What is Article 7 of indian constitution, tell in brief

Indian Constitution

Article 7 of the Indian Constitution – Citizenship of Certain Migrants to Pakistan

Introduction

The Partition of India in 1947 created one of the most complex citizenship scenarios in history. Millions of people migrated between India and Pakistan, often more than once. Article 7 of the Indian Constitution was specifically framed to deal with people who migrated to Pakistan after March 1, 1947, but later returned to India. It was a balancing provision to prevent misuse of citizenship rights by those who had left India during Partition and wanted to come back later.

Text of Article 7

“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 the permit in that behalf has been issued.”

Key Points of Article 7

1. General Rule:

o A person who migrated to Pakistan after 1 March 1947 lost Indian citizenship.

2. Exception:

o If that person returned to India with a permit for resettlement or permanent return, they could become a citizen again.

3. Why 1 March 1947?

o This date was chosen because the Partition process started after March 1947, when communal tensions and migration patterns became evident.

4. Permit System:

o The Government introduced a Permit for Resettlement or Permanent Return to regulate people coming back from Pakistan.

Historical Context

After Partition, some people who had gone to Pakistan changed their mind and wanted to come back to India.
The framers feared this could lead to security risks or dual loyalties.
Therefore, Article 7 made it clear:

If you left India for Pakistan after March 1, 1947, you lose Indian citizenship,
Unless you came back with official permission (permit).

Practical Example

Example 1:

Ram Lal lived in Punjab (India) but migrated to Lahore (Pakistan) in July 1947.
In 1948, he wanted to return to India.
If he entered without a resettlement permit, he would not be a citizen.
If he obtained a permit for permanent return, he could become an Indian citizen.

Example 2:

Sita Devi lived in Delhi, went to Karachi in April 1947, then returned to India in 1948 under a temporary visit permit.
She would not get citizenship because only a permanent return/resettlement permit qualifies.

Relationship with Other Articles

Article 5: General citizenship at commencement.
Article 6: Citizenship of those migrating from Pakistan to India.
Article 7: Citizenship of those who migrated to Pakistan but returned.

Significance

Article 7 reflects the difficult choices made by the Constituent Assembly during Partition.
It aimed to ensure national security, while also giving a chance to genuine returnees to resettle.

Judicial Interpretation

In State of Bihar vs Kumar Amar Singh (1955), the Supreme Court clarified that a person who migrated to Pakistan cannot claim Indian citizenship unless they fulfill Article 7 conditions.

Current Relevance

Though transitional, Article 7’s principle of regulating re-entry of migrants remains relevant for understanding debates on dual citizenship, illegal migration, and laws like the Citizenship Amendment Act (CAA), 2019.

Conclusion

Article 7 of the Constitution was a special measure to address the return of people who had once migrated to Pakistan. By requiring a resettlement permit, the framers ensured orderly return while preventing indiscriminate entry.

Here is a complete set of 50 MCQs on Article 7 of the Indian Constitution, with answers and explanations for competitive exams like UPSC, State PCS, SSC, etc.

Basic Understanding

1. Article 7 deals with:
(a) Citizenship of Indians abroad
(b) Citizenship of persons migrating to Pakistan and returning
(c) Loss of citizenship for foreigners
(d) Citizenship by naturalization

Answer: (b)
Explanation: Article 7 concerns persons who migrated to Pakistan after 1 March 1947 but later returned to India.

2. A person who migrated to Pakistan after which date is covered under Article 7?
(a) 15 August 1947
(b) 1 March 1947
(c) 26 January 1950
(d) 19 July 1948

Answer: (b)
Explanation: The cut-off date is 1 March 1947, before Partition.

3. Under Article 7, a person who migrated to Pakistan after 1 March 1947 is:
(a) Automatically an Indian citizen
(b) Automatically a Pakistani citizen
(c) Not deemed an Indian citizen unless conditions apply
(d) A dual citizen

Answer: (c)
Explanation: They lose Indian citizenship unless they return with a resettlement permit.

4. What is the main exception in Article 7?
(a) Persons with property in India
(b) Persons returning under a resettlement permit
(c) Persons married to Indians
(d) Persons holding Indian passports

Answer: (b)
Explanation: Only those who return under a permit for permanent return/resettlement are eligible.

5. Article 7 begins with which phrase?
(a) Subject to Parliament
(b) Notwithstanding anything in Articles 5 and 6
(c) Subject to President’s approval
(d) In accordance with law

Answer: (b)
Explanation: It overrides Articles 5 and 6 in certain cases.

Permit and Conditions

6. What kind of permit is needed to regain citizenship under Article 7?
(a) Permit for temporary visit
(b) Permit for business purpose
(c) Permit for resettlement or permanent return
(d) Travel visa

Answer: (c)
Explanation: Only a permit for resettlement/permanent return qualifies.

7. Which authority issued the permit under Article 7?
(a) State Government
(b) Dominion Government of India
(c) President of India
(d) Supreme Court

Answer: (b)
Explanation: The Dominion Government of India had the power to issue such permits.

8. Without a resettlement permit, a person who migrated to Pakistan after 1 March 1947 is considered:
(a) A citizen under Article 5
(b) A non-citizen under Article 7
(c) A citizen under Article 6
(d) Stateless by law

Answer: (b)
Explanation: They lose Indian citizenship unless conditions are met.

9. The resettlement permit system was introduced to:
(a) Allow free migration
(b) Regulate return of migrants from Pakistan
(c) Encourage cross-border trade
(d) Provide voting rights

Answer: (b)
Explanation: It was meant to regulate migration and ensure security.

10. Which term means “legal return with official approval”?
(a) Migration
(b) Resettlement permit
(c) Amnesty
(d) Temporary visa

Answer: (b)
Explanation: Resettlement permit is the official document under Article 7.

Historical Context

11. Why was 1 March 1947 chosen as the cut-off date in Article 7?
(a) It marks Partition declaration
(b) It was when communal migration began
(c) It was the date of Constitution adoption
(d) It was a British policy decision

Answer: (b)
Explanation: Large-scale migration began after March 1947 due to communal tensions.

12. Which Article is most closely related to Article 7?
(a) Article 6
(b) Article 8
(c) Article 10
(d) Article 11

Answer: (a)
Explanation: Article 6 deals with migration from Pakistan to India; Article 7 deals with returning migrants.

13. The purpose of Article 7 was to:
(a) Prevent free movement between India and Pakistan
(b) Allow dual citizenship
(c) Give citizenship to everyone
(d) Remove property disputes

Answer: (a)
Explanation: It restricted citizenship to prevent indiscriminate re-entry.

14. Article 7 was framed to address:
(a) Foreign trade
(b) Partition refugees
(c) Industrial disputes
(d) Election reforms

Answer: (b)
Explanation: It focused on Partition-related migration issues.

15. Which major event influenced Article 7?
(a) Quit India Movement
(b) Partition of India
(c) Poona Pact
(d) Simon Commission

Answer: (b)
Explanation: It was a direct result of Partition migration.

Judicial & Interpretative Questions

16. Who decides disputes regarding citizenship under Article 7?
(a) President
(b) Parliament
(c) Courts
(d) State Governor

Answer: (c)
Explanation: Courts interpret disputes related to Article 7.

17. Which Supreme Court case interpreted Article 7?
(a) State of Bihar vs Kumar Amar Singh
(b) Berubari case
(c) Golaknath case
(d) Maneka Gandhi case

Answer: (a)
Explanation: It explained the impact of migration to Pakistan on citizenship.

18. Article 7 is considered:
(a) Permanent provision
(b) Transitional provision
(c) Fundamental right
(d) Directive Principle

Answer: (b)
Explanation: It was a transitional arrangement for Partition refugees.

19. Can a person under Article 7 claim citizenship under Article 6?
(a) Yes, automatically
(b) No, Article 7 overrides Article 6
(c) Yes, only if born in India
(d) Only if President allows

Answer: (b)
Explanation: Article 7 starts with Notwithstanding anything in Articles 5 and 6.

20. “Notwithstanding” in Article 7 means:
(a) Subject to
(b) Despite
(c) Equivalent to
(d) Only if

Answer: (b)
Explanation: It means despite anything mentioned in Articles 5 and 6.

Examples & Analytical Questions

21. If a person migrated to Pakistan in May 1947 and returned without a permit, is he a citizen?
(a) Yes
(b) No
(c) Yes, if born in India
(d) Yes, if resided in India for 5 years

Answer: (b)
Explanation: Without a resettlement permit, no citizenship under Article 7.

22. If a person migrated to Pakistan in April 1947 and returned with a permanent resettlement permit, is he a citizen?
(a) Yes
(b) No
(c) Yes, only after Parliament’s law
(d) Yes, if approved by President

Answer: (a)
Explanation: Permit for permanent return restores eligibility for citizenship.

23. Which system was used for returnees under Article 7?
(a) Visa system
(b) Permit system
(c) Amnesty scheme
(d) Passbook system

Answer: (b)
Explanation: Permit system regulated returning migrants.

24. Article 7 applies to migration:
(a) From India to Pakistan only
(b) From Pakistan to India only
(c) Both directions
(d) To Nepal

Answer: (a)
Explanation: It covers people who left India for Pakistan and returned.

25. Persons returning from Pakistan under Article 7 without a permit were considered:
(a) Illegal entrants
(b) Stateless persons
(c) Pakistani citizens under Indian law
(d) Refugees with partial rights

Answer: (a)
Explanation: They were not citizens under Article 7.

26. Under Article 7, if a person migrated to Pakistan before 1 March 1947, he is governed by:

(a) Article 5
(b) Article 6
(c) Article 7
(d) Article 8

Answer: (a)
Explanation: Migration before 1 March 1947 does not fall under Article 7; such persons are governed by Article 5 (domicile at commencement).

27. If a person migrated to Pakistan in September 1947 and returned in 1948 without a permit, he is:

(a) A citizen under Article 5
(b) A citizen under Article 6
(c) Not a citizen under Article 7
(d) Eligible for Article 8

Answer: (c)
Explanation: No permit → No citizenship under Article 7.

28. If a person migrated to Pakistan in July 1947 but came back with a permit for permanent return, he is:

(a) Eligible for citizenship
(b) Disqualified permanently
(c) A foreigner
(d) Stateless

Answer: (a)
Explanation: Permit for permanent return restores citizenship eligibility.

29. Which word indicates Article 7 overrides Articles 5 and 6?

(a) Subject to
(b) Notwithstanding
(c) Provided that
(d) Except

Answer: (b)
Explanation: “Notwithstanding” means despite anything in previous articles.

30. What is the primary intention of Article 7?

(a) Granting dual citizenship
(b) Preventing indiscriminate return of migrants
(c) Facilitating free movement
(d) Protecting economic migrants

Answer: (b)
Explanation: It was meant to control and regulate returning migrants.

Permit & Procedure

31. Which permit type under Article 7 qualifies for citizenship restoration?
(a) Temporary permit
(b) Resettlement permit
(c) Tourist permit
(d) Employment permit

Answer: (b)
Explanation: Only permit for resettlement or permanent return applies.

32. Which government authority was responsible for issuing resettlement permits?
(a) State Governments
(b) Dominion Government of India
(c) Supreme Court
(d) High Courts

Answer: (b)
Explanation: The Dominion Government had power to issue permits.

33. The word “migration” in Article 7 refers to:
(a) Legal travel only
(b) Permanent movement to Pakistan
(c) Temporary visits only
(d) Both temporary and permanent

Answer: (b)
Explanation: Migration implies leaving India for Pakistan permanently.

34. Persons without a permit under Article 7 were considered:
(a) Indian citizens under Article 6
(b) Foreigners under Indian law
(c) Stateless persons by default
(d) Conditional citizens

Answer: (b)
Explanation: Without permit → treated as foreigners.

35. Which year was the permit system introduced in India?
(a) March 1947
(b) July 1948
(c) January 1950
(d) December 1946

Answer: (b)
Explanation: The permit system was introduced on 19 July 1948.

Judicial & Legislative Questions

36. Which case clarified the effect of migration to Pakistan on Indian citizenship?
(a) Berubari case
(b) State of Bihar vs Kumar Amar Singh
(c) Golaknath case
(d) Indira Gandhi vs Raj Narain

Answer: (b)
Explanation: This case interpreted Article 7 in detail.

37. Article 7 is a part of:
(a) Part I
(b) Part II
(c) Part III
(d) Part IV

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

38. Is Article 7 applicable today?
(a) Yes, fully
(b) No, it was transitional
(c) Yes, for NRIs
(d) Yes, for refugees today

Answer: (b)
Explanation: It was only for Partition-related migration.

39. Can Parliament change provisions of Article 7?
(a) No, it is permanent
(b) Yes, under Article 11
(c) Only with Supreme Court consent
(d) Only during Emergency

Answer: (b)
Explanation: Parliament can make citizenship laws under Article 11.

40. Under Article 7, the term “permit” was used for:
(a) Voting rights
(b) Permanent settlement return
(c) Temporary employment
(d) Travel to Pakistan

Answer: (b)
Explanation: It was specifically for resettlement/permanent return.

Examples & Scenario-Based

41. A person migrated to Pakistan in March 1947 but came back in May 1947 without a permit. Is he a citizen?
(a) Yes, Article 5 applies
(b) No, Article 7 applies
(c) Yes, under Article 6
(d) Only after Citizenship Act, 1955

Answer: (b)
Explanation: Migration after 1 March 1947 triggers Article 7 conditions.

42. A person migrated to Pakistan in April 1947 and returned with a resettlement permit in 1949. Is he a citizen?
(a) Yes
(b) No
(c) Yes, after President’s consent
(d) Yes, only under CAA

Answer: (a)
Explanation: Permit for resettlement makes them eligible.

43. A person migrated to Pakistan before 1 March 1947. Which Article applies?
(a) Article 5
(b) Article 6
(c) Article 7
(d) None

Answer: (a)
Explanation: Article 5 governs such cases, not Article 7.

44. Why was “permit for resettlement” introduced?
(a) To regulate returnees from Pakistan
(b) To allow free movement
(c) To encourage business
(d) To protect property

Answer: (a)
Explanation: It was a security and regulation measure.

45. What happens if a person had a temporary visit permit, not a resettlement permit?
(a) Becomes a citizen
(b) Does not become a citizen
(c) Automatically gets citizenship
(d) Needs President’s permission

Answer: (b)
Explanation: Only permanent return permit qualifies.

Conceptual & Analytical

46. Which constitutional principle influenced Article 7?
(a) Equality
(b) Security and sovereignty
(c) Federalism
(d) Secularism

Answer: (b)
Explanation: It was a security measure after Partition.

47. Which Article gives power to Parliament to legislate citizenship later?
(a) Article 10
(b) Article 11
(c) Article 12
(d) Article 8

Answer: (b)
Explanation: Article 11 empowers Parliament.

48. Why is Article 7 called a “negative provision”?
(a) It denies citizenship to a category of people
(b) It grants citizenship
(c) It removes voting rights only
(d) It deals with foreigners

Answer: (a)
Explanation: It denies citizenship unless special conditions are met.

49. Article 7 was meant for:
(a) Future migrants
(b) Partition-era migrants
(c) Illegal immigrants after 1971
(d) All Indians abroad

Answer: (b)
Explanation: It applied only at the time of Partition.

50. Article 7 uses the phrase “notwithstanding anything in Articles 5 and 6” to mean:
(a) It supports them
(b) It overrides them
(c) It is equal to them
(d) It follows them

Answer: (b)
Explanation: It overrides Articles 5 and 6 in relevant cases.