NEW DELHI, Jan 29: The Supreme Court on Wednesday observed that the concept of regional or provincial domicile is incompatible with the Indian legal framework.
It emphasized that all citizens of the country possess a single domicile – the “Domicile of India.”
A bench comprising Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, and Justice SVN Bhatti made these remarks while ruling that residence-based reservations in postgraduate (PG) medical admissions are unconstitutional.
“Domicile acquires importance only when different systems of law operate within a country. However, this is not the situation in India. Each citizen carries a single domicile, which is the ‘Domicile of India,'” the Court observed.
The bench referred to the landmark Pradeep Jain vs Union of India (1984) judgment, which clarified that the term “domicile” is often misinterpreted by State governments to mean “permanent residence.”
Justice Dhulia, authoring the judgment, highlighted that domicile is a legal concept primarily used to determine the personal law applicable to an individual.
The Court reiterated that the Constitution of India prohibits discrimination based on residence under Article 15. Article 16 further specifies that only Parliament, not State legislatures, can prescribe residence requirements for public employment in certain situations under Clause 3.
Referring to the Constituent Assembly Debates, the Court highlighted that the overwhelming view was against using residence as a criterion for government employment. The framers of the Constitution advocated for a single citizenship framework that allows citizens to live and work freely across the country without being restricted by state boundaries.
The judgment emphasized,”We are all domiciled in the territory of India. Our common bond as citizens gives us the right not only to choose our residence anywhere in India but also to carry on trade, business, or profession and seek admission in educational institutions across the country.”
The Court concluded that the concept of a state-based domicile in India is a misconception and reiterated that all Indians share one domicile as defined under Article 5 of the Constitution.
(UNI)