Nationality, domicile and citizenship
1)
Nationality:
a.
Means;
The term nationality in
law signifies the status of an individual belonging to a particular state.
b.
Definition;
Fenwick defines it as a
bond which unites a person to a given state which constitutes his membership in
the particular state, which gives him a claim to the protection of that state
and which subjects him to the obligation created by the laws of that state.
The basis of nationality
is the membership of a particular community.
c.
International importance of the nationality;
Nationality is often
determined by the state laws. It is a link through which an individual can
enjoy the benefits of international law.
Starke state its importance
as under;
1)
Protection of
rights of diplomatic agents
2)
Prevention of
offences
3)
Loyalty to
particular state
4)
State can refuse
to extradite its own nationals
5)
Enemy character is
determined on the basis of nationality
6)
Jurisdiction of
state over their nationals
d.
Modes of acquisition and loss of nationality;
a)
Acquisition of nationality
1.
By birth;
That is
nationality is conferred at birth by the fact either of birth within the state territory
(jus soli) or by the descent from, one of its nationals (jus sanguinis).
According to jus soli
the birth occurs is the decisive factor and according to the jus sanguinins and
the parentage.
2.
By naturalization;
It may take place
by means of marriage, legitimization, option, domicile, or appointment as government
officials and on the application.
According to the keelson;
Naturalization is
the administrative fact of the state conferring citizenship upon alien.
3.
By registration of resumption;
Those individuals
who were natural born subjects of the state but who lost their original
nationality on account of some cause may get back it on fulfilling certain
conditions.
4.
By descent;
It is on the basis
of nationality of parents, this is also known as jus sanguinins.
UK and USA also
recognize this principle.
5.
By subjugation;
A person may
acquire nationality through subjugation after the conquest. When the part of a state
is subjugated by another state the inhabitants of that state become the nationals
of the later state.
6.
By cession;
When a part of the
state is ceded, all nationals of the former state become nationals of the later
state.
b)
Loss of nationality
1.
By release;
For it, it is necessary to submit an application
for the loss of nationality by release.
2.
By deprivation;
Some laws of the state, provides that if a
national of its state seeks employment of government of another state without
its permission, he will be deprived of his nationality.
3.
Long residence
abroad;
State laws of many states contain
provisions in this connection that if a person resides for a long period
abroad, his nationality ends.
4.
By renunciation;
When a person acquires a nationality of
more than one state, he have to renounce his nationality of one state.
5.
Substitution;
As to this principle, a person may get
nationality of state in place of the nationality of another state, and whereby
he loses his nationality of one state and acquires the other state.
2)
Citizenship:
The word citizenship is
often used in municipal law.
Definition;
Generally the national
who enjoys full political and civil rights is called a citizen.
It also means the state
of being a native of a city and enjoying the freedom and privileges of the
city, in which he resides.
It is intimately
connected with the civil rights.
Refer:
It refers to the
political status of a person.
3)
Difference between nationality and citizenship:
There is a great
difference between nationality and citizenship.
·
By nationality we
mean that legal relationship which exists between the nation and the
individual, on the other hand, citizenship denotes the relationship between the
person and the state law.
·
By nationality the
civil and natural rights of a person may come under international law and by
citizenship it is the sole concern of the state law.
·
It is possible
that all the citizens may possess the nationality of a particular state, but it
is not possible that all the nationals may be the citizens of that particular
state.
·
Citizens possess
full political rights in a state, but a national may not possess such rights.
4)
Domicile:
Mean and Definition;
Domicile is an
attribute of nationality and denotes a person’s place of residence.
And,
It is the
relationship between the individual and locality, where he has his permanent home.
5)
Difference between nationality and domicile:
·
Domicile denotes
the residence of the person, while nationality denotes relationship of man with
his nation.
·
Consequently a
person may acquire nationality through domicile.
6)
Difference between domicile and citizenship:
·
Citizenship has
reference to the political status of a person and,
·
Domicile to his
civil rights.
7)
Conclusion:
So, by
through the above mentioned writings it is clearly understandable the three
terms, nationality, domicile and the citizenship and not same as often a laymen
consider these are same.
A student of law
must not have these confusions in his mind. And at the end I would like to quote;
Law must be on the sleeves of a Lawyer
