DRAFT CONSTITUTION 805
shall be a citizen of India, provided that he has not voluntarily acquired the
citizenship of any foreign State.
5-A. Notwithstanding anything contained in article 5 of this Constitution, a person who has migrated to the territory Rights of citizenship of of India from the territory now included in certain persons who have Pakistan shall be deemed to be a citizen of nugrated to India from India at the date of commencement of this Pakistan. Constitution if— (a) he or either of his parents or any of his grand-parents was born in India as
defined in the Government of India Act, 1935 (as originally enacted); and
(b) (i) in the case where such person has so migrated before the nineteenth day
of July 1948, he has ordinarily resided within the territory of India since the date
of his migration; and
(ii) in the case where such person has so migrated on or after the nineteenth day
of July 1948 he has been registered as a citizen of India by an officer appointed in
this behalf by the Government of the Dominion of India on an application made by
him therefor to such officer before the date of commencement of this Constitution
in the form prescribed for the purpose by that Government:
Provided that no such registration shall be made unless the person making the
application has resided in the territory of India for at least six months before the
date of his application.
5-AA. Notwithstanding anything contained in articles 5 and 5-A of this
Constitution a person who has after the
first day of March 1947. migrated from Rights of citizenship of certain the territory of India to the territory migrants to Pakistan. 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 (h)
of article 5-A of this Constitution be deemed to have migrated to the territoty of
India after the nineteenth day of July 1948.
Shri Jaspat Roy Kapoor (United Provinces : General) : This, you had
said, would be moved by Mr. T. T. Krishnamachari.
The Honourable Dr. B. R. Ambedkar : I have included it in the
consolidated article as I am proposing to accept the amendment which will
be moved by him.
5-B. Notwithstanding anything contained in articles 5 and 5-A of this Constitution,
any person who or either of whose parents
Right of citizenship of certain persons or any of whose grand parents was born of Indian origin residing outside India. in India as defined in the Government of India Act, 1935 (as originally enacted) and
who is ordinarily residing in any territory
outside India as so defined shall be deemed to he 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 prescribed for the purpose by
the Government of the Dominion of India or the Government of India.