New Delhi: The Centre informed the Delhi High Court on March 26 that the issue concerning Congress leader Rahul Gandhi's Indian citizenship is currently under consideration by the Ministry of Home Affairs (MHA).
A bench comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela acknowledged the submission from the Central government’s counsel and scheduled the matter for further hearing on May 28.
Legal Battle Over Citizenship
The petition, filed by BJP leader Subramanian Swamy, seeks a directive for the MHA to decide on Gandhi’s citizenship status. Additional Solicitor General Chetan Sharma, representing the Centre, confirmed that the matter remains under active review.
The court was also informed that the Allahabad High Court, which is handling a similar case, has granted the MHA four weeks to provide an update on the proceedings.
Court’s Stand on Ministry's Actions
Swamy urged the court to direct Rahul Gandhi to respond to an MHA letter regarding his citizenship. However, the bench ruled that it cannot compel the ministry to act or direct any party involved in the ongoing administrative proceedings.
"We cannot control the ministry's actions or issue directives to any individual involved in the matter," the bench stated.
Allegations and Legal Implications
Swamy has alleged that Gandhi’s use of a British passport violates Article 9 of the Constitution, which prohibits dual citizenship, and the Indian Citizenship Act, thereby rendering him ineligible as an Indian citizen. He further claimed that multiple representations to the MHA regarding this matter had not resulted in any action or official response.
In April 2019, the MHA sent a letter to Gandhi, seeking clarification on Swamy’s allegations and asking for a response within two weeks.
Parallel Proceedings in Allahabad High Court
Meanwhile, BJP worker S. Vignesh Shishir from Karnataka has also moved the Allahabad High Court on the same issue. He updated the Delhi High Court on the latest developments and was permitted to file an impleadment application and an affidavit detailing the case’s progress.
While Swamy insists that the Allahabad High Court case is separate from his petition due to differing legal arguments, Shishir contends that his plea has led to multiple, parallel proceedings.
The Delhi High Court will next hear the matter on May 28, awaiting further updates from the MHA.
.png)
The opinions posted here do not belong to 🔰www.indiansdaily.com. The author is solely responsible for the opinions.
As per the IT policy of the Central Government, insults against an individual, community, religion or country, defamatory and inflammatory remarks, obscene and vulgar language are punishable offenses. Legal action will be taken for such expressions of opinion.