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The Constitution, Made Understandable.

Article 6

Rights of citizenship of certain persons who have migrated to India from Pakistan

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The Constitution of India (as on 1 May 2026)
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Part II, Article 6
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1. In One Sentence

Granted citizenship at the Constitution’s commencement to displaced refugees who migrated from Pakistan to India following the 1947 Partition, subject to origin and residence criteria.

2. What It Means in Everyday Language

The Partition of India in August 1947 resulted in the displacement of millions of families across newly drawn borders. Article 6 was created as an emergency constitutional provision to guarantee immediate citizenship to refugees who migrated from territories included in Pakistan into India.

It divided migrants into two groups based on the introduction of the permit system on 19 July 1948: (1) Those who migrated before 19 July 1948 became citizens automatically if they had been ordinarily living in India since their migration. (2) Those who migrated on or after 19 July 1948 had to reside in India for at least six months and formally register with a designated government officer before 26 January 1950.

In all cases, the person or either of their parents or grandparents had to have been born in undivided India (as defined in the Government of India Act, 1935).

Historical note: This is an emergency post-partition provision relevant to the 1947–1950 transition. It does not govern modern migration or refugee recognition.

3. Practical Illustrative Example

Everyday Scenario:

A family displaced from Lahore in October 1947 crossed into East Punjab and made their home in Delhi.

Core takeaway: Because they migrated before 19 July 1948 and had been born in undivided India, they were recognized as citizens of India at commencement under Article 6.
Illustrative Notice: This provision applied specifically to persons who migrated before 26 January 1950 under the conditions specified.

4. Important Limits, Qualifications & Exceptions

A historical partition-era mechanism ensuring that displaced refugees entering India secured citizenship at commencement.

  • Cutoff date of 19 July 1948: Differentiated automatic deemed citizenship from mandatory 6-month residence and formal registration.
  • Ancestral birth requirement: The person, a parent, or a grandparent had to be born in undivided India.
  • Historical provision: Modern border crossings and nationality claims are governed by the Citizenship Act, 1955 and the Foreigners Act, 1946.

5. Operative Constitutional Text

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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Ministry of Law and Justice, Government of India (Legislative Department, Ministry of Law and Justice) • Part II, Article 6 • Human source-link check pending

    Official consolidated text of the Constitution published by the Legislative Department, Ministry of Law and Justice.

  • •
    Assembly RecordConstituent Assembly Debates (Official Report)Source or archive portal
    Lok Sabha Secretariat (Parliament of India / Lok Sabha Secretariat) • Volume IX, 10 August 1949 • Human source-link check pending

    Official verbatim record of Constituent Assembly proceedings published by the Lok Sabha Secretariat.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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