Answer By law4u team
Constitution Of India Article 7: Rights of Citizenship of Certain Migrants to Pakistan
7. Rights of citizenship of certain migrants to Pakistan.—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 every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.
Brief Detail
Article 7 of the Constitution of India addresses the citizenship status of individuals who migrated to Pakistan after March 1, 1947. Such individuals are generally not considered citizens of India. However, an exception is made for those who returned to India under a permit for resettlement or permanent return, treating them as having migrated back to India after July 19, 1948, for the purposes of Article 6.
Question
Q1: Who is excluded from Indian citizenship under Article 7?
A1: Individuals who migrated from India to Pakistan after March 1, 1947, are excluded from Indian citizenship under Article 7.
Q2: Are there exceptions to the exclusion under Article 7?
A2: Yes, individuals who returned to India with a permit for resettlement or permanent return are exempted and are treated as migrants under Article 6(b).
Q3: How does Article 7 relate to Article 6?
A3: Individuals returning to India with a resettlement or permanent return permit are considered to have migrated to India after July 19, 1948, under Article 6(b).
Example
Example 1: A person who migrated from India to Pakistan in 1947 would not be deemed an Indian citizen under Article 7.
Example 2: A person who migrated to Pakistan but later returned to India with a permit for permanent resettlement would regain citizenship rights under Article 7's exception.
Summary
Article 7 defines the citizenship status of individuals who migrated to Pakistan post-March 1, 1947, generally excluding them from Indian citizenship. Exceptions are made for those who returned to India with proper permits, aligning their status with Article 6(b).
