The Rahul Gandhi Citizenship Controversy: Subramanian Swamy’s Legal Challenge

On October 9, 2024, the Delhi High Court Bench composed of Chief Justice Manmohan and Justice Tushar Rao Gedela granted BJP leader Subramanian Swamy additional time to file a copy of a petition pending before the Allahabad High Court concerning the issue of Congress leader Rahul Gandhi’s citizenship. This matter arises from Swamy’s plea seeking directions to the Ministry of Home Affairs (MHA) to decide on his representation, which calls for the cancellation of Mr. Gandhi’s Indian citizenship.

Initially Mr. Swamy informed the court that while he had obtained a copy of the petition pending before the Allahabad High Court, the prayers in that petition were entirely different from those in his pleadings. The Delhi High Court had previously indicated that a similar petition on the same issue was being heard by the Allahabad High Court, and, in the interest of judicial propriety, it would be inappropriate for two courts to handle the same issue simultaneously.

In response to Swamy’s submission, the Bench remarked, “Okay, we will see.” Before proceeding further, the Delhi High Court expressed its interest in understanding the nature of the pending petition in Allahabad and granted Mr. Swamy time to produce the relevant documents.

The crux of Mr. Swamy’s petition, filed by advocate Satya Sabharwal, revolves around allegations that Rahul Gandhi had "voluntarily disclosed" to the British government that he was a citizen of British nationality. According to Swamy, this act amounted to Mr. Gandhi holding a British passport, which, under Indian law, would violate the terms of Indian citizenship.

In his plea, Mr. Swamy pointed to Article 9 of the Constitution of India, which stipulates that any Indian citizen who acquires citizenship of another country ceases to be an Indian citizen. This is reinforced by the provisions of the Indian Citizenship Act, 1955. Mr. Swamy has argued that Mr. Gandhi, having disclosed his British citizenship, would therefore no longer hold Indian citizenship.

The petition also highlighted Swamy’s repeated attempts to seek clarification from the Ministry of Home Affairs. Despite his representations to the ministry regarding Mr. Gandhi’s citizenship status, Mr. Swamy claims that no action has been taken, nor has he been informed of the status of his complaint.

Earlier, the Lucknow Bench of the Allahabad High Court had asked the Centre to clarify whether any decision had been taken regarding a representation filed under the Citizenship Act, 1955. This representation requested an inquiry into the allegations against Mr. Gandhi.

The Allahabad High Court’s involvement stems from a Public Interest Litigation (PIL) filed by S. Vignesh Shishir, a BJP worker from Karnataka. Mr. Shishir’s petition claims that he has conducted a detailed investigation into Mr. Gandhi’s alleged British citizenship and has uncovered new evidence supporting the claim.

At the core of these legal proceedings is the question of whether Mr. Gandhi has violated Article 9 of the Constitution and the provisions of the Indian Citizenship Act. If found to be in violation, Mr. Gandhi’s Indian citizenship could be in jeopardy.

Mr. Swamy’s petition seeks a clear directive from the Delhi High Court, asking the Ministry of Home Affairs to take definitive action on his representation. In doing so, Swamy contends that Mr. Gandhi has forfeited his right to hold Indian citizenship by virtue of his alleged British nationality. The outcome of this legal battle could have significant ramifications for Mr. Gandhi’s political career, given his prominent role as Leader of the Opposition in the Lok Sabha.

As the legal battle progresses, the Delhi High Court’s decision on November 6, 2024, will likely hinge on the nature of the petitions being heard in both the Allahabad and Delhi High Courts, and whether they can proceed independently or whether one must be stayed in favour of the other.

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