Rahul Gandhi’s Citizenship Challenged: Subramanian Swamy’s Petition in Delhi HC

In a significant legal move, BJP leader Subramanian Swamy has approached the Delhi High Court seeking a status report from the Union Government on his complaint against Congress leader Rahul Gandhi’s alleged dual citizenship. Swamy claims Gandhi violated the Indian Constitution and Citizenship Act

Legal Wires

Aug 18, 2024 • 2 min read

In a fresh legal challenge, Bharatiya Janata Party (BJP) leader Subramanian Swamy has intensified his allegations against Congress leader Rahul Gandhi by filing a petition in the Delhi High Court. The crux of Swamy’s petition revolves around the contentious issue of Gandhi’s citizenship, which, if substantiated, could have profound legal implications. Swamy’s complaint, previously lodged with the Union Government, now seeks judicial intervention for a status report on the matter, pointing towards a possible violation of the Constitution of India and the Indian Citizenship Act, 1955.

Key Points:

Subramanian Swamy’s Petition:

Petitioner: Subramanian Swamy, a senior BJP leader, has formally approached the Delhi High Court.
Objective: Swamy seeks a directive from the court to compel the Union Government to file a status report on his previous complaint against Rahul Gandhi.
Allegations: Swamy alleges that Rahul Gandhi has violated Article 9 of the Constitution of India by holding citizenship of another country while being an Indian citizen.

Background of the Complaint:

Initial Complaint: Swamy initially raised this issue in August 2019, when he wrote to the Central Government alleging that Rahul Gandhi had “voluntarily disclosed” his British nationality to the British Government, purportedly holding a British passport.
Key Violation: According to Swamy, this act contravenes Article 9 of the Constitution, which bars Indian citizenship to individuals who have voluntarily acquired foreign citizenship.
Supporting Evidence: Swamy claims that a company named Backops Limited, registered in the United Kingdom in 2003, listed Gandhi as a Director and Secretary. In the company’s annual returns for 2005 and 2006, Gandhi’s nationality was reportedly listed as British, with his date of birth recorded as June 19, 1970.

Legal Framework and Constitutional Implications:

Article 9 of the Constitution: Asserts that no person shall be deemed an Indian citizen if they voluntarily acquire citizenship of another country.
Indian Citizenship Act, 1955: Governs the acquisition, renunciation, and termination of Indian citizenship.

Swamy’s Plea for Urgency:

Lack of Response: Swamy has voiced his frustration over the Central Government’s inaction despite multiple representations requesting an update on his complaint.
Petition’s Demand: The petition urges the Centre to resolve the complaint expeditiously and furnish a conclusive order.

Prior Judicial Proceedings:

Supreme Court Dismissal: In May 2019, the Supreme Court dismissed a petition that sought to bar Rahul Gandhi from contesting the 2019 General Elections due to the unresolved dual citizenship issue.
Supreme Court’s Remarks: The Court questioned the credibility of the claims, asking rhetorically, “Some paper says he has British citizenship so he becomes a British citizen? Merely because a company speaks of him as a British citizen, does it mean he has British citizenship?”

Current Status and Next Steps:

Next Hearing: The petition, filed through Advocate Satya Sabharwal, is expected to be heard in the Delhi High Court next week.
Potential Outcomes: The case’s progression could potentially impact Rahul Gandhi’s political career depending on the court’s determination of the citizenship issue.

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