Article 6 of the Indian Constitution deals with citizenship rights of people who migrated from Pakistan to India after Partition (1947).

Indian Constitution

Article 6 of the Indian Constitution – Citizenship of Certain Persons Who Migrated from Pakistan

Introduction

The Partition of India in 1947 led to the largest migration in human history, with millions of people crossing borders amid violence and uncertainty. In this context, the question of citizenship for those migrating from Pakistan to India became a critical constitutional issue. Article 6 of the Indian Constitution was framed to address this question and provide clarity on who among these migrants would be recognized as Indian citizens at the commencement of the Constitution on 26 January 1950.

Text of Article 6

“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either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and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 migrated before the 19th 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 migrated on or after the 19th 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 and before the commencement of this Constitution, 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 such application.”**

Key Features of Article 6

1. Who is covered?

o Persons who migrated from Pakistan to India after Partition but before 26 January 1950.

2. Condition of Ancestry:

o The migrant or either of his parents or grandparents must have been born in India (as per the Government of India Act, 1935).

3. Two Categories of Migrants:

o Migrated before 19 July 1948:

§ Automatically became Indian citizens if they were ordinarily resident in India since migration.

o Migrated on or after 19 July 1948:

§ Had to apply for registration and reside in India for at least 6 months before applying.

4. Why 19 July 1948?

o This date was chosen because the Permit System for entry from Pakistan to India was introduced on that day.

Historical Context

After Partition in August 1947, communal violence and displacement forced millions to migrate.
The Constituent Assembly debated extensively on granting citizenship to refugees while maintaining national security.
The cut-off date of July 19, 1948 was fixed to distinguish between early refugees and later entrants.

Relation with Other Articles

Article 5: General citizenship at commencement.
Article 7: Deals with people who migrated from India to Pakistan but returned.
Article 8: Citizenship of Indians abroad.

Significance

Article 6 reflected India’s inclusive and humanitarian approach towards refugees from Pakistan.
It provided legal certainty for millions who migrated during a time of chaos.

Judicial Interpretation

The Supreme Court in State of Bihar vs Kumar Amar Singh (1955) emphasized that citizenship under Article 6 was a constitutional right, not a matter of discretion, provided the conditions were fulfilled.

Current Relevance

Although Article 6 was a transitional provision (applicable at the commencement of the Constitution), it remains important for understanding citizenship laws and their evolution.
Modern debates on migrants, refugees, and the Citizenship Amendment Act (CAA), 2019 often refer to these constitutional provisions for historical context.

Conclusion

Article 6 was a crucial safeguard during a turbulent period in India’s history, ensuring refugees from Pakistan were integrated as citizens while balancing administrative control through the permit system.

Fact Box:

Cut-off date: 19 July 1948
Special Condition: Registration for post-19 July 1948 migrants
Ancestry Requirement: Self, parent, or grandparent born in India under GOI Act 1935

Here is a comprehensive set of 50 MCQs on Article 6 of the Indian Constitution with answers and explanations, suitable for UPSC, State PCS, SSC, and other competitive exams.

Basic Understanding

1. Article 6 deals with:
(a) Citizenship of Indians abroad
(b) Citizenship of persons migrating from Pakistan
(c) Loss of citizenship
(d) Naturalization of foreigners

Answer: (b)
Explanation: Article 6 provides citizenship to those who migrated from Pakistan to India before 26 January 1950 under certain conditions.

2. Which Part of the Constitution contains Article 6?
(a) Part I
(b) Part II
(c) Part III
(d) Part IV

Answer: (b)
Explanation: Part II (Articles 5–11) deals with citizenship.

3. Article 6 applies to persons who migrated from:
(a) Nepal
(b) Bangladesh
(c) Pakistan
(d) Sri Lanka

Answer: (c)
Explanation: Specifically to persons migrating from Pakistan to India.

4. Article 6 became effective from:
(a) 15 August 1947
(b) 26 January 1950
(c) 19 July 1948
(d) 26 November 1949

Answer: (b)
Explanation: It applied at the commencement of the Constitution (26 January 1950).

5. The main condition under Article 6 is:
(a) Property ownership in India
(b) Domicile in India
(c) Knowledge of Indian language
(d) Tax payment

Answer: (b)
Explanation: The person must have a domicile in India.

Conditions and Requirements

6. How many generations of ancestry are considered in Article 6?
(a) One
(b) Two
(c) Three
(d) Four

Answer: (c)
Explanation: Self, parent, or grandparent born in India.

7. The definition of "India" in Article 6 refers to which Act?
(a) Indian Independence Act, 1947
(b) Government of India Act, 1935
(c) Citizenship Act, 1955
(d) Indian Penal Code

Answer: (b)
Explanation: It refers to India as defined in the Government of India Act, 1935.

8. A person who migrated before 19 July 1948 became a citizen if:
(a) He was born in Pakistan
(b) He applied for registration
(c) He resided in India since migration
(d) He passed a language test

Answer: (c)
Explanation: Pre-19 July 1948 migrants automatically became citizens if they were ordinarily resident in India since migration.

9. Why is 19 July 1948 important in Article 6?
(a) Independence of Pakistan
(b) Permit system introduced
(c) Constitution was drafted
(d) Nehru-Liaquat Pact signed

Answer: (b)
Explanation: On 19 July 1948, India introduced a Permit System for entry from Pakistan.

10. Migrants after 19 July 1948 needed:
(a) No documents
(b) Registration and 6-month residence
(c) Parliament’s approval
(d) President’s assent

Answer: (b)
Explanation: Post-19 July migrants had to register and live for 6 months in India before applying.

Registration and Conditions

11. Registration authority for migrants under Article 6 was appointed by:
(a) President
(b) Prime Minister
(c) Dominion Government of India
(d) State Government

Answer: (c)
Explanation: The Government of the Dominion of India appointed officers for registration.

12. For migrants after 19 July 1948, minimum residence before applying for registration was:
(a) 3 months
(b) 6 months
(c) 1 year
(d) 5 years

Answer: (b)
Explanation: Six months of ordinary residence before application was mandatory.

13. Who was excluded from Article 6 citizenship despite migration?
(a) Women migrants
(b) Persons with domicile in India
(c) Enemy nationals
(d) Refugees with no relatives

Answer: (c)
Explanation: Persons classified as enemy nationals were excluded.

14. Which date marks the commencement of the Constitution for Article 6 purposes?
(a) 26 January 1950
(b) 19 July 1948
(c) 15 August 1947
(d) 1 March 1950

Answer: (a)
Explanation: The Constitution commenced on 26 January 1950.

15. Article 6 is a:
(a) Permanent provision
(b) Transitional provision
(c) Fundamental Right
(d) Directive Principle

Answer: (b)
Explanation: It applied only at the commencement of the Constitution.

Historical and Legal Context

16. The reason for introducing Article 6 was:
(a) Economic reforms
(b) Partition migration issues
(c) State reorganization
(d) Emergency powers

Answer: (b)
Explanation: It was necessary to deal with Partition refugees.

17. Who introduced the concept of domicile in Article 6?
(a) B.N. Rau
(b) Dr. B.R. Ambedkar
(c) Jawaharlal Nehru
(d) Vallabhbhai Patel

Answer: (b)
Explanation: Ambedkar emphasized domicile as an essential requirement.

18. Which Article deals with persons migrating from India to Pakistan and returning?
(a) Article 5
(b) Article 6
(c) Article 7
(d) Article 8

Answer: (c)
Explanation: Article 7 deals with such persons.

19. The power to make laws on citizenship after the Constitution vests in:
(a) Supreme Court
(b) Parliament
(c) President
(d) State Legislature

Answer: (b)
Explanation: Article 11 gives Parliament this power.

20. The legal term “ordinarily resident” means:
(a) Permanent residence only
(b) Temporary visit
(c) Continuous residence with intention to stay
(d) Just birth in India

Answer: (c)
Explanation: It implies continuous residence with intent to stay.

Advanced/Analytical Questions

21. Article 6 did not require:
(a) Permit for pre-19 July 1948 migrants
(b) Permit for post-19 July migrants
(c) Registration for post-19 July migrants
(d) Domicile in India

Answer: (a)
Explanation: Before 19 July 1948, no permit system existed.

22. Which constitutional principle is reflected in Article 6?
(a) Secularism
(b) Equality
(c) Humanitarian approach
(d) Socialist principle

Answer: (c)
Explanation: It shows India’s humanitarian policy toward refugees.

23. Which of these is NOT a requirement under Article 6?
(a) Born in India
(b) Parent or grandparent born in India
(c) Domicile in India
(d) Knowledge of Hindi

Answer: (d)
Explanation: Language was never a condition.

24. Article 6 was necessary because:
(a) Millions migrated during Partition
(b) India signed UN refugee treaty
(c) British demanded it
(d) States insisted

Answer: (a)
Explanation: It resolved citizenship of millions of migrants.

25. Migrants after July 19, 1948 were given citizenship through:
(a) Automatic grant
(b) Application and registration
(c) Presidential ordinance
(d) Supreme Court order

Answer: (b)
Explanation: They needed to apply for registration.

26. Under Article 6, the application for registration by migrants after 19 July 1948 had to be made:

(a) Before 26 January 1950
(b) After 15 August 1947 only
(c) After 1955 Citizenship Act
(d) Anytime during lifetime

Answer: (a)
Explanation: The application had to be made before the commencement of the Constitution (26 January 1950).

27. The person applying for registration under Article 6 must have stayed in India for at least:

(a) 3 months
(b) 6 months
(c) 1 year
(d) 5 years

Answer: (b)
Explanation: Minimum six months residence was required before application.

28. Which constitutional provision is closely connected with Article 6?

(a) Article 3
(b) Article 7
(c) Article 12
(d) Article 13

Answer: (b)
Explanation: Article 7 deals with returning migrants from Pakistan.

29. Which term in Article 6 means “permanent home and intention to reside”?

(a) Residence
(b) Domicile
(c) Citizenship
(d) Migration

Answer: (b)
Explanation: Domicile signifies permanent residence with an intention to stay indefinitely.

30. The permit system introduced on 19 July 1948 was meant to:

(a) Allow unrestricted migration from Pakistan
(b) Regulate and restrict migration from Pakistan
(c) Promote trade between India and Pakistan
(d) Issue passports to Pakistan citizens

Answer: (b)
Explanation: It was introduced to control and regulate migration.

Judicial & Historical Questions

31. Which case explained “citizenship under Article 6 is a constitutional right”?
(a) Berubari case
(b) State of Bihar vs Kumar Amar Singh
(c) Kesavananda Bharati case
(d) Golaknath case

Answer: (b)
Explanation: The Supreme Court held in this case that if conditions under Article 6 are met, citizenship is a right.

32. Which of the following Articles was debated most during Partition migration issues?
(a) Article 6
(b) Article 370
(c) Article 356
(d) Article 31

Answer: (a)
Explanation: Article 6 was crucial for refugees migrating from Pakistan.

33. Who had the authority to appoint officers for registration under Article 6?
(a) President of India
(b) Dominion Government of India
(c) State Governors
(d) Chief Justice of India

Answer: (b)
Explanation: Dominion Government appointed registration officers.

34. Which important international event influenced Article 6?
(a) UN Refugee Convention 1951
(b) Partition of India in 1947
(c) Second World War
(d) Cold War

Answer: (b)
Explanation: Article 6 was a response to Partition migration.

35. Which community was the largest beneficiary of Article 6?
(a) Anglo-Indians
(b) Refugees from Pakistan (Hindus & Sikhs)
(c) Europeans in India
(d) Parsis

Answer: (b)
Explanation: Millions of Hindu and Sikh refugees from Pakistan got citizenship through Article 6.

Conceptual Questions

36. Article 6 required which two major conditions for migrants after 19 July 1948?
(a) Permit and domicile
(b) Registration and residence for 6 months
(c) Passport and visa
(d) Land ownership and tax payment

Answer: (b)
Explanation: Post-19 July migrants needed registration and 6 months’ residence.

37. Which of these dates is NOT directly relevant to Article 6?
(a) 15 August 1947
(b) 19 July 1948
(c) 26 January 1950
(d) 1 March 1951

Answer: (d)
Explanation: 1 March 1951 has no connection to Article 6 provisions.

38. Article 6 covers migrants from Pakistan who:
(a) Entered India before 26 January 1950
(b) Entered India after 1950
(c) Were in India before 1947 only
(d) Came for trade purposes

Answer: (a)
Explanation: It applied only to migrants before the commencement of the Constitution.

39. Under Article 6, who decides citizenship disputes?
(a) President
(b) Parliament
(c) Courts
(d) Registration officer

Answer: (c)
Explanation: Ultimately, courts interpret disputes regarding Article 6.

40. Citizenship under Article 6 was granted:
(a) By Parliament law
(b) Automatically for some, conditionally for others
(c) By states
(d) By international treaty

Answer: (b)
Explanation: Automatic for pre-19 July migrants; conditional for post-19 July migrants.

Advanced Practice Questions

41. Which Article empowers Parliament to make citizenship laws?
(a) Article 5
(b) Article 11
(c) Article 8
(d) Article 4

Answer: (b)
Explanation: Article 11 gives Parliament the power to regulate citizenship.

42. Persons migrating from Pakistan after 19 July 1948 without registration were:
(a) Automatic citizens
(b) Stateless
(c) Deemed illegal migrants under Constitution
(d) Eligible for citizenship under Article 5

Answer: (c)
Explanation: Without registration, they were not citizens.

43. Article 6 is part of:
(a) Basic structure doctrine
(b) Fundamental Rights
(c) Temporary transitional provisions
(d) State policy

Answer: (c)
Explanation: It is a transitional provision.

44. Which type of law was not needed for implementing Article 6?
(a) Citizenship Act
(b) Registration Rules
(c) Permit System Rules
(d) Fundamental Rights amendment

Answer: (d)
Explanation: No Fundamental Rights amendment was required.

45. “Ordinarily resident” under Article 6 excludes:
(a) Continuous residence with intention to stay
(b) Permanent home in India
(c) Tourist visits
(d) Refugees living in camps

Answer: (c)
Explanation: Temporary or tourist visits are not considered ordinary residence.