Law and You > Constitutional Law > Concept of Domicile, Nationality, and Citizenship
In this article, we shall study about citizens, citizenship, nationality and domicile.
Nationality:
Nationality is the status of belonging to a particular nation. ‘citizenship’ indicates the relationship between an individual and a nation-state. Article 15 of the Universal Declaration of Human Rights declares that “Everyone has the right to a nationality” and “No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality”.
To be a national, is to be a member of a state. Nationality is acquired by birth or adoption, marriage, or descent (the specifics vary from country to country). Having a nationality is crucial for receiving full recognition under international law.
Citizenship:
Citizenship is a narrower concept compared to that of nationality. Citizenship is a specific legal relationship between a state and a person. It gives that person certain rights and responsibilities. Article 15 of the Universal Declaration of Human Rights is silent on citizenship.
Citizenship does not have to accompany nationality. In Mexico, a person acquires nationality at birth but receives citizenship only upon turning 18: Mexican children (below 18), therefore, are nationals but not citizens.
Benefits of Citizenship:
- It can be retained for a lifetime
- It can be passed to children
- Citizens have all the rights, privileges, and responsibilities defined by the law of their country, such as the right to vote, participate in politics, work, access education, and obtain healthcare
- Citizens need not fulfill any minimum stay requirements.
- Citizens can call upon their country for assistance and protection, and access any embassy, consulate when traveling abroad.
- It gives stability and certainty.
- According to Article 15 of the UN’s Universal Declaration of Human Rights, citizenship guarantees nationality.
- Citizenship gives the right to acquire the passport of the country.
Citizenship Under the Constitution of India:
Citizenship connotes certain rights, duties, privileges, and obligations. A citizen of a State is a person who enjoys full civil and political rights while those who do not have such rights are called aliens. Citizenship means that the citizen shall receive certain care, protection, facilities, be entitled to hold offices, be eligible for recruitment to public services and be subjected to certain obligations such as taxation, etc.
At the time of freedom due to partition two nations, India and Pakistan were created. The freedom was given to Indian states to either join the Union or leave it, the citizenship law had to be incorporated in the constitution itself. India is one of the few countries whose citizenship law is incorporated in the constitution itself.
Part II of the Constitution of India (Articles 5-11) deals with the Citizenship of India. Article 5 speaks about the citizenship of India at the commencement of the Constitution (Nov 26, 1949). Article 11 gave powers to the Parliament of India to regulate the right of citizenship by law. Thus Citizenship Act 1955 was enacted by the Parliament. It is an Act to provide for the acquisition and termination of Indian citizenship, and the same Act speaks about the citizenship of India after the commencement of the Constitution. Under the Indian Constitution, certain fundamental rights are available only to citizens. Aliens do not enjoy these rights.
Domicile:
The term ‘Domicile’ is not defined in the constitution. Ordinarily, it means a permanent home or place where a person resides with the intention of remaining there for an indefinite period. A person cannot have more than one domicile.
The concept of domicile has been explained by a distinguished American Judge, Oliver Wendell Holmes J, “the very meaning of domicile is the technically pre-eminent headquarters that every person is compelled to have in order that certain right and duties that have attached to it by the law may be determined”
Difference Between Domicile and Residence:
Domicile is not the same thing as the residence. Residence implies a purely physical fact, the fact of just being and living in a particular place. But domicile is not only the residence, but it is the residence coupled with the intention to live indefinitely in the place.
Importance of Domicile:
- Domicile in India is an essential requirement for acquiring Indian citizenship.
- Domicile plays an important role in the writing of Will, intestate succession and succession planning.
- The Indian Succession Act, 1925 provides that succession to immovable property in India is to be regulated by the law of India whenever a person has domiciled in India at the time of his death. Hence, the concept of domicile is important while determining the distribution of property after the death of a person
General principles of Domicile:
It is necessary to connect a person with some legal system to regulate his legal relationships. Under both Indian and English private international law, there are four general rules in respect of domicile
- No person can be without a domicile.
- No person can at the same time have more than one domicile.
- An existing domicile is presumed to continue until it is proved that a new domicile has been acquired.
- Domicile denotes the connection of a person with a territorial system of law
Types of Domicile:
There are three types of domicile, as organized under common law and statutes. They are:
- Domicile of origin,
- Domicile of choice or necessary domicile.; and
- Domicile by operation of law.
These types are discussed in detail in the next articles. Domicile may also be classified as domestic domicile, foreign domicile, national domicile, state domicile, county domicile, or municipal domicile.
Case Laws:
In Mohammad Raza v. State of Bombay, AIR 1966 S.C. 1436, case the Supreme Court held that the term domicile means a permanent house
or place where the person concerned resides with the intention of remaining for an indefinite period.
In Pradeep Jain v. Union of India, (1984) 3 S.C.C. 654, case the Court held that the domicile of a person is in that country in which he either has or is deemed by law to have his permanent house.