question_answer

The citizenship is defined in Article 5 to 11 of our Constitution. Article 5 of the Constitution says that at the commencement of this constitution, every person, who is residing in the territory of India and who born in India or either of his parents born in India or who has been ordinarily resident in the territory of India for not less than five years immediately before commencement of the Constitution, every such person shall be citizen of India. It means any person who born in India or any of his parents born in India is a citizen of India by birth and his citizenship is guaranteed by no other document except the Constitution of India which is supreme law of the land. Therefore the fear of any person who born in India or any of his parents born in India that he can be deprived of his citizenship by any act or rules is baseless and rumours only and is devoid of any merit because any Act of Parliament or of any State or any Rules made there under cannot supersede Indian Constitution.

Article 6 of the Constitution provides citizenship to the persons who do not fulfil criteria of Article 5 but migrated to India from Pakistan at the time of division. Article 6 provides that any such person who migrated to India from Pakistan, who or either of his parents or either of his grandparents born in India as defined in the Government of India Act 1935 and (i) if he migrated before 19 July 1948, he has been ordinarily resident in India since the date of his migration, or if such person migrated to India after 19 July 1948 and he has been registered as a citizen of India by an officer appointed by the central government on an application made by him before commencement of this constitution. However the only condition for such application is that before making such application that person must be residing in India at least six months before his application.

Article 7 provides that notwithstanding anything in article 5 and 6, a person who after 1st March 1947, migrated to Pakistan shall not be deemed to be a citizen of India provided if such person after so migrated to Pakistan, has returned to India under a permit for resettlement or permanent returned issued by or under the authority of any law, shall also be deemed to be so migrated to India under Article 6(b) after 19th July 1948.

With intention to restore and recognise rights of citizenship of the persons who are residing out of India our Constitution under Article 8 provides that if any person who or either of whose parents or any of his grandparents was born in undivided India and who is residing in any country outside India shall be deemed to be a citizen of India, if he is so registered by the diplomatic or consular representative of India in that country.

Which article takes away the citizenship from Indians who have migrated to Pakistan after March 1, 1947?

A) Article 5

B) Article 6

C) Article 7

D) Article 9