Domicile-Based Reservation For PG Medical Admissions Unconstitutional: Supreme Court

NEW DELHI: In a landmark judgment on January 29, the Supreme Court ruled that the concept of regional or provincial domicile does not exist in India’s legal system. According to the Supreme Court, all Indian citizens share a single domicile, which is the "domicile of India." The ruling came while declaring that reservations in post-graduate medical admissions based on residence are unconstitutional.

The Supreme Court clarified that domicile is a legal concept used to determine a person's applicable personal law, not to distinguish between regions within a country. It noted that while some states incorrectly use "domicile" to mean permanent residence, the correct interpretation is as per Article 5 of the Constitution, which defines domicile as the territory of India, and this applies uniformly to all citizens.

The bench comprising Justice Hrishikesh Roy, Justice Sudhanshu Dhulia and Justice SVN Bhatti observed, "Each citizen of this country carries with him or her, one single domicile which is the 'Domicile of India. The concept of regional or provincial domicile is alien to the Indian legal system."

The judgment referred to past cases and discussions from the Constituent Assembly, where it was decided that residence within a state should not be a criterion for public employment or educational admissions.

The Supreme Court emphasized that discrimination based on state residence is prohibited under Article 15 of the Constitution. It further stated that only Parliament can make laws that require residence for state employment, ensuring uniformity across India.

In conclusion, the Supreme Court affirmed that all citizens are domiciled in India, have the right to live and work anywhere in the country, and should not be restricted by residence-based reservations in education or employment.

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