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This is an archive article published on May 19, 2004

Foreign origin PIL on May 26

As a five-year-old PIL against Sonia Gandhi’s foreign origin sprang to life today with the Delhi High Court advancing its hearing from ...

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As a five-year-old PIL against Sonia Gandhi’s foreign origin sprang to life today with the Delhi High Court advancing its hearing from July 20 to May 26, the NDA Government’s affidavit in that case makes it clear: Constitutionally and legally, there is no bar on Sonia becoming the Prime Minister of India.

The 18-page affidavit was submitted by Arun Jaitley’s Law Ministry in 2001 in response to the petition filed by the Rashtriya Mukti Morcha when Sonia staked claim for the first time in 1999 after a vote of no-confidence had been passed against the Vajpayee Government by a margin of a single vote.

The NDA’s affidavit, sharply at odds with its political rhetoric, said: ‘‘There is only one class of citizens in India and once a citizenship is acquired … there is no distinction in the citizens thereafter either under the Constitution or under the Citizenship Act 1955.’’ The law does not discriminate between a citizen by birth and citizen by registration. Sonia Gandhi was registered as a citizen in 1983 because she was found to have fulfilled two criteria: she was married to an Indian citizen and had been living in India for at least five years. The Vajpayee Government also demolished the petitioner’s attempt—echoed by BJP leaders now—to draw strength from the US Constitution which expressly bars a citizen not born in that country from becoming its President.

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The fact that the Indian Constitution contains no such distinction shows ‘‘a conscious effort’’ on the part of the founding fathers ‘‘not to make a distinction between the single class of citizens,’’ the affidavit said.

A bench comprising Chief Justice B C Patel and Justice B D Ahmed advanced the hearing today after RMM’s counsel P N Lekhi argued that the case be heard early on account of the ‘‘fresh possibility of Sonia Gandhi becoming Prime Minister.’’

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