Does Rahul Gandhi have a British passport? Does India allow dual citizenship? – First post

The issue of 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 Center to furnish details of the action taken on the complaint questioning Rahul Gandhi’s Indian citizenship.

In response to the court’s inquiry, the government stated that the case was ongoing. The Deputy Attorney General of India informed the court that “the affidavit filed by the petitioner has been received by the MHA (Ministry of Home Affairs).”

The court fixed the next hearing on December 19 and directed the Additional Solicitor General to obtain necessary information from the Center and submit the same on that date.

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Who is the petitioner? What is the whole dispute about?

The petitioner in this case is S. Vignesh Shishir, a BJP worker from Karnataka, who has filed a Public Interest Litigation (PIL) in the Allahabad High Court.

Specifically, his PIL alleges that Rahul Gandhi holds dual citizenship, which, if proven, would be a violation of Indian law and would disqualify him from contesting elections or serving as a member of the Lok Sabha.

The petition demands that the Central Bureau of Investigation (CBI) register a case and conduct an investigation declaring dual citizenship an offense under the Bharatiya Nyaya Sanhita and the Passport Act.

Vignesh then asked the court to order the Chief Election Commissioner, the Chief Electoral Officer of Uttar Pradesh and the Returning Officer of Raebareli to cancel Gandhi’s electoral certificate, Indian reported.

This petition was filed following the rejection of an earlier plea in which the court had asked Shishir to approach the competent authority under Art. 9 section 2 of the Citizenship Act 1955, in accordance with law.

Meanwhile, the Union Home Ministry informed the court that representation of the petitioner is being considered. In its statement, the ministry said: “The ministry has received the petitioner’s statement and it is pending. Enter this case on December 19, 2024. We will notify the Court of the result of the representation on the next entry date.”

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I’m talking to NDTVShishir said: “I hope the government will immediately revoke Rahul Gandhi’s Indian citizenship. We have received direct information from the UK government that Gandhi’s name is on his citizenship records.”

He further told the media, “We have presented all the documents to the Allahabad High Court…. Dual citizenship is not allowed under Indian law. Once someone accepts citizenship of another nation, Indian citizenship is automatically canceled.”

Another case in Delhi HC regarding Rahul’s citizenship?

The Delhi High Court was hearing a separate citizenship case involving Rahul Gandhi based on an application filed earlier this month by BJP leader Subramanian Swamy.

Swamy sought directions from the Home Ministry on how to deal with his statement seeking the cancellation of Gandhi’s Indian citizenship.

During a hearing this month, the court was informed that the CBI had initiated an inquiry into Gandhi’s citizenship following a PIL before the Allahabad High Court. The petitioner in this case, Vignesh, mentioned the pending PIL proceedings before the Allahabad High Court. However, a bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedeli said it wanted to avoid conflicting orders.

Swamy argued that his plea was different from Vignesh’s, maintaining that his petition sought only to establish that Gandhi was a British citizen and not an Indian, while Shishir’s plea focused on initiating criminal proceedings. Swamy maintained that the two cases were completely unrelated.

Meanwhile, Vignesh alleged that Swamy’s petition led to duplication and parallel proceedings. He said the case before the Allahabad High Court was at a “very advanced stage” and evidence had already been produced before the CBI. “I also appeared before the CBI in this case and gave very confidential evidence in this case. The case is currently being investigated by the CBI,” he added.

He further stated, “The investigation is being carried out by various investigative agencies in the country. I have conveyed my objections to the Registrar of the Delhi High Court via email.”

However, the panel stated that documents should be submitted through the court’s office and not by e-mail.

Meanwhile, Swamy argued in court, “Don’t be a parasite and say that the prayers are similar and stick to us. It is obvious that he cannot be a citizen of two countries; We have proven this through documents in which he claims to be a British and Indian citizen.”

What is dual citizenship?

Dual or multiple citizenship refers to the status of a person legally recognized as a citizen of two or more countries at the same time.

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 countries, including the United States, Finland, Albania, Israel and Pakistan, allow dual citizenship. However, the rules and regulations regarding this status vary significantly from country to country.

Is dual citizenship allowed in India?

NO.

India, according to its constitution, does not allow dual citizenship. This means that an Indian citizen cannot simultaneously hold citizenship of another country.

On this concern, External Affairs Minister S. Jaishankar said, “There are economic and security challenges for living Indians and therefore countries should be given dual citizenship,” he claimed Mint.

Is there an alternative?

India provides the Overseas Citizenship of India (OCI) program as an alternative to dual citizenship.

OCI is available to Persons of Indian Origin (PIO), except those who have migrated to Pakistan or Bangladesh. Eligible applicants must hold citizenship of a foreign country that allows for some form of dual citizenship.

OCI cards provide multi-purpose, lifetime, multiple-entry visas for visiting India. It also exempts holders from reporting to police authorities for any period of stay and provides them with equality with non-resident Indians (NRIs) in financial, economic and educational fields, except for the acquisition of agricultural or plantation properties.

However, OCI holders do not have the right to vote, contest elections, or hold constitutional positions such as President, Vice President, or judges of the Supreme Court or Supreme Courts.

Registration for the OCI program can be done online via the official website:
ociservices.gov.in

With PTI input