Article 6 of the constitution speaks about the Citizenship of those individuals who migrated from Pakistan to India at the time of partition between India and Pakistan. There was a cut off date of the partition which was 19 July 1948. Article 6 say that a citizen migrated from pakistan to the the territory of India will deems to be the citizen of India; if a person comply the below two conditions:
- If the person himself or his parents or his grandparents whether paternal or maternal are born in India as per the government of India act,1935.
- If the person migrated before 19th July,1948
or
If the person fulfils the above condition on or before 19th July 1948 by applying within 6 months before the commencement of Indian constitution that is on 26th Jan 1950.
History:
Whenever there was a presentation of autonomy, the nation was partitioned into two sections one was India and the other was Pakistan. Individuals were given freedom to join any country they need to get the ethnicity of. In this manner the circ*mstance requested severe arrangements to outline the identity strategy of India before the beginning of the constitution.
Important Cases Regarding article 6
1-For the situation of Kulathil Mammu v. Province of Kerela, the expression “relocated” in this part was characterised. It was held that the term implies intentional and forever leaving from India to Pakistan.
2-For the situation of State of Bihar v Kumar Amar Singh, the spouse left her significant other and went to Karachi. As indicated by her assertion, she went to Karachi briefly for treatment. Then, at that point, she got once again to India and was allowed to remain as she expressed that she was Pakistan habitation. Then, at that point, after the expiry of the period, she got once again to Pakistan. Then, at that point, she needed to get the long-lasting citizenship of India, when her property in India was to be taken under custody.it was held that as she had relocated before the date expressed in the arrangement, she won’t be given long-lasting citizenship.
3-For the situation of the State of U.P. v. Rehmatullah, it was held that the Central Government is approved to make a move against individuals who have procured the unfamiliar citizenship and have lost the citizenship of India, yet they are as yet living in the country.
4-The holy legality of the inundation from Pakistan Control Act, 1949 was advanced during Ebrahim Vazir Mavat vs State of Bombay case. This statute stated that if a person owns a residence in either India or Pakistan, he or she may not visit the premises of either country without permission. Furthermore, any individual who deviates from the standard will be charged with the offence mentioned in the presentation. As stated in Section 7, the Central Government has the authority to deny citizenship to an individual on particular grounds.
It was held that eliminating a resident from the country under Section 7 of the Constitution of India would add up to a hardship of the right of citizenship as referenced in Part II of the constitution.
Revisions Year astute
1-The Citizenship (Amendment) Act of 1986-
As indicated by the arrangements of this revision, an individual who isn’t brought into the world in India would be allowed citizenship. However, at the hour of the introduction of the individual, it is essential that both of the guardians must be a resident of India
2-The Citizenship (Amendment) Act of 1992-
It specified that assuming an individual is born after January 26, 1950 and before the beginning of this Act, then, at that point, he would be a citizen of India yet his ancestors ought to be India at the time the individual was conceived.
Brief details about Article 6
Citizenship
Citizenship is the relationship between a person and country or a state to which the individual owes loyalty and in return an individual is entitled for its protection. Citizenship signifies the individual status of freedom along with accompanying responsibilities.
Provision laid by constitution under the citizenship of India
Article 5 to 11 of the Indian constitution deals with the citizenship of Individuals.
The Citizenship Act 1935 deals with the Citizenship of Indians. It was amended in 1986,1996,2003 and now 2005.
Nationality of Indians depends upon Jus Sanguinis which implies citizens by the right of blood.
Termination of citizenship
Termination of citizenship of Individual can be terminated in three ways:
- If the citizen who also owns the Citizenship of other countries.
- If the Indian citizen voluntarily adopts the citizenship of other countries.
- The government of India deprived the individual from the citizenship of India.
Amendments in Article 6 over the debate summary
- Members of parliament proposed to add a clause in the first part of the article 6 i.e ‘on account of Civil disturbance or the fear of such disturbances’ but it was argued and not articulated.
- Another member wanted to add that the citizens should be given great privilege and also not to be treated as cheap affairs.
- Few members wanted to add a ‘code of nationality law’ which was incomparable and was never included in other countries’ constitutions. After being argued, it was decided to adopt this amendment as Article 5a.
Conclusion:
We conclude saying that the article 6 of the Indian constitution deals with the migration of the individual from Pakistan, at the time of partition of India and Pakistan deemed to be the citizen of India at the commencement of January 26 1950, if the individual complies with the condition mentioned in the article.
