Domicile, Residence and Place of Birth
The Central Government has framed new rules to define Domicile in Union Territory of Jammu and Kashmir. All Jobs have also been reserved for domiciles to protect the interests of the localities.
Section 3A of the J&K Reorganisation (Adaptation of State Laws) Order 2020, under the J&K civil services (decentralisation and recruitment) Act, has been introduced to define domicile.
• Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.
• Article 16 provides for equality of opportunity for all citizens in matters of employment or appointment to any office under the State. No citizen can be discriminated against or be ineligible for any employment or office under the State on grounds of only religion, race, caste, sex, descent, place of birth or residence.
• Parliament can prescribe residence as a condition for certain employment or appointment in a state or union territory or local authority or other authority. As the Public Employment (Requirement as to Residence) Act, 1957 expired in 1974, there is no such provision for any state except Andhra Pradesh and Telangana.
• Notice that “domicile” is not included in both the Constitutional provisions on the basis of which only the state cannot discriminate. So, the State can pass laws giving reservation in jobs to its own domiciles. Recently, all jobs have been reserved in J&K for its domiciles only.
• Article 19(1)(e) provides all citizens with the right to reside and settle in any part of the territory of India.
o Reside- to stay at a place temporarily (Residence).
o Settle- to set up a home or domicile permanently (Domicile).
Domicile is the place where one maintains a permanent home. He or she intends to remain in this place indefinitely. The domiciliary status subjects a person to specific laws meant for domiciles only.
At birth, your domicile of origin is the home you share with your parents. This location remains your domicile until you reach the age of majority and acquire a domicile of choice.
The State Governments issue the domicile certificate to prove that a person is a resident of a certain State.
Residence vs. Domicile
The distinguishing factor between the two words is the length of time one intends to live there.
A residence is a home one expects to live in for a temporary period, whereas a domicile is a home one plans to live in for an indefinite period.
Your domicile is also your residence, but your residence may or may not be your domicile.
For example: Many migrants in India remain a domicile of their state of origin while becoming a resident of different states. You might have noticed two addresses (Permanent and Residency/ Communication) being asked while filling forms for opening a bank account or for applying to an exam.
In India, one can only be enrolled for voting at the place of your residence.
PEPPER IT WITH
Son of Soil theory; Citizenship on the basis of birth, Dual Citizenship, Tax residency