Those who remained domiciled in India and did not migrate to Pakistan.
The original residents of Pakistan who migrated to India.
Those who migrated to Pakistan from India for permanent settlement there.
Those who migrated to Pakistan from India after March 1, 1947 but re-migrated to India.
Those who were of Indian origin but were residing outside India due to various reasons.
Article 5 and article 6 deal with the rights of citizenship of the people defined as per the above point no. a) and b) respectively, while, Article 7 deals with the rights of citizenship of the people defined as per point no. c) and d).
Article 7 : Rights of citizenship of certain migrants to Pakistan.
The current article consists of the following points :
Notwithstanding anything in articles 5 and 6, a person who has migrated to Pakistan from India after March 1, 1947 shall not be deemed to be a citizen of India. This is on the premise that those who migrated to Pakistan from India owe no allegiance to India and migrated to Pakistan for permanent settlement there.
But if a person having migrated to Pakistan, returned to India under a ‘permit for resettlement’ or ‘permanent return’ issued by or under any law, the article 7 will not apply with respect to him. Every such person shall be deemed to have migrated to India after July 19, 1948 for the purpose of Article 6(b).
Please note that there are three sets of people mentioned here:
Those who migrated to Pakistan from India after March 1, 1947 and settled there.
Those who migrated to Pakistan from India after March 1, 1947 but re-migrated to India before July 19, 1948.
Those who migrated to Pakistan from India after March 1, 1947 but re-migrated to India on or after July 19, 1948 but before January 26, 1950.
Both these categories, as mentioned under point no.b & c, are required to have returned to India under a ‘permit for resettlement’ or ‘permanent return’ issued by or under any law to get Indian citizenship. Irrespective of their date of return such persons shall be deemed to have migrated to India after July 19, 1948 so that they shall be eligible for the Indian citizenship under sub clause (ii) of clause ‘b’ of article 6.
As per Supreme Court judgement in the case State of Madhya Pradesh Vs Peer Mohd (1963), Article 7 refers to migration taking place between March 1, 1947 to January 26, 1950.
It is interesting to note that the migrants who were originally residents in Pakistan but migrated to India after partition get Indian citizenship just by being ordinarily resident in India since the date of their migration if they migrated before July 19, 1948 as they are assumed to owe greater allegiance to India than those who first migrated to Pakistan from India after March 1, 1947 but re-migrated to India before July 19, 1948. That is why the later category of people get Indian citizenship only through the permit system. In an ordinary case, the latter would have got Indian citizenship by virtue of Article 5 had they not migrated to Pakistan in the first place. Please read article 6 (Day 8) again to understand this better.
Thus we see that Article 5 and 6 conferred the rights of citizenship to the people of India while Article 7 takes away the rights of citizenship from the certain migrants to Pakistan who would otherwise be a citizen of India by the virtue of Article 5.
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PS: The above texts are ‘not the exact texts’ copied from the Constitution of India.They have been modified in simple language for the ease of understanding. Due consideration has been given to ensure that ‘the spirit and the meaning’, as contained in the Constitution, remains the same. Please refer to the Constitution of India for the original texts. Please feel free to point out any discrepancy that comes across you. We shall be happy to modify the same.
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