Constitution of India

PART II

CITIZENSHIP

Article 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.

Explanation/Comment -

A person who migrated to the territory now in Pakistan from India after March 1, 1947, shall not be considered as the citizen of India at the commencement of this Constitution.

In case the person returned to the territory of India from the territory now in Pakistan, after March 1, 1947 for resettlement or permanent settlement under permit issued by or under the authority, and in such case the person had to be resident in India for six months preceding the date of his application for registration.

Such person shall for purpose of clause b of Article 6, the person migrated to India before the nineteenth day of July, 1948, 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.

Could become an Indian citizen.