Article 6 of the Costitution of India with Case law
Article 6 of the Constitution of India deals with the rights of citizenship of certain persons who have migrated to India from Pakistan after the partition of India in 1947.
🔹 Text of Article 6 – Citizenship Rights of Migrants from Pakistan
Article 6 – Rights of citizenship of certain persons who have migrated to India from Pakistan
Notwithstanding anything in Article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if:
(a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and
(b) (i) in the case where such person has so migrated before the 19th day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or
(ii) in the case where such person has so migrated on or after the 19th day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him to such officer before the commencement of this Constitution (in the prescribed manner), and he has resided in India for at least six months immediately before making the application.
🔎 Explanation & Key Points
This Article was created due to the Partition of India in 1947, which led to mass migrations between India and Pakistan.
Two categories of migrants are considered:
Migrants before 19 July 1948 – Automatically granted citizenship if they were residing in India continuously.
Migrants on or after 19 July 1948 – Had to register and stay for 6 months to be eligible for citizenship.
Ancestry Clause – One must prove that they or a parent/grandparent were born in India under the British regime.
⚖️ Important Case Laws Related to Article 6
1. State of Bihar v. Kumar Amar Singh (1955 AIR 282)
Facts: Questioned the citizenship status of a person who had migrated from Pakistan.
Held: The burden of proof for establishing citizenship under Article 6 lies on the individual. The Supreme Court held that if someone claims to be an Indian citizen under Article 6, they must prove continuous residence and/or proper registration.
2. Izhar Ahmad Khan v. Union of India (1955 SCR (1) 1104)
Facts: Challenged the legality of electoral rolls that excluded names of certain persons who had migrated to Pakistan.
Held: The Court upheld the classification under Article 6 and Article 7 and ruled that different treatment of different categories of migrants was valid.
3. Mohd. Ayub Khan v. Commissioner of Police (AIR 1965 SC 1623)
The Supreme Court clarified that someone entering India from Pakistan without legal documentation after the cut-off date could be treated as a foreigner.
🧾 Summary
| Aspect | Details |
|---|---|
| Who is covered? | Persons who migrated from Pakistan to India after Partition. |
| Key Date | 19 July 1948 – determines automatic citizenship vs. registration needed. |
| Proof Required | Residence, ancestry, and registration (if migrated after cut-off). |
| Legal Significance | Balances humanitarian concern with national identity post-partition. |
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