A meaning of
word "migration", "ordinarily resident ", “domicile” and
“origin” are briefly explained by Five Judge Bench of the earlier Hon’ble Apex
Court in the Case of SMT. SHANNO DEVI Vs. MANGAL SAIN Reported in 1961 AIR 58,
: 1961 SCR (1) 576 as follows :-
For all these reasons it
appears clear that when the framers of the Constitution used the words
"migrated to the territory of India" they intended "come to the
territory of India with the intention of residing there permanently". The
only explanation of 'their not expressly mentioning "domicile" or the
"intention to reside permanently" in Art. 6 seems to be that they
were confident that in the scheme of this Constitution the word "1st migration" could only be interpreted to
mean "come to the country with the intention of residing there
permanently".
In
support of this contention is that the word ’migrate’ means going to another Country an intention of residing there
permanently or a person come from another country with an intention
for residing permanently to a Country.
In
other words, under the Article 6 of the Constitution of India though at the
point of time “a person moved from his permanent place of residence of a State
into a new place of another State within a Country, he cannot be said to have
migrated to this place or State/UT within a Country.”
Meaning of "migration", “domicile”, “origin” and
"ordinarily resident" are given under the Article 5,6,7 and 8 of the Constitution of
India.
