Domicile is an important criteria for citizenship of any country. Though the term is not defined in the Constitution of India, domicile ordinarily connotes a person's residence where he intends to live on a permanent basis. Thus, a permanent residence and the intention to reside there indefinitely are two important ingredients constituting 'domicile'. (Md. Raza v. State of Bombay, AIR 1966 SC 1436). Article 5 provides that a person becomes entitled to citizenship of India if, at the commencement of the Constitution of India, he has his domicile in the territory of India, he or either of his parents was born in India, or he has been ordinarily resident in the territory of India for not less than five years immediately before the commencement of the Constitution.
Domicile by birth or residence as aforesaid can be changed by a person by exercising his choice declaring his intention to reside in some other country for an indefinite period. In fact, citizenship is denoted by domicile and not inasmuch as it is vitally connected with the territory and not membership of the community which is at the root of the notion of citizenship (Abdul Rehman v. State, AIR 1964 Pat 384). The Constitution avoids dual citizenship; there is one citizenship related to the domicile in the territory of whole India and not in a part of it. There is no separate State citizenship as in the USA. Thus, it is not correct to say that a citizen of India is domiciled in one State or another forming part of the Union of India. The domicile which he has is only one domicile, namely, domicile in the territory of India. (Pradeep Jain v. Union of India, AIR 1984 SC 1420, (1984) 3 SCC 654 ).
Domicile by birth or residence as aforesaid can be changed by a person by exercising his choice declaring his intention to reside in some other country for an indefinite period. In fact, citizenship is denoted by domicile and not inasmuch as it is vitally connected with the territory and not membership of the community which is at the root of the notion of citizenship (Abdul Rehman v. State, AIR 1964 Pat 384). The Constitution avoids dual citizenship; there is one citizenship related to the domicile in the territory of whole India and not in a part of it. There is no separate State citizenship as in the USA. Thus, it is not correct to say that a citizen of India is domiciled in one State or another forming part of the Union of India. The domicile which he has is only one domicile, namely, domicile in the territory of India. (Pradeep Jain v. Union of India, AIR 1984 SC 1420, (1984) 3 SCC 654 ).
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