. It is not just a legal provision—it is a reminder of the turbulent times of Partition, the challenges of defining national identity, and the balance between inclusivity and security.
While it has been criticized for being harsh in certain cases, Article 7 was necessary in the context of 1947–1950 to ensure that citizenship was granted with care, especially when relations between India and Pakistan were tense and uncertain.
Today, although the direct impact of Article 7 has diminished, it remains an important part of constitutional history and a testament to the difficult choices made by the framers of our Constitution.
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