Bare ActOfficial Text of Article 6
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either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and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.
Article 6 is a special rule for Partition migrants, people who came to India from the area that became Pakistan (both West Pakistan and East Pakistan, today's Bangladesh). It works even if they could not meet Article 5's domicile test.
Condition 1, roots in undivided India: the person, a parent or a grandparent must have been born in undivided India as defined in the Government of India Act, 1935 (which included today's Pakistan and Bangladesh).
Condition 2 depends on the arrival date. Came before 19 July 1948? Then they only needed to have lived in India since arriving: citizenship was automatic. Came on or after 19 July 1948? Then they had to apply and get registered by a government officer before 26 January 1950, and must have lived in India for at least 6 months before applying.
Why 19 July 1948? That is when India started a permit system for movement from Pakistan, so later arrivals had to go through paperwork.
🏠 Everyday Analogy
Imagine a school that is split into two campuses. Students who shifted to the new campus in the first rush were enrolled automatically. Once the school started issuing transfer certificates, anyone who moved after that date had to fill a form and stay on campus for six months before being enrolled.
🇮🇳 Real Indian Example
Harbans Singh's family left Lahore in September 1947 and settled in Amritsar. His grandfather was born in Lyallpur in undivided India, and the family had lived in India ever since. He became a citizen automatically under clause (b)(i). His cousin, who came from Dhaka in December 1948, had to register with an officer and show six months' stay in India, under clause (b)(ii).
Part II at a GlanceArticle 6 and the Other Citizenship Articles (5 to 11) Compared
Part II of the Constitution (Articles 5 to 11) only answered one question: who was an Indian citizen on 26 January 1950? Partition made that question hard, so each Article handles one group of people:
- Article 5: the general rule. A person domiciled in India who was born in India, or had a parent born in India, or had lived here for five years.
- Article 6: people who came from Pakistan to India. Before 19 July 1948: automatic; on or after it: registration.
- Article 7: the reverse case. People who went from India to Pakistan after 1 March 1947 are not citizens, unless they came back on a resettlement permit; they are then treated like Article 6 migrants who arrived after 19 July 1948.
- Article 8: people of Indian origin living abroad, who could register at an Indian embassy or consulate.
- Article 9: anyone who voluntarily took a foreign citizenship before 26 January 1950 is not an Indian citizen.
- Articles 10 and 11: citizenship continues, but Parliament makes all future rules. It did so in the Citizenship Act, 1955.
Memory trick: 5 = everyone at home, 6 = came in, 7 = went out, 8 = living abroad, 9 = chose another country, 10-11 = Parliament takes over.
Article 6 TodayArticle 6 Today: Section 6A, the Assam Accord and the 2024 Supreme Court Verdict
Article 6 closed on 26 January 1950, but its idea of cut-off dates for migrants still shapes Indian law. After the Assam Accord (1985), Parliament added Section 6A to the Citizenship Act, 1955:
- People of Indian origin who came to Assam from Bangladesh (then East Pakistan) before 1 January 1966 are citizens.
- Those who came from 1 January 1966 to before 25 March 1971 can register as citizens after being detected as foreigners, but cannot vote for ten years.
- Those who came on or after 25 March 1971 are not covered.
Petitioners argued that Section 6A broke the cut-offs in Articles 6 and 7. On 17 October 2024 a five-judge Constitution Bench, by 4:1, upheld Section 6A. The majority said Articles 6 and 7 only fix citizenship on the day the Constitution began; under Article 11 Parliament can give citizenship to later groups. Justice J. B. Pardiwala dissented.
The same logic supports the Citizenship (Amendment) Act, 2019, which uses its own cut-off (31 December 2014) for six minority communities from Afghanistan, Bangladesh and Pakistan; its rules were notified in March 2024 and petitions against it are pending in the Supreme Court.
Quick RevisionKey Points to Remember
- Covers migrants from Pakistan to India (including from today's Bangladesh).
- Roots test: self, parent or grandparent born in undivided India (GoI Act, 1935).
- Arrived before 19 July 1948: automatic citizenship if ordinarily resident since migration.
- Arrived on or after 19 July 1948: needed registration plus 6 months' residence before applying.
- Article 6 overrides Article 5 ("Notwithstanding anything in article 5").
UPSC · State PSC · JudiciaryExam Corner
- Key date: 19 July 1948, when the permit system for migration from Pakistan began.
- "India as defined in the GoI Act, 1935 (as originally enacted)" means undivided India (British provinces and the princely States), which covered today's Pakistan and Bangladesh; questions often test this phrase.
- Registration was done by an officer of the Dominion of India government, before 26 January 1950.
- Articles 6 and 7 are a pair: Article 6 = migrants to India; Article 7 = migrants to Pakistan.
Practice MCQTest Yourself: Article 6
A person migrated from Pakistan to India on 10 August 1948. What did Article 6 require for citizenship at the commencement of the Constitution?
Doubts ClearedFrequently Asked Questions
Why is 19 July 1948 important in Article 6?
It is the cut-off date. Those who came before it became citizens automatically if they had lived in India since arriving. Those who came on or after it had to register, because a permit system started that day.
Did Article 6 cover people from East Pakistan (now Bangladesh)?
Yes. "Territory now included in Pakistan" in 1950 meant both West and East Pakistan, so migrants from today's Bangladesh were also covered.
How long did a later migrant need to live in India before registering?
At least six months immediately before the date of the application.