The Constitution of India
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either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and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 nineteenth 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 nineteenth 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 therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:
Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.
Why this exists
Partition in 1947 caused massive cross-border migration between India and Pakistan, leaving millions of people's legal status uncertain when the Constitution was being drafted in 1949-50. The framers needed a clear rule to decide who among these migrants would count as Indian citizens at the moment the Constitution took effect. Article 6 draws a practical line based on the date 19 July 1948 (linked to India's Constitution regulating entry after that point) and requires either continuous residence or formal registration, along with a birth or ancestral link to undivided India, to fairly and administratively resolve citizenship claims arising from mass displacement.
How courts read it
Courts, including the Supreme Court, have treated Article 6 as a self-contained, one-time transitional provision meant to fix citizenship status only at the Constitution's commencement in 1950, not as an ongoing citizenship rule. Judgments have emphasized that 'migration' here means moving with the intention to reside permanently in India, distinguishing genuine migrants from those who came temporarily. Cases have also clarified that once the Constitution commenced, later citizenship questions are governed by the Citizenship Act, 1955, not directly by Article 6, though Article 6 remains relevant for historical claims tracing back to that period.
Common misconceptions
- Myth: Article 6 lets anyone who migrated from Pakistan at any time claim Indian citizenship today.
Fact: Courts have clarified Article 6 was a one-time transitional rule that only fixed citizenship status as of 26 January 1950; later migrations are governed by the Citizenship Act, 1955. - Myth: Everyone who migrated from Pakistan automatically became a citizen without any conditions.
Fact: The Article requires a birth or ancestral link to undivided India and either continuous residence (if migrated before 19 July 1948) or formal registration with six months' prior residence (if migrated later).