HomeIndiaNo separate domicile for the state: Supreme Court

No separate domicile for the state: Supreme Court

The Supreme Court bench said that the state reorganization laws cannot curtail the right of a citizen to reside in any part of the country.

The Supreme Court bench said that the state reorganization laws cannot curtail the right of a citizen to reside in any part of the country.

The state reorganization laws cannot curtail a citizen’s right to reside and settle in any part of the country, the Supreme Court has said in a judgment.

A division bench of Justice Indira Banerjee and Justice V. Ramasubramaniam observed that “there is only one domicile, which is the domicile of the country and there is no separate domicile for a state”.

“Under the Constitution, India is a union of states. Every part of every state is an integral and indivisible part of India,” wrote Justice Banerjee, who wrote the judgment.

The bench was considering an appeal filed by Telangana against a High Court decision upholding the claim of an animal husbandry department officer to be posted in Telangana after the bifurcation of the state under the Andhra Pradesh Reorganization Act in 2014.

Concerned officer B Subba Rayudu had argued that he was posted in Hyderabad at the time of partition and should be treated as a local officer of Telangana. Apart from this, his wife is also working in Telangana. The High Court had upheld his case.

“The Andhra Pradesh States Reorganization Act, 2014 or any other guidelines cannot take away from the citizens the right to reside and settle in any part of the country. It is true that when a state is divided and the employees and officers of the state government are transferred to the two states. For allotment to the Government of India, such allocation is to be made on the basis of rules and regulations and guidelines. However, such rules, regulations and guidelines should be construed in harmony with the Fundamental Rights guaranteed under the Constitution.” The apex court noted.

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