 "Does Rahul Gandhi have UK passport? Does India allow dual citizenship?")
The issue surrounding Congress leader Rahul Gandhi’s alleged dual citizenship has turned into a huge political controversy.
The Lucknow bench of the Allahabad High Court has directed the Centre to provide details regarding the actions taken on a complaint that questions Rahul Gandhi’s Indian citizenship.
Responding to the court’s query, the government stated that the matter is under investigation. The deputy solicitor general of India informed the court that “the representation made by the petitioner has been received by the MHA (Ministry of Home Affairs)".
The court scheduled the next hearing for December 19 and instructed the additional solicitor general to obtain the necessary information from the Centre and present it on that date.
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Who is the petitioner? What is the entire controversy?
The petitioner in the case is S Vignesh Shishir, a BJP worker from Karnataka, who filed a public interest litigation (PIL) in the Allahabad High Court.
Notably, his PIL alleges that Rahul Gandhi holds dual citizenship, which, if proven, would violate Indian laws and make him ineligible to contest elections or hold a position as a Lok Sabha member.
The petition demands that the Central Bureau of Investigation (CBI) register a case and conduct an inquiry, considering that dual citizenship is a crime under the Bharatiya Nyaya Sanhita and the Passport Act.
Impact Shorts
More ShortsVignesh further requested the court to direct the Chief Election Commissioner, the Chief Electoral Officer of Uttar Pradesh, and the Returning Officer of Raebareli to cancel Gandhi’s electoral certificate, The Hindu reported.
This petition was filed after the dismissal of an earlier plea, where the court had asked Shishir to approach the competent authority under Section 9(2) of the Citizenship Act, 1955, as allowed by law.
Meanwhile, the Union Home Ministry informed the court that the petitioner’s representation is under consideration. In its statement, the ministry said, “The representation made by the petitioner has been received in the Ministry and the same is under process. List this matter on 19th of December, 2024. The outcome of the representation shall be apprised to the Court on the next date of listing.”
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Speaking to NDTV, Shishir said, “I am hoping that the government will promptly revoke the Indian citizenship of Rahul Gandhi. We have received direct communication from the UK government that Mr Gandhi’s name is in their citizenship records.”
He further told the media outlet, “We have presented all the documents to the Allahabad High Court…. Under Indian laws dual citizenship is not allowed. Once someone takes the citizenship of another nation, Indian citizenship gets automatically cancelled.”
Another case in Delhi HC regarding Rahul’s citizenship?
The Delhi High Court was hearing a separate case concerning Rahul Gandhi’s citizenship, based on a plea by BJP leader Subramanian Swamy earlier this month.
Swamy sought directions for the Ministry of Home Affairs to act on his representation requesting the cancellation of Gandhi’s Indian citizenship.
During a hearing this month, the court was informed that the CBI had initiated a probe into Gandhi’s citizenship following the PIL in the Allahabad High Court. The petitioner in that case, Vignesh, mentioned the ongoing PIL before the Allahabad High Court. However, a bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela stated that they wanted to avoid conflicting orders.
Swamy argued that his plea was different from Vignesh’s, claiming that his petition sought only to establish that Gandhi is a British citizen and not Indian, while Shishir’s plea focused on initiating criminal prosecution. Swamy maintained that the two matters were entirely unrelated.
Meanwhile, Vignesh claimed that Swamy’s petition had resulted in duplication and parallel proceedings. He said that the case before the Allahabad High Court was at a “very advanced stage”, with evidence already submitted to the CBI. “I also appeared before the CBI in this case and tendered my very confidential evidence with regard to this matter. The matter is currently under investigation by the CBI,” he said.
Further, he submitted, “Various investigating agencies of the country are conducting the investigation. I have given my objections to the Delhi High Court registrar through an email.”
However, the bench said that documents must be filed through the court registry and not via email.
Meanwhile, Swamy argued in court, “Don’t be parasitical and say the prayers are similar and hang on to us. It is clear he cannot be a citizen of two countries; we have proved it through the documents where he claims to be a citizen of Britain as well as of India.”
What is dual citizenship?
Dual or multiple citizenship refers to the status of an individual legally recognised as a citizen of two or more countries simultaneously.
This allows them to hold passports from each country, enjoy legal and social rights equivalent to other citizens, participate in the political processes of both countries, receive visa exemptions for travel, and work in either country.
Several nations, including the United States, Finland, Albania, Israel, and Pakistan, allow dual citizenship. However, the rules and regulations regarding this status vary widely across countries.
Is dual citizenship allowed in India?
No.
India does not allow dual citizenship under its Constitution. This means an Indian citizen cannot simultaneously hold citizenship in another country.
Regarding this concern, External Affairs Minister S Jaishankar said, “There are economic and security challenges as to Indians living in which countries should be provided with dual citizenship,” according to Mint.
Is there an alternative?
India provides the Overseas Citizenship of India (OCI) programme as an alternative to dual citizenship.
OCI is available to Persons of Indian Origin (PIOs), excluding those who migrated to Pakistan or Bangladesh. Eligible applicants must have citizenship in a foreign country that allows some form of dual nationality.
The OCI cards grant multiple entry, multi-purpose, life-long visas to visit India. It also exempts holders from reporting to police authorities for any length of stay and provides them parity with Non-Resident Indians (NRIs) in financial, economic, and educational fields, except in acquiring agricultural or plantation properties.
However, OCI holders do not have the right to vote, contest elections, or hold constitutional posts such as the President, Vice-President, or judges of the Supreme Court or High Courts.
Registration for the OCI programme can be done online through the official website: ociservices.gov.in
With inputs from PTI
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