Relevant Legislation (Internal Link)
Summary/Remarks
The court held that Rules relating to Influx from Pakistan Act do not specifically deal with a situation involving persons who have migrated from India to Pakistan before the 1st of March, 1947 and who wish to come back and resettle in India. Those Rules were meant to deal with ordinary movement between the two countries. Instead Article 7 of the Constitution applies, which overrides Article 5.