Q. Explain “Citizenship by Domicile”.

Answer

Articles 5-11 of our Constitution deals with the provisions related to citizenship in India, more specifically, article 5, deals with citizenship by the way of domicile. But, the irony is that, the word domicile is nowhere defined in the Constitution.

Our judiciary, time and again, explained the sense of this word in catena of cases, for example, in the case of (Kuldeep Naiyar V. UOI) and (UOI And Ors V. Dudh Nath Prasad.)

Now it becomes a settle principle in this regard that Domicile means:

I.                     It should not be a temporary place for living,

II.                   Intention to live for longer period, or indefinite period must be there,

III.                 It should not be confused with residence. Both are different terms.

The domicile can be of 2 types:

I.                     Domicile of origin or domicile of birth, and

II.                   Domicile of choice: it can be change, as a person intend and shift to the another place, with the intention to live there for the indefinite period.

Article 5 of Indian Constitution contains the relevant provision in this regard. It provides that, during the commencement of the Constitution of India:

I.                     each person who has his or her domicile in the territory of India  and

A.      who was born in the Indian territory; or,

B.      either of whose parents was born in the Indian territory; or,

C.      An individual who has been ordinarily resident in the Indian territory for at least 5 years immediately preceding such commencement, shall be a citizen of India.

 

  Also Read:

1. State the provisions related to citizenship of India provided in the Indian Constitution.
2. Explain the objectives enshrined in the Preamble. Can the Preamble be amended?
3. Describe special features of the Indian Constitution.

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