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The Constitution provides a set of rules that allow coordination of individuals living within society irrespective of their caste, creed, or other ethnicities. In simpler words, the Constitution is a body highlighting fundamental principles under which states are constituted or governed.
For example, as per the rule of the Constitution, Parliament has the highest powers as it is the primary custodian for passing bills on laws and policies. Thus, the commencement of this Constitution has included rules in the form of articles which will be discussed in this article.
Citizenship
This article denotes citizenship rights to any migrated individuals from countries like Pakistan. However, before discussing citizenship rights, it is essential to understand basic concepts of the same. Thus, citizenship implies full and equivalent membership of any political community.
The contemporary world has defined rights and identities that any individual could hold. Thereby, being Japanese, Indian, German, it means rights given to individuals in respective countries.
A Japanese person is considered Japanese as they hold certain rights from the state. If a person has migrated from a country (India) and took a political identity of another country (America), they would often be considered Indian-originated American citizens.
Being a citizen of any political community is essential as it provides power to select the government, contribute directly or indirectly towards development, seek benefits like healthcare, education, and others.
Being a citizen gives an identity to an individual through which travel, education, job & employment, business commencement, and factors or facilities could be availed. Also, illegal migrants or refugees are devoid of any rights, responsibilities, and facilities from state or country membership.
The rights permitted through state membership usually varies from country to country, although some fundamental rights include
- Right to vote
- Freedom of speech
- Right to national minimum wages
- Right to education resources
- Equivalent and basic rights
Unfortunately, these fundamental rights have been acquired from the struggle and fight for independence with powerful monarchies. Citizenship explains the relation between the state and citizens, but it also aims to regulate behaviours amongst members of society.
Article 6- Rights of Citizenship
Commencement of this constitution article was done in the year 1950. It highlights explicitly citizenship rights of those deemed to have migrated to the territory from Pakistan. As it is already known, Pakistan was a part of India; after partition, both states were separated. Hence, for any individual who wishes to live in India as a permanent resident, acquiring Indian citizenship is essential.
Thus, Indian Constitution grants citizenship to migrants only if
- Parents or grandparents originate from India. This must include indices or laws under the Government Act of 1935.
- The individuals who migrated before 19 July 1948 are considered Indian citizens from the migration date.
- For individuals who migrated after the nineteenth day in the July month of 1948, citizenship is approved by the Government of India. The officer will approve citizenship on clause before the commencement of this Constitution in the format and process prescribed by the Indian government.
- All those persons are approved for citizenship if they have lived more than 6 months in any Indian state.
The population of any state is of two subcategories: citizen and non-citizen. Thus, the citizen will enjoy rights related to politics and civil law while the non-citizen has no control over any rights or benefits.
Why acquiring Indian citizenship is essential for migrants?
The Indian Constitution has outlined fundamental rights that only Indian citizens could exercise. In addition to the fundamental rights, several critical public offices can be acquired only by Indian citizens that are
- President
- Vice- President
- Supreme Court and high court judges
- Advocate and Attorney general
Although for non-citizens living in India, laws like equal protection, personal liberty, and life protection are applicable. It must be remembered that the Indian Constitution has no permanent provisions related to citizenship. The right of citizenship in Article 6 will only describe person categories that could apply for Indian citizenship.
Debates on Article 6
It has been a longstanding debate that draft Article 5A (now deemed Article 6) was not included in the Draft Constitution of 1948. The constituents of this article were initially enacted in Article 5. This article has outlined the principles for acquiring citizenship for those who migrated from Pakistan during the partition phase.
It was debated whether some clauses were included for waking civil disturbances or fear of the same in either part of the boundary (Pakistan). It was argued that citizenship must be granted with the permanent intention of residing in India as it is of great privilege.
Conclusion
Citizenship is essential for exercising roles and accessing different benefits like education and other fundamental rights. Article 6, under the commencement of this Constitution, identifies citizenship rights to migrants from Pakistan. Article 6 divides citizens who migrated before 1948 and after 1950.
The article provides the obligation that any individual wishing to acquire Indian citizenship must be living in an Indian state or state for more than six months.
