The Lucknow Bench of the Allahabad High Court will convene on Monday to address a petition that calls into question the citizenship of Congress MP and Leader of the Opposition in the Lok Sabha, Rahul Gandhi.
The court has ordered the Central Government to clarify, in unequivocal terms, whether Mr. Gandhi holds Indian citizenship.
Court’s Dissatisfaction With Initial Report
During the previous hearing, the court expressed its dissatisfaction with the status report submitted by the Ministry of Home Affairs (MHA). Rather than directly affirming or denying Rahul Gandhi’s Indian citizenship, the report skirted around the core question. Consequently, the bench directed the government to furnish a revised report within ten days that explicitly states Mr. Gandhi’s citizenship status in response to allegations of dual nationality.
Allegations Of Dual Citizenship
The petition contends that Rahul Gandhi also holds British citizenship, thereby violating Indian law, which prohibits dual nationality. If substantiated, this claim would render him ineligible to serve as a Member of Parliament in the Lok Sabha.
Ministry’s Request For Additional Time
Representatives of the MHA have asked the court for an extension to secure verifiable information from UK authorities. The bench granted this request and set the next hearing for May 5, giving the government more time to investigate the matter and submit the required clarification.
Originally in 2019, the MHA issued a notice to Mr. Gandhi following a complaint lodged by then Rajya Sabha MP Subramanian Swamy. This notice sought an explanation of Mr. Gandhi’s citizenship after allegations emerged regarding his role in a UK-based company.
Backops Limited & Corporate Records
Subramanian Swamy’s complaint centers on Backops Limited, a company registered in the United Kingdom in 2003, in which he claims Mr. Gandhi served as a director and secretary. The petitioner alleges that, within corporate filings, Mr. Gandhi declared himself a British national.
“It has been further brought out in the complaint that in the Company’s Annual Returns filed on October 10, 2005, and October 31, 2006, your date of birth has been given as June 19, 1970, and that you had declared your nationality as British. Further, in the Dissolution application dated 17/02/2009 of the above-referred company, your nationality has been mentioned as British,” the notice read.
These excerpts from the 2019 notice form the crux of Swamy’s argument, suggesting that Mr. Gandhi’s alleged foreign citizenship is documented in official UK filings.
Constitutional Requirements
Under Indian law, dual citizenship is not permitted. Should the court find compelling evidence that Rahul Gandhi holds citizenship of another country, it could lead to his disqualification as a member of the Lok Sabha. This matter, therefore, carries both legal weight and significant political ramifications.
Ahead of the May 5 hearing, the MHA is expected to obtain confirmation from UK authorities regarding Mr. Gandhi’s citizenship records. The government’s report will be pivotal in guiding the court’s decision on whether to proceed with further proceedings or dismiss the petition for lack of evidence.
As the case progresses, the Allahabad High Court’s ruling will not only clarify Rahul Gandhi’s legal standing but may also set a precedent for how citizenship challenges against public officeholders are handled in India.
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