ARTICLE 5
Constitution of India📌 :
Article 5
Citizenship at the commencement of the Constitution.- At the commencement of thid Constitution every person who has his domicile in the territory of the India and-(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.
💡 COMMENTS 📍
Domicile are of three kinds, viz., domicile of origin, the domicile by operation of law and the domicile of the choice. Domicile of origin is not necessarily the place of birth. The birth of a child at a place during temporary absence of the parents from their domicile will not make the place of birth as the domicile of the child. In the domicile of choice one is abandoned and domicile is acquired but for that, the acquistion of another domicile is not sufficient. Domicile of origin prevails until not only another domicile is acquired but it must manifest intention of abandoning the domicile of origin; Sondur Gopal vs Sondur Rajini, AIR 2013 SC 2678.
Domicile are of three kinds, viz., domicile of origin, the domicile by operation of law and the domicile of the choice. Domicile of origin is not necessarily the place of birth. The birth of a child at a place during temporary absence of the parents from their domicile will not make the place of birth as the domicile of the child. In the domicile of choice one is abandoned and domicile is acquired but for that, the acquistion of another domicile is not sufficient. Domicile of origin prevails until not only another domicile is acquired but it must manifest intention of abandoning the domicile of origin; Sondur Gopal vs Sondur Rajini, AIR 2013 SC 2678.
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Constitution