Article 7 of the Indian Constitution:

Article 7 of the Indian Constitution tells us about the rights of Citizenship of Certain Migrants to Pakistan.

According to Article 7:

A person who moved from the Indian territory now comprising Pakistan after the 1st of March 1947 will not be considered to be a citizen of India, regardless of anything in citizenship articles 5 and 6.

Given that nothing in this article shall apply to a person who after having migrated to the territory now included in Pakistan has returned to the Indian territory under a permit for resettlement or returning permanently issued by the authority of any law and every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the 19th day of July 1948.

Article 7 of the Indian Constitution explained:

On the 10th, 11th, and 12th of August 1949, drafted Article 5AA (Article 7) was considered.

The Draft Article dealt with citizenship claims made by those who had moved to Pakistan.

History of Article 7 of the Indian Constitution:

Some members thought this article was “obnoxious” since people who migrate from India to Pakistan “transfer their loyalties” to a different nation. The permission system favours these people and makes it simpler for them to become Indian citizens. Instead, it was claimed that Pakistani migrants should be regarded the same as other foreigners, and that they should be able to obtain citizenship through naturalisation. Others, on the other hand, countered this notion by stating that licences would not be granted haphazardly.

Further, the members of the Drafting Committee reminded the Assembly that the Indian government had promised rehabilitation and resettlement measures for migrants from Pakistan and put in place a permit system for citizenship claims. Going back on these words would be ‘invidious’ and cause ‘grossest injustice’.

One member stated that the legislation considered property left behind by refugees as “evacuee property.” How would property claims be resolved upon a person’s return and later attainment of Indian citizenship? In international or local law, there is no link between citizenship and property rights, according to a member of the Drafting Committee.

On August 12, 1949, the Assembly passed this article with no changes.