Allahabad High Court Extends Deadline for Centre on Rahul Gandhi Citizenship Plea
In a significant development, the Lucknow bench of the Allahabad High Court has granted the Union Government an additional 10 days to decide on a Public Interest Litigation (PIL) seeking the cancellation of Congress leader Rahul Gandhi’s citizenship. The PIL, filed by S Vignesh Shishir, a Bharatiya Janata Party (BJP) member from Karnataka, alleges that Gandhi holds British citizenship, rendering him ineligible to hold Indian citizenship and contest elections.
Background of the Case
The PIL claims that Gandhi’s alleged British citizenship violates the provisions of the Citizenship Act, 1955, which prohibits dual citizenship. Shishir has submitted a detailed representation to the Union Ministry of Home Affairs, urging the cancellation of Gandhi’s Indian citizenship. The petitioner has also sought a Central Bureau of Investigation (CBI) probe into the matter, citing emails purportedly obtained from the UK government as evidence of Gandhi’s British citizenship.
Court Proceedings and Government’s Response
During the hearing, Deputy Solicitor General of India, Surya Bhan Pandey, informed the court that the Ministry of Home Affairs had written to the UK government seeking details about Gandhi’s alleged British citizenship. However, the UK government’s response is still awaited. Consequently, the division bench comprising Justice Attaur Rehman Masoodi and Justice Ajai Kumar Srivastava-I granted the Centre an additional 10 days to decide on the representation. The matter has been scheduled for the next hearing on May 5, 2025.
Petitioner’s Allegations and Evidence
Shishir claims to have procured several new inputs and sent emails to the UK government seeking details about Gandhi’s citizenship records. The PIL also claims that an alleged email from the UK government is an outright admission that Rahul Gandhi is a UK citizen. Based on this, the petitioner has requested the court to issue directives to the Chief Election Commissioner of India and the Chief Electoral Officer of Uttar Pradesh, along with the Returning Officer of Rae Bareli, to cancel Gandhi’s electoral certificate.
Legal Provisions and Precedents
The PIL has been filed under Section 9(2) of the Citizenship Act, 1955, read with Rule 40(2) of the Citizenship Rules, 2009, and Schedule III of the 2009 Rules. In a similar case in July 2024, the Allahabad High Court allowed Shishir to withdraw a petition challenging Gandhi’s election to the Lok Sabha, granting him the liberty to approach the competent authority under Section 9(2) of the Citizenship Act. Following this, Shishir submitted a detailed representation to the Union Ministry of Home Affairs, which is currently under consideration.
Political Implications and Reactions
The PIL has sparked a political debate, with BJP leaders supporting the move to investigate Gandhi’s citizenship status, while Congress leaders have dismissed the allegations as politically motivated. The outcome of this case could have significant implications for Gandhi’s political career and the upcoming elections.
Conclusion
As the Allahabad High Court awaits the Union Government’s decision on the PIL challenging Rahul Gandhi’s citizenship, all eyes are on the May 5 hearing. The court’s decision could set a precedent for future cases involving allegations of dual citizenship and its impact on eligibility to hold public office in India.