Nationality, domicile and citizenship

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