Janata Party president Subramanian Swamy in June 2011 criticized Congress general secretary Digvijay Singh for proposing that Rahul Gandhi take over as Prime Minister and said that legally Mr. Gandhi and his sister were barred from the post. To expand this I am here updating my previous article of April 2007.
Dr. Swamy, in June 2011, argued that there was a legal bar on Mr. Gandhi becoming the Prime Minister “arising from Italian law which made him a citizen upon birth. He has never renounced this inherited citizenship and that he has travelled on Italian passport all over Europe on an alias.”
Dr. Swamy said Mr. Gandhi should “learn from the experience of his mother whose attempt to become the Prime Minister in 2004 was aborted when the then President of India Abdul Kalam wrote a letter (which is still to be published) which was read by two witnesses present when Ms. Sonia Gandhi received that letter, namely Natwar Singh and Manmohan Singh. It should now be perfectly clear to Ms. Sonia Gandhi as well as her two children that there is no legal way by which any of them can ever become the Prime Minister of India.”
My article of April 2007:
Synopsis: I want to raise here a legal valid question to draw the attention of whole media, legal experts and politicians including NDA on citizenship of Rahul Gandhi.
Senior Advocate Mr Lekhi had also referred in Delhi High Court to Italian Constitution, which he said prohibits citizens of that country to renounce his or her citizenship. Since Ms Sonia Gandhi has been granted Indian citizenship in 1983, it would amount to her having a “dual citizenship” as per Italian law, which the Indian Constitution did not recognize.
There is still no denial by the government on above argument. So as per Italian Constitution no can renounce his/her Italian citizenship. Drama of so called renounces can be allowed to play only in India.
Here it is clear that Rahul Gandhi can’t renounce his Italian citizenship if he keeps Italian Citizenship. And it is fact that Rahul Gandhi can’t deny legally his automatic Italian citizenship obtain by his birth in Italy.
As per the web site of Italian Government
Italian citizenship is granted by birth through the paternal line (with no limit on the number of generations)
or through the maternal line (for individuals born after January 1, 1948).
If you were born in any country where citizenship is acquired by birth, and any one of the situations listed below pertains to you,
you may be considered an Italian citizen. For each category all conditions must be met.
* Your mother was an Italian citizen at the time of your birth, you were born after January 1st, 1948 and you never renounced your right to Italian citizenship.
Rahul Gandhi took birth in Italy and it was not in his or others hands. This depends on God. His mother Sonia Gandhi (Sonia Maino) was Italian citizen at that time. There should not be denial from any corner. So here it is clear that Rahul Gandhi is an Italian citizen.
The Constitution of India provides for single citizenship for the entire country. The provisions relating to citizenship are contained in Articles 5 to 11 in Part-II of the Constitution of India. Article 5 to 9 of the Constitution determines who are Indian citizens at the commencement of the Constitution? Article 10 provides for their continuance as such citizens subject to the provisions of any law that may be made by Parliament. Under article 11, the Constitution expressly saves the power of Parliament to make a law to provide for such matters.
The Citizenship Act, 1955 provides for acquisition of Indian citizenship, after the commencement of the Constitution, by birth, descent, registration, naturalization and incorporation of territory and determination of Indian citizenship. It also makes necessary provisions for the termination and deprivation of Indian citizenship under certain circumstances. The Citizenship Rules, 1956 prescribe the forms and procedure for acquisition of Indian citizenship
It means uptill now there is no dual citizenship in India. So here it is clear that Rahul Gandhi is not an Indian Citizen.
Automatic Termination of Indian citizenship
Termination is covered in Section 9 of the Citizenship Act, 1955. The provisions for termination are separate and distinct from the provisions for making a declaration of renunciation.
Section 9(1) of the act provides that any citizen of India who by naturalization or registration acquires the citizenship of another country shall cease to be a citizen of India. It also provides that any citizen of India who voluntarily acquires the citizenship of another country shall cease to be a citizen of India. Notably, the termination provision differs from the renunciation provision because it applies to "any citizen of India" and is not restricted to adults. Indian children therefore also automatically lose their claim to Indian citizenship if at any time after birth they acquire a citizenship of another country by, for example, naturalization or registration.
Extracts from the Constitution of India
Article 5. At the commencement of this Constitution every person who has his domicile in the territory of India; and –
(a) Who was born in the territory of India; or
(b) Either of whose parents was born in the territory of India; or
(c) Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India
Article 8. Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therfor to such diplomatic or consular representative, where before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.
Date from which registration takes effect.
Now Government is in the hands of Super PM. So they should make necessay changes immediately with retrospective effect. Congress can give the swords in the hands of monkies. I heard that there was an attack of monkeys in Delhi and other places. To be secure my suggestion may be workable as MM’s joint mechanism for J&K and so called secular appeasement policy of his government.
When did Rahul Gandhi make application for registration hes citizenship in India according to the above mentioned formalities?
Automatic Termination of Indian citizenship
On 16 February 1962, a Constitution Bench of the Supreme Court of India held in the case of Izhar Ahmad Khan Vs. Union of India that "If it is shown that the person has acquired foreign citizenship either by naturalization or registration, there can be no doubt that he ceases to be a citizen of India in consequence of such naturalisation or registration."
Rahul Gandhi, son of Sonia Gandhi is an Italian Citizen , as per statement released by Dr.Subramanyam Swami.
April 2, 2005
I welcome KPCC President Mr.Janardan Poojary's challenge, published
in today's media, to prove my charges against Ms.Sonia Gandhi and her
Italian family. I suggest that if I can establish the prima facie
validity of my charges before a panel, then Mr.Poojary should support
a full fledged inquiry by the CBI.
Hence let Mr.Poojary debate me before a panel of three journalists,
one selected by him, one by me and the third by the Bangalore Press
Club who can be chairperson of the panel.
Before this panel I will establish that there is sufficient prima
facie evidence to show that Ms. Sonia Gandhi has lied to the nation
about her real name, place of birth, her educational qualification,
and has assets disproportionate to her known sources of income, been
an agent of the KGB, and has links to the LTTE. I will also show that
her son Rahul Gandhi is still a citizen of Italy and was arrested by
the FBI at Boston airport on September 27, 2001 but let off on the
intervention of the Prime Minister. Hence Ms. Sonia Gandhi is corrupt
and anti-national. Moreover she is disloyal to the memory of Rajiv
Gandhi by aligning in Tamil Nadu with those who hold his
assassination as justified and proclaim LTTE leader Prabhakaran as
the leader of 'world Tamils'. There cannot be a bigger betrayal than
I am also prepared to question Mr.Poojary on the corrupt loan melas
he authorised as MoS in the Finance Ministry in the 1980s, and the
loss of Rs.10,000 crores to the banks. He should be ready with an
Why does PM think Gandhis are not touchable by court or else?
Is there a Vatican city in India for any dynasty as in Rome for Pope?
speaking at the Chief Ministers and Chief Justices conference, Mr Manmohan Singh had said that there was a growing perception that the “PIL had become a tool in the hands of the judiciary for harassment”.
However, the previous Chief Justice of India, Mr Justice Y.K. Sabharwal, in his address at the same conference, had expressed the opposite view. While conceding that the PIL should not become publicity interest litigation, the CJI had said, “PILs have done a great service in the protection of human rights, protection of environment, forest wealth, illegal mining, etc. The PIL should be handled with great care and caution keeping in view the parameters laid down by the Supreme Court in various cases.”
Experts say that till the time the Indian bureaucracy and ministers, including those in the states, act strictly in accordance with the Constitution, carry out development in an equitable manner and take adequate care of various environment, human rights and civic issues, PILs will continue to be filed and action ordered.
Congress to unleash advertising blitzkrieg of Rs.180 cr for 2014 campaign to show Bharat Nirman: See photo in bottom