AIR 1963 RAJASTHAN 11 ::1962 RajLW 399 ::ILR (1962) 12 Raj 493

Rajasthan High Court

Hon'ble Judge(s): I. N. Modi, L. N. Chhangani , JJ

Constitution of India , Art.5, Art.9— Essentials of citizenship - "Domicile", meaning of - Domicile of choice - Acquisition - Onus lies upon person claiming it. According to Article 5, before a person could be entitled to have the status of Indian citizenship on the coming into force of the Constitution, he must have had his domicile in India, and then he must have had any one of the three qualifications which have been mentioned in that Article.(Para 6) The word "domicile", broadly speaking, means the permanent place of dwelling, or home of the person concerned. Every person is supposed to have a domicile in law. This would usually be the place where the person is born, in the absence of any other domicile.(Para 6) Where a person wants it to be held that he had abandoned his domicile of origin, a very heavy onus lies on him and he must lead clear and cogent evidence before he can be held to have discharged that onus. Mere residence in any other country, even for a certain number of years, cannot be held to be sufficient to give that person a domicile of choice where he has held any other domicile, namely, that of origin and where such residence does not appear to have been attended with the intention of making the other country his home. Constitution does not accept the concept of dual citizenshi....