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Article 7 and 8 of the Constitution of India: Citizenship Rights Explained

Articles 7 and 8 form part of Part II of the Constitution of India, which deals with citizenship at the commencement of the Constitution. Article 7 addresses certain persons who migrated from India to the territory now included in Pakistan, while Article 8 addresses certain persons of Indian origin ordinarily residing outside India.

Current legal context: Articles 7 and 8 are constitutional provisions dealing with citizenship at the commencement of the Constitution. Present-day acquisition and determination of Indian citizenship are also governed by the Citizenship Act, 1955 and the rules made under it. The Ministry of Home Affairs maintains the official citizenship portal for current citizenship services.

Article 7: Rights of citizenship of certain migrants to Pakistan

Article 7 creates a special rule for persons who migrated from the territory of India to the territory now included in Pakistan after 1 March 1947. It begins with a non-obstante clause, meaning that it operates notwithstanding Articles 5 and 6.

Text of Article 7

Rights of citizenship of certain migrants to Pakistan. Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:

Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under 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 nineteenth day of July, 1948.

Meaning and effect of Article 7

  • General rule: A person who migrated from India to the territory now included in Pakistan after 1 March 1947 was not to be deemed an Indian citizen merely by relying on Articles 5 or 6.
  • Exception for permanent return: The proviso protects a person who returned to India under a legally issued permit for resettlement or permanent return.
  • Link with Article 6: A person covered by the proviso is treated, for Article 6( b ), as having migrated to India after 19 July 1948. The citizenship requirements in Article 6 therefore become relevant.
  • Historical character: The provision addresses migration connected with Partition and determines constitutional citizenship at the commencement of the Constitution.

Article 8: Rights of citizenship of certain persons of Indian origin residing outside India

Article 8 deals with persons of Indian origin who were ordinarily residing outside India as defined for this purpose. It recognizes citizenship where the constitutional ancestry requirement is met and the person has been registered as a citizen by an Indian diplomatic or consular representative.

Text of Article 8

Rights of citizenship of certain persons of Indian origin residing outside India. Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

Meaning and requirements of Article 8

  • Indian-origin connection: The person, either parent, or any grand-parent must have been born in India as defined in the Government of India Act, 1935 as originally enacted.
  • Residence outside India: The person must be ordinarily residing outside India as contemplated by Article 8.
  • Registration requirement: Citizenship under Article 8 depends on registration by the diplomatic or consular representative of India in the country where the person is residing.
  • Application: Registration follows an application made in the prescribed form and manner. Article 8 expressly recognizes qualifying registration whether the application was made before or after commencement of the Constitution.

Difference between Article 7 and Article 8

Article 7 primarily addresses the constitutional status of certain persons who migrated from India to Pakistan after 1 March 1947, subject to the exception for return under a permit for resettlement or permanent return.

Article 8 addresses certain persons of Indian origin residing outside India and makes registration by an Indian diplomatic or consular representative an essential element of the constitutional rule.

Articles 7 and 8 and the Citizenship Act, 1955

Part II of the Constitution contains the citizenship provisions applicable at the commencement of the Constitution. Article 11 empowers Parliament to make laws concerning acquisition and termination of citizenship and other citizenship matters. Parliament enacted the Citizenship Act, 1955 for acquisition and determination of Indian citizenship.

Under the current statutory framework, the Citizenship Act, 1955 contains provisions concerning citizenship by birth, descent, registration and naturalisation, along with other citizenship matters. Persons seeking present-day citizenship services should therefore check the applicable provisions of the Citizenship Act, 1955, the Citizenship Rules and current Government notifications rather than treating Articles 7 or 8 as a general present-day application route.

Official legal resources

For authoritative and updated material, see the Constitution of India published by the Legislative Department, the Ministry of Home Affairs Foreigners Division, and the Indian Citizenship Online Portal.

Legal update: This page has been revised to distinguish the historical constitutional operation of Articles 7 and 8 from the current statutory citizenship framework. Always verify the latest Act, rules, notifications and official procedures before filing an application.