Introduction
Article 6 of the Indian Constitution plays a crucial role in defining the citizenship rights of individuals who migrated to India from the territory now included in Pakistan. This article discusses the various provisions of Article 6 and their relevance in contemporary times. The purpose of this article is to provide a comprehensive understanding of Article 6 of the Indian Constitution, its historical background, and implications for migrants from Pakistan.
Table of Contents
Historical Context of Article 6
Partition of India and the Citizenship Question
The historical context of Article 6 is rooted in the partition of India in 1947, which led to the creation of two separate nations - India and Pakistan. The partition resulted in a massive movement of people across the newly drawn borders, with millions of Hindus, Sikhs, and Muslims migrating to their respective newly formed countries. As a result, the question of citizenship for these migrants became a significant issue, which needed to be addressed by the Indian Constitution.
Drafting of Article 6
During the drafting of the Indian Constitution, the Constituent Assembly debated the various provisions related to citizenship, including those pertaining to migrants from Pakistan. This led to the framing of Article 6, which specifically dealt with the citizenship rights of persons who had migrated to India from Pakistan.
Key Provisions of Article 6
Article 6 of the Indian Constitution lays down the following provisions to determine the citizenship of migrants from Pakistan:
Migrants before July 19, 1948
A person who, or whose parents or grandparents, was born in India as defined in the Government of India Act, 1935, and who migrated to India before July 19, 1948, shall be deemed a citizen of India if they have been ordinarily resident in the territory of India since the date of their migration.
Migrants on or after July 19, 1948
A person who, or whose parents or grandparents, was born in India as defined in the Government of India Act, 1935, and who migrated to India on or after July 19, 1948, shall be deemed a citizen of India if they have 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 them before the commencement of the Constitution in the form and manner prescribed by that Government.
Residency Requirement for Registration
No person shall be registered as a citizen of India unless they have been resident in the territory of India for at least six months immediately preceding the date of their application.
Article 6 and the Citizenship (Amendment) Act, 2019
The Citizenship (Amendment) Act, 2019 (CAA) has brought significant changes to the citizenship laws in India, which has implications for Article 6 of the Constitution. The CAA provides for the granting of citizenship to non-Muslim illegal migrants from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2014.
While Article 6 deals specifically with migrants from Pakistan, the CAA broadens the scope of citizenship provisions to include migrants from Afghanistan and Bangladesh as well. As a result, the interplay between Article 6 and the CAA has become a topic of debate and discussion among legal experts and scholars.
Criticism and Controversies Surrounding Article 6
Article 6 has been criticized for various reasons, including:
Discrimination based on Religion
Some critics argue that Article 6 discriminates against Muslim migrants from Pakistan, as it only provides citizenship rights to non-Muslim migrants. This argument has gained traction in the light of the CAA, which is also seen as discriminatory against Muslim migrants.
Inadequate Provisions for Stateless Persons
Another criticism of Article 6 is that it does not provide adequate provisions for stateless persons who migrated from Pakistan to India. Stateless persons are individuals who do not possess citizenship in any country, and their lack of legal status often leads to various human rights violations.
Conclusion
Article 6 of the Indian Constitution is a significant provision that deals with the citizenship rights of migrants from Pakistan. While it has played an essential role in addressing the citizenship concerns of a large number of migrants, it has also been criticized for its perceived shortcomings. With the recent enactment of the CAA and the resulting debates on citizenship laws in India, the relevance of Article 6 in contemporary discourse remains significant.
