SC: There is Only One Domicile i.e., Domicile of the Country & No Separate Domicile for State

LAW GAVEL LAW INSIDER

Khushi Bajpai

Published on: September 15, 2022 at 22:48 IST

The Supreme Court observed that there is only one domicile i.e., domicile of the country, and there is no separate domicile for a state.

The bench of Justices Indira Banerjee and V. Rama Subramanian observed that State Reorganization Laws cannot take away from citizens, the right to reside and settle in any part of the country.

B Subba Rayadu held the state cadre post of Joint Director Class A in the Animal Husbandry Department of the Undivided State Government of the Undivided State of Andhra Pradesh B. Shanthabai, his wife, was also a State Government employee working as an Assistant Registrar in the same state.

The Andhra Pradesh Reorganization Act, 2014 bifurcated the State of Andhra Pradesh into two states: the new state of Telangana and the residue state of Andhra Pradesh, with the effect of Telangana, and the residue state of Andhra Pradesh, tentatively against which he made a representation that he be considered a local candidate of the state of Telangana.

Later, the higher court for the state of Telangana and for the state of Andhra Pradesh at Hyderabad, allowed the writ petitions filed by him. Challenging this, the state approached the apex court.

No Separate Domicile for a State.

“Under the constitution, India is a union of states. Every part of every state is an integral and inseverable part of India. Admittedly, the respondent was born in India. He has his domicile in the territory of India.”

“As held by this court in Dr. Pradeep Jian vs. Union of India, under the Indian constitution, there is only one domicile i.e., domicile of the country and there is no separate domicile for a state.”

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