6th Article of Indian Constiution - Provision of Citizenship ad Termination :
The 6th article of the Indian Constitution pertains to the "Rights of citizenship of certain persons who have migrated to India from Pakistan." This article is specifically mentioned under Part II: Citizenship, and it deals with the rights and provisions for individuals who migrated to India from Pakistan after the partition in 1947.
Article 6 states the following:
"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either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and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."
In essence, this article outlines the conditions under which individuals who migrated from the territories that became Pakistan at the time of India's partition can be considered citizens of India. It specifies the requirements related to birth, residence, and registration for acquiring Indian citizenship.
Whenever the topic of autonomy was presented, it resulted in the division of the nation into two sections: India and Pakistan. Individuals were granted the freedom to choose which country they wanted to belong to, based on their ethnicity. Consequently, this situation necessitated the formulation of stringent policies to establish India's identity strategy prior to the commencement of the constitution.
Key Cases Pertaining to Article 6:
In the case of Kulathil Mammu v. Province of Kerala, the term "relocated" in this article was defined. The court determined that the term refers to the voluntary and permanent departure from India to Pakistan.
In the case of State of Bihar v. Kumar Amar Singh, a wife left her husband and went to Karachi. According to her statement, she temporarily went to Karachi for medical treatment. Subsequently, she returned to India and was granted permission to stay after claiming to be a resident of Pakistan.
Later, upon the expiry of the specified period, she returned to Pakistan. When her property in India was to be seized, she sought to obtain permanent citizenship in India. However, it was ruled that since she had relocated prior to the designated date in the provision, she would not be granted permanent citizenship.
In the case of the State of U.P. v. Rehmatullah, it was determined that the Central Government has the authority to take action against individuals who have acquired foreign citizenship and lost their Indian citizenship, but still reside in the country.
The constitutional validity of the Influx from Pakistan Control Act, 1949 was challenged in the Ebrahim Vazir Mavat vs. State of Bombay case. This statute stipulated that individuals owning residences in either India or Pakistan must not enter the premises of either country without permission. Moreover, any individual violating this provision would be charged with an offense. Section 7 empowered the Central Government to refuse citizenship to individuals on specific grounds.
It was ruled that expelling a citizen from the country under Section 7 of the Constitution of India would amount to a deprivation of the right to citizenship as mentioned in Part II of the constitution.
The Citizenship (Amendment) Act of 1986 has been revised as follows:
In accordance with the provisions of this amendment, an individual who is not born in India shall be granted citizenship, provided that both parents are citizens of India at the time of the person's birth.
The Citizenship (Amendment) Act of 1992 has been revised as follows:
It stipulates that if a person is born after January 26, 1950, and before the commencement of this Act, they shall be considered a citizen of India, but their ancestors must have been in India at the time of the person's birth.
Citizenship Termination :
The termination of an individual's citizenship can occur through three methods:
- Dual Citizenship: If an individual holds citizenship in multiple countries, their Indian citizenship may be terminated.
- Voluntary Adoption: If an Indian citizen willingly acquires citizenship in another country, their Indian citizenship may be terminated.
- Government Revocation: The Indian government can revoke an individual's citizenship, thereby stripping them of their Indian citizenship.
India does not have a specific provision for citizenship termination under its Citizenship Act of 1955. However, please note that laws and regulations can change over time, so it's important to consult the latest legal sources or seek professional advice to get accurate and up-to-date information on this matter.
In general, under the Citizenship Act, citizenship in India can be acquired by birth, descent, registration, or naturalization. The act also includes provisions for the renunciation of Indian citizenship by individuals who voluntarily wish to give up their Indian citizenship. Additionally, the act provides certain conditions under which citizenship can be deprived or canceled if it was obtained through fraudulent means or if the person engaged in activities contrary to the interests of India.
It's essential to stay updated with the latest amendments to the Citizenship Act or any other relevant legislation to obtain the most accurate and reliable information regarding citizenship in India, including any provisions related to citizenship termination. I recommend referring to official government sources, such as the Ministry of Home Affairs or consulting with legal experts or professionals well-versed in Indian immigration and citizenship laws for the most accurate and up-to-date information.
भारतीय संविधान के अनुच्छेद -6
भारतीय संविधान का अनुच्छेद 6 निम्नलिखित विषयों पर प्रदान करता है:
अनुच्छेद 6: नागरिकता
यह अनुच्छेद भारतीय नागरिकता को संघ के सदस्य राज्यों के नागरिकों के लिए परिभाषित करता है. इस अनुच्छेद में नागरिकता के प्राप्ति, नागरिकता के गुण, नागरिकता के नुकसान और नागरिकता के त्याग के तत्व दिए गए हैं. यह अनुच्छेद भारतीय नागरिकों के मूलभूत अधिकारों और दायित्वों को सुनिश्चित करने के लिए महत्वपूर्ण है.
इस अनुच्छेद के मुताबिक, भारतीय नागरिकता को प्राप्त करने के लिए व्यक्ति को निम्नलिखित मान्यताओं को पूरा करना होता है:
जन्म के आधार पर: यदि व्यक्ति का जन्म भारत में हुआ है, तो वह भारतीय नागरिक होता है.
पिता के आधार पर: यदि व्यक्ति के पिता भारतीय नागरिक हैं, तो उसे भी भारतीय नागरिकता प्राप्त होती है.
नागरिकता परीक्षण: अगर कोई व्यक्ति भारतीय नागरिकता का प्रमाण दे सकता है, तो उसे भी भारतीय नागरिकता प्राप्त होती है.
इस अनुच्छेद में नागरिकता के त्याग की भी व्यवस्था है, जिसके अनुसार व्यक्ति नागरिकता को त्याग सकता है, अगर वह अन्य देश की नागरिकता प्राप्त करना चाहता है.
यह अनुच्छेद भारतीय नागरिकों के अधिकारों, कर्तव्यों और प्रतिबद्धताओं को सुरक्षित करने के लिए महत्वपूर्ण है और भारतीय संविधान का महत्वपूर्ण हिस्सा है।
टिप्पणियाँ