Article 7 of the Costitution of India with Case law
Article 7 of the Constitution of India pertains to the rights of citizenship for people who migrated to Pakistan during the partition of India in 1947.
🔹 Text of Article 7 – Citizenship Rights of Migrants to Pakistan
Article 7 – 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
This article excludes from Indian citizenship those who migrated to Pakistan after March 1, 1947.
However, an exception is made for persons who returned to India under a valid permit for resettlement or permanent return.
It was aimed at handling the complex situation caused due to the partition of India, where large numbers of people migrated across newly drawn borders.
⚖️ Important Case Law on Article 7
1. Izhar Ahmad Khan v. Union of India, AIR 1955 SC 233
Facts: This case involved several petitioners who had gone to Pakistan after partition but returned to India.
Issue: Whether they were Indian citizens under Articles 5–7.
Held: The Supreme Court held that persons who had migrated to Pakistan after March 1, 1947, ceased to be Indian citizens, unless they returned to India on a valid permit for permanent resettlement. If they had no such permit, they were not citizens of India.
2. State of Bihar v. Kumar Amar Singh, AIR 1955 Pat 282
Held: A person who left for Pakistan after 1st March 1947 and returned to India without a valid permit for permanent return would not be considered an Indian citizen under Article 7.
3. Abdul Sattar v. State of Gujarat, AIR 1965 Guj 177
Held: A person who migrated to Pakistan and returned with a short-term or temporary permit was not eligible for Indian citizenship. Only a resettlement permit grants this exception under Article 7.
📝 Summary
General Rule: Post-March 1, 1947 migrants to Pakistan lost Indian citizenship.
Exception: If they returned with a valid permit for resettlement, they retained/ regained Indian citizenship.
The burden of proof is on the individual to show they returned under such a permit.
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