No Separate Domicile For States ; State Reorganization Cannot Take Away Fundamental Right Of Indian Citizens To Reside & Settle In Any Part Of Country: Supreme Court
Live LawThe Supreme Court observed that there is only one domicile i.e. The bench of Justices Indira Banerjee and V. Ramasubramanian observed that State Reorganization laws cannot take away from citizens, the right to reside and settle in any part of the country. Reorganization Act cannot take away from citizens, the right to reside and settle in any part of the country The power to admit and include States into the Union under Article 2 of the Constitution, and to form new States and/or reorganize State, is in its very nature of the power, wide and its exercise necessarily guided by 7 AIR 1984 SC 1420 26 political issues of considerable complexity, many of which may not be judicially manageable.. Case details State of Telangana vs B. Subba Rayadu | 2022 LiveLaw 767 | SLP 1565-66 OF 2021 | 14 September 2022 | Justices Indira Banerjee and V. Ramasubramanian Headnotes Constitution of India, 1950 ; Articles 2,3 13, 19 - Andhra Pradesh State Reorganisation Act, 2014- There is only one domicile i.e. domicile of the country and there is no separate domicile for a State -The Reorganization Act or any guidelines framed thereunder cannot take away from citizens, the right to reside and settle in any part of the country - When a State is divided and the employees and officers of the State Government have to be allotted to the two states, such allocation has to be done on the basis of the Rules and Regulations and by guidelines - However they have to be construed harmoniously with the fundamental rights guaranteed under the Constitution of India.
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