AIR 2011 UTTARAKHAND 50 ::2011 (4) All LJ 198 ::(2012) 90 All LR 641 ::(2011) 3 UC 2145

Uttarakhand High Court

Hon'ble Judge(s): Barin Ghosh , C.J. AND Sudhanshu Dhulia , J

Constitution of India , Art.226, Art.5— Caste certificate - Denial - Validity - Indian legal system recognizes only one domicile i.e. 'domicile of India' - Concept of regional or provincial domicile is alien to Indian legal system - Consequently denial of caste certificate to petitioner by State authorities in Uttarakhand on ground that she was presently domicile of State of Uttar Pradesh and not of Uttarakhand, improper. In India there is only one domicile and each citizen carries with him or her one single domicile which is the "Domicile of India". The concept of regional or provincial domicile is alien to Indian Legal System. Even Art. 5 of Constitution while explaining "citizenship" speaks of "domicile in the territory of India", and not in the territory of "Province". The difference in personal laws in India is also not regional based but religion or community based and a "Muslim" or a "Hindu" will be governed by a single system of personal laws irrespective of where and in which State he resides. The entire country has no legal system, denoting one single domicile and therefore, the concept of domicile in India as also the application of principles of domicile would be different to what its application would be in England, Scotland or Wales. Since the petitioner is a domicile of India, it matters little whether she presently stays in Utt....