Constitution of India Day 8

 

Constitution of India : Day 8

You must be wondering that since the Constitution of India already conferred rights of citizenship under Article 5, what was the necessity of Article 6.

This must be seen in the light of the following events.

At the time of partition, the non-muslims in the parts of newly created Pakistan started migrating to India and a considerable number of muslims from India to Pakistan.This was the first wave of migration.

However, the problem started when a second wave of migration began from Pakistan to India. A lot many muslims who had migrated to Pakistan from India with an expectation of a better muslim life in a muslim country, as was promised, witnessed a horrific reality. The conditions in Pakistan were very poor especially in Karachi. Hence, a wave of reverse migration started.

The problem was that the properties of the migrated muslims were being utilized to rehabilitate the refugees from Pakistan. Had all these migrant muslims returned, where would these refugees from Pakistan go?

In order to take control of this situation a permit system was introduced on July 19, 1948. This restricted any movement, without permit, from west Pakistan to India. This permit was to be issued by the Indian high commission in Karachi or Lahore.

Having looked into the situation prevalent in India at the time of partition, it would now be easier to understand Article 6 of the Constitution of India and its purpose.

Article 6 : Rights of citizenship of certain persons who have migrated to India from Pakistan.

It states that notwithstanding anything in article 5, a person who has migrated to India from Pakistan shall be deemed to be a citizen of India provided s/he fulfills following conditions :

1. S/he or either of her/his parents or any of her/his grandparents were born in India. Here, India does not mean India after partition but as defined by the Government of india Act, 1935 (as originally enacted).

2. If s/he migrated before July 19, 1948 (the date on which the permit system started as you read above), s/he has been ordinarily resident in India since the date of her/his migration. It is important to note here that this clause does not include those who first migrated from India to Pakistan after March 1, 1947 and then re-migrated to India. This includes only those migrants who were originally residents in Pakistan but migrated to India after partition. This point shall be more clear when you read article 7.

3. If s/he migrated on or after July 19, 1948, s/he has been registered as a citizen of India by an officer appointed for it by the Government of the Dominion of India. This includes both i) those who first migrated to Pakistan from India after March 1, 1947 and then re-migrated to India as well as ii) those who were originally residents in Pakistan but migrated to India after partition. This is because this clause conferred citizenship through registrations and permit system.

The above point number b & c are covered under clause 'b' of article 6.

Please note that the term ‘Dominion’ was used to refer to the territory of British Commonwealth that had its own government. Thus, before the commencement of the Constitution, India functioned as a British Dominion and the government was referred to as Government of the Dominion of India.

Please note that such a registration as a citizen of India, as per above point no (c), required the following criteria to be fulfilled:

1. Registration as a citizen of India must be done by an officer appointed for it by the Government of the Dominion of India.

2. Application for such a registration as a citizen of India should be in the form and manner as prescribed by the Government of the Dominion of India.

3. Application must be made by the applicant before the commencement of the Constitution of India. 

4. A person would only be registered as a citizen of India if s/he has been a resident of India for at least six months before the date of the application.

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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.