Rights of citizenship of certain migrants to Pakistan
Notwithstanding anything in articles 5 and 6, a person who has after the first 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 so 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 and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.
Version 1
Article 7, Constitution of India 1950
Notwithstanding anything in articles 5 and 6, a person who has after the first 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 so 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 and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.
Summary
Draft Article 5AA (Article 7) was debated on 10, 11 and 12 August 1949. The Chairman of the Drafting Committee proposed the insertion of the Draft Article. It regulated citizenship claims of persons who have migrated to Pakistan.
Some members felt that this article was ‘obnoxious’ because the persons migrate from India to Pakistan had already ‘transferred their loyalty’ to another country. The permit system treated such persons favourably and made it easier for them to obtain Indian citizenship. Instead, it was argued, that migrants from Pakistan should be treated like other foreigners and they could acquire citizenship through naturalisation. However, others responded to this argument by pointing out that permits would not be issued in a lackadaisical manner. Further, the Chairman of the Drafting Committee reminded the Assembly that the Indian government was bound by its promise of rehabilitation and resettlement measures for migrants from Pakistan, and to put in place a permit system for citizenship claims. Going back on these words would be ‘invidious’ and cause the ‘grossest injustice’.
One member raised the issue of the property left behind by migrants, which was treated as ‘evacuee property’ under the law. Upon a person’s return and subsequent acquisition of Indian citizenship, how would their property claims be settled? A Drafting Committee member clarified that there was no relationship between citizenship and property rights either in international or domestic law.
The Assembly adopted this Article without any amendments on 12 August 1949.