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"Article 7 Explained: Who Is an Indian Citizen After Migration?"

Article 6, Article 7, Indian Constitution, Citizenship ,India-Pakistan Partition,Part 2 : Citizenship (Article 5-11),



Just as Article 6 of the Constitution explains how a person migrating from Pakistan to India can become eligible for Indian citizenship, in the same way, Article 7 of the Constitution talks about those who migrated from India to Pakistan and under what conditions they may or may not be considered citizens of India.


What does Article 7 say?

“Rights of citizenship of certain migrants to Pakistan.—
Notwithstanding anything in Articles 5 and 6, a person who has after the 1st 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 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.”


Explanation of Article 7

Article 7 of the Indian Constitution is about those persons who, after March 1, 1947, migrated from the present territory of India to the present territory of Pakistan for the purpose of residence. Such persons are not eligible to become citizens of India.

However, if any such person has migrated to the territory of Pakistan and later returns to the territory of India, then it will be determined under Article 6(b) whether that person is eligible to become an Indian citizen or not.


Why Article 7 is Important

  1. Article 7 is important for those persons who migrated from India to Pakistan for the purpose of residence.
  2. This Article is also linked to the India-Pakistan partition. Any person who migrated to Pakistan under this Article lost their Indian citizenship.
  3. However, if such a person returns to India, then under Article 6(b), it will be decided whether the person is eligible for Indian citizenship or not.


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