Constitution of India

PART II

CITIZENSHIP

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

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 —

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either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and

(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

(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.

Explanation/Comment -

Despite anything in Article 5 (Citizenship at the commencement of the Constitution), a person who migrated from the territory now in Pakistan to India shall be considered as the citizen of India at the commencement of this Constitution if he or either of his parents or any of his grandparents was born in India (as defined in Government of India Act, 1935 - PART-II, THE FEDERATION OF INDIA), and also fulfilled any one of the two conditions - viz. in case, the person migrated to India before the nineteenth day of July, 1948 (19 July 1948 - as the permit system for such migration was introduced), since the time of his migration, he had regularly resided in India; or he had to register as an Indian citizen if he immigrated to India on or after July 19, 1948. However, in order to be so registered, a person required to have lived in India for six months prior to the application date.