Rights of citizenship of certain persons who have migrated to India from Pakistan

Quick Summary (TL;DR)

Article 6 (Rights of citizenship of certain persons who have migrated to India from Pakistan): Defines constitutional citizenship status and parliamentary regulation under Part II.

In Simple Citizen Words

Article 6 addresses 'Rights of citizenship of certain persons who have migrated to India from Pakistan' in Part II (Citizenship). It sets out the legal framework for who was recognized as an Indian citizen at the commencement of the Constitution (26 January 1950), including provisions for domicile, cross-border migration during Partition, overseas Indians, and Parliament's plenary power to enact citizenship laws.

Key Constitutional Provisions

Constitutional Mandate (Art. 6): Directly codifies the legal rule for 'Rights of citizenship of certain persons who have migrated to India from Pakistan' under Part II

Structured across 1 clause(s) and 3 sub-clause(s) with explicit constitutional provisos/safeguards

Any administrative or legislative action violating Article 6 can be challenged before the High Court (Art. 226) or Supreme Court

Exceptions & Reasonable Restrictions

India strictly follows single citizenship; under Article 9, voluntarily acquiring citizenship of a foreign State terminates Indian citizenship, subject to Parliamentary law under Article 11.

Why This Matters in Daily Life

Article 6 anchors your legal identity as an equal citizen of the Republic of India with full voting and constitutional protections.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Dr. B. R. Ambedkar & Alladi Krishnaswamy Iyer

Drafting Committee Members • August 10–12, 1949

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 6: Defining citizenship criteria amidst massive partition displacement, communal trauma, and migration without adopting religious tests.

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"The business of citizenship was the most difficult draft for the Drafting Committee... We have simply laid down who should be a citizen on the date of commencement; future citizenship is entirely in the hands of Parliament."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 6: Established a single, uniform Indian citizenship (Articles 5–11) based on domicile and birth, leaving future citizenship regulation to Parliament (Article 11).

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 6 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

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 —

Sub-clause (a)

he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and

Sub-clause (b)

(i) 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

Sub-clause (ii)

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 in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:

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.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Rights of citizenship of certain persons who have migrated to India from Pakistan

🟢 Original 1950 Text Intact (Zero Textual Repeal) Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly of India. The foundational constitutional text of Article 6 (Rights of citizenship of certain persons who have migrated to India from Pakistan) has remained intact since Day 1 without parliamentary deletion or repeal.

CURRENT ENFORCEABLE STATUS (TODAY)

100% Original 1950 Text Enforceable Today: Article 6 (Rights of citizenship of certain persons who have migrated to India from Pakistan): Defines constitutional citizenship status and parliamentary regulation under Part II.

Key Amendment Milestones & Textual Modifications

Original Enactment by the Constituent Assembly

Year 1950

Why it happened: Crafted by the Founding Fathers & Mothers with enduring constitutional clarity; its core text has stood untouched for over 75 years.

                                    Status: 🟢 Unchanged Since 26 January 1950 — Original Constitutional Mandate Preserved Intact                                

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Emergency Citizen Helplines

Rights of citizenship of certain persons who have migrated to India from Pakistan

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications