Article 7 of The Constitution of India
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:
(Part II.—Citizenship)
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.
Summary
- This provision revokes the citizenship of anyone who migrated from India to Pakistan after the first day of March, 1947.
- It overrides the citizenship grants provided by both Section 5 and Section 6.
- It makes an exception for people who returned to the territory of India under a legally authorized permit for resettlement or permanent return.
- Returning migrants with a permanent return permit are treated as if they had migrated to India after the nineteenth day of July, 1948.
- These returning migrants must follow the registration process to regain their citizenship.
Practical examples
FAQ
1. Does a person lose Indian citizenship if they moved to Pakistan under Section 7 of THE CONSTITUTION OF INDIA?
Yes, anyone who migrated to the territory now included in Pakistan after the first day of March, 1947, is not deemed an Indian citizen, unless they return with a specific resettlement permit.
2. How does a permanent return permit help under Section 7 of the Constitution of India?
It exempts the returning migrant from losing their citizenship and treats them as a late migrant who arrived after July 1948, allowing them to legally register as a citizen.
3. Can Section 7 of THE CONSTITUTION OF INDIA override other ways of getting citizenship?
Yes, it explicitly applies notwithstanding anything in Sections 5 and 6, meaning the loss of citizenship from migrating to Pakistan overrides the normal domicile or birth qualifications.
Test yourself
1.Under Section 7 of THE CONSTITUTION OF INDIA, what date triggers the loss of citizenship for a person migrating to Pakistan?
2.Section 7 of THE CONSTITUTION OF INDIA references clause (b) of article 6 for returning migrants. What procedural requirement does this reference impose on them?
3.What type of document must a migrant possess to be exempted from the loss of citizenship under Section 7 of THE CONSTITUTION OF INDIA?
4.How does Section 7 of THE CONSTITUTION OF INDIA interact with a person who meets the birth and domicile requirements of Section 5?