Introduction
- According to the article’s main paragraph, anyone who moved from Indian territory to areas that are now a part of Pakistan is not allowed to exercise their rights as an Indian citizen.
- Additionally, if a person has already immigrated from India to Pakistan and has asked for resettlement, the approval of citizenship will be handled by an official appointed by the Indian government.
- Because the migrants from India to Pakistan had already “transferred their loyalty” to another nation, some members thought this piece was “obnoxious.”
- It was suggested that immigrants from Pakistan should be treated similarly to other foreigners and be given the opportunity to naturalize. Others, however, countered this notion by pointing out that licenses would not be granted carelessly.
- The Chairman of the Drafting Committee also reminded the Assembly that the Indian government was required to fulfill its pledge to take action on Pakistani migrants who needed rehabilitation and resettlement as well as to establish a permit system for citizenship claims. Reversing these statements would be “invidious” and result in the “gravest injustice.”
What is stated in Article 7?
- Citizenship rights of some immigrants to Pakistan Despite the provisions of Articles 5 and 6, a person who moved from India’s territory to the area that is now part of Pakistan after the first day of March 1947 is not regarded as an Indian citizen:
- For the purposes of clause (b) of Article 6, however, every such person shall be deemed to have migrated to the territory of India after the nineteenth day of July, 1948. However, nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to that territory under a permit for resettlement or permanent return issued by or under the authority of any law.
The Indian Constitution has established provisions for migrants from Pakistan who have received a notice of return or resettlement. After moving from India to Pakistan, Article 7 prohibits exercising citizenship rights. Additionally, if an individual receives resettlement or returns notification from legitimate authorities, citizen rights may still be conferred even after relocation. The person must also be a resident of more than six at the time of registration. If both parents were born in India, among other criteria, a non-resident of India may be granted citizenship.
Provisions under Article 7 (excepted from Citizenship Amendment Act 1955)
Citizen by Birth: Anyone born on or after January 1, 1950, is a citizen by birth. All those born between January 1, 1950, and July 1, 1987 were included in the limit. If the person was not an illegal immigrant, the Citizenship Amendment Act of 2003 recognized citizenship by birth. Additionally, parents who were born in India but are currently residing abroad may petition for citizenship.
Citizenship through descent: If either of the applicant’s parents was living in India at the time of birth, they may petition for citizenship. As a result, the person’s birth certificate should be from an Indian municipal corporation and include parental residency documentation.
Citizenship may be obtained by registration if one or both partners is Indian. At the time of registration, the marriage should not have been less than years.
Also included in the Indian Constitution are provisions for Article 7 impeachments, subject to parliamentary legislation. Additionally, depending on the socioeconomic environment, any article could be impeached.