Article 7 makes special provisions regarding the citizenship rights of persons who migrated to Pakistan after March 1, 1947 but returned to India subsequently. While it has been made clear that any person migrating to Pakistan after March 1, 1947 ceases to be a citizen of India, an exception has been made in the case of those returning to India on the basis of permits for resettlement in India. Such persons became entitled to be citizen of India if they fulfilled the conditions stipulated for migrants from Pakistan provided under Article 6. It is necessary that in such cases too visits of the migrant must not be for short or limited periods or be of a temporary nature for purpose of business or otherwise (State v. Amar Singh, AIR 1955 SC 282; Ataur Rahman v. State of Madhya Pradesh, AIR 1951 Nag. 44). It is well to remember that the "migration"referred to in this Article connotes migration before the commencement of the Constitution. Cases pertaining to the period thereafter are to be governed by the Citizenship Act, 1955. Also, "migrated" has been defined to mean voluntarily going over to Pakistan from India permanently or temporarily (Kultahil v.State of Kerala, AIR 1966 SC 1974).
0 comments: