Consider the following statements regarding Domicile.

1. The Domicile of a person means his permanent home and may include his birthplace.
2. Article 16(3) allows for making provisions in government appointments with respect to residence but not place of birth.
3. The Parliament can only prescribe residence within a state or union territory as a condition for certain employments or appointments in that state or union territory, local authority, or other authority within that state or union territory.

The correct answer/s is/are:

Question

Consider the following statements regarding Domicile.

1. The Domicile of a person means his permanent home and may include his birthplace.

2. Article 16(3) allows for making provisions in government appointments with respect to residence but not place of birth.

3. The Parliament can only prescribe residence within a state or union territory as a condition for certain employments or appointments in that state or union territory, local authority, or other authority within that state or union territory.

The correct answer/s is/are:

Quintessence Classes · Accepted Answer

The correct answer is 1,2 and 3. Definition of Domicile (Statement 1 is Correct):Legal Meaning: Domicile generally refers to a person's permanent home or place where they reside with the intention of remaining there indefinitely.Birthplace Connection: Domicile is classified into two types: Domicile of Origin (acquired by birth) and Domicile of Choice (acquired by moving to a new place with the intent to settle). Therefore, a person's domicile may include their birthplace, though it is not strictly limited to it.Residence vs. Place of Birth (Statement 2 is Correct):Article 16(2): Prohibits discrimination in state employment on grounds of religion, race, caste, sex, descent, place of birth, or residence.The Exception (Article 16(3)): This clause creates a specific exception only for Residence. It allows Parliament to make a law prescribing residence as a qualification for certain jobs. It does not allow "Place of Birth" to be used as a qualification. This distinction is crucial—you can require someone to live in a state to get a job, but you cannot require them to have been born there.Parliament's Exclusive Power (Statement 3 is Correct):Who can make the law? The Constitution gives this power only to the Parliament, not to State Legislatures. This ensures uniformity and prevents states from becoming parochial and excluding citizens from other states arbitrarily.Scope: Parliament can prescribe residence requirements for appointments to the State Government, Union Territory administration, or local authorities within them.

Answer

1 only

Answer

2 and 3 only

Answer

1 and 2 only

Answer & Explanation

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JKPSC JKAS 2023 Prelims

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