Article 7: Rights of Citizenship of Certain Migrants to Pakistan

Original Article:

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:

Article 7 addresses the citizenship rights of individuals who migrated to Pakistan after March 1, 1947, at the time of Partition. It states that such individuals are not to be regarded as Indian citizens. However, it provides an exception for those who returned to India with a permit for resettlement or permanent return issued by the Indian government.

Exclusion of Citizenship for Migrants to Pakistan:

Article 7 states that anyone who migrated to Pakistan from India after March 1, 1947, will not retain Indian citizenship. This clause was introduced to define the status of individuals who voluntarily left India for Pakistan after the country's partition.

Real-Life Example: Individuals who left India for Pakistan in 1947 seeking a permanent home would lose their Indian citizenship under this clause, even if they had previously been citizens of undivided India.

Exception for Returnees under a Permit:

The article provides an exception for individuals who, after migrating to Pakistan, returned to India with a resettlement or permanent return permit. These returnees are treated as though they migrated to India after July 19, 1948, and regain Indian citizenship under Article 6(b).

Real-Life Example: Consider a family that migrated from India to Pakistan in 1947 but returned to India in 1950 under a government-issued permit. According to this clause, they regain their Indian citizenship as if they had migrated after the specified date in July 1948.

Legislative History:

Article 7 was debated on August 10-12, 1949, alongside Articles 5 and 6, during discussions on the Constitution's citizenship provisions. The extensive debates helped shape how citizenship was defined for those migrating during Partition.

Debates and Deliberations:

The Constituent Assembly debates covered concerns about national security and citizenship for those affected by Partition. Dr. B.R. Ambedkar and Prime Minister Jawaharlal Nehru discussed the Permit System, which distinguished between temporary and permanent resettlements.