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The issue surrounding Congress leader Rahul Gandhi’s alleged dual citizenship has turned into a huge political controversy.

The Lucknow bench of the Allahabad High Court has directed the Center to provide details of the action taken on a complaint questioning Rahul Gandhi’s Indian citizenship.

In response to the court’s question, the government stated that the matter is under investigation. The Deputy Solicitor General of India informed the court that “the petitioner’s statement has been received by the MHA (Ministry of Home Affairs)”.

The court scheduled the next hearing for December 19 and directed the Additional Solicitor General to obtain necessary information from the Center and present it on that date.

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Who is the submitter? What’s the whole controversy?

The petitioner in the case is S Vignesh Shishir, a BJP worker from Karnataka, who has filed a public interest litigation (PIL) in the Allahabad High Court.

Notably, his PIL alleges that Rahul Gandhi has dual citizenship, which, if proven, would violate Indian laws and make him ineligible to contest elections or hold a position as a Lok Sabha member.

The petition demands that the Central Bureau of Investigation (CBI) register a case and conduct an investigation as dual citizenship is an offense under the Bharatiya Nyaya Sanhita and the Passport Act.

Vignesh further requested the court to direct the Chief Election Commissioner, the Chief Electoral Officer of Uttar Pradesh and the Returning Officer of Raebareli to cancel Gandhi’s election certificate, The Hindu reported.

This petition was filed following the dismissal of an earlier plea, wherein the court had asked Shishir to approach the competent authority under Section 9(2) of the Citizenship Act, 1955, as permitted by law.

Meanwhile, the Union Home Ministry informed the court that the petitioner’s representation is pending. In its statement, the ministry said: “The petitioner’s statement has been received at the ministry and it is being processed. List this issue on December 19, 2024. The outcome of the representation will be communicated to the Court on the next listing date.”

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Speak with NDTVShishir said, “I hope the government will immediately revoke Rahul Gandhi’s Indian citizenship. We have received direct communication from the British government that Mr Gandhi’s name is in their citizenship records.”

He further told the media, “We have presented all the documents to the Allahabad High Court…. Under Indian law, dual citizenship is not allowed. Once a person takes citizenship of another nation, Indian citizenship is automatically revoked.”

Another case in Delhi HC regarding Rahul’s citizenship?

The Delhi High Court was hearing a separate case on Rahul Gandhi’s citizenship, based on a plea by BJP leader Subramanian Swamy earlier this month.

Swamy sought instructions from the Home Ministry to act on his representation and requested revocation of Gandhi’s Indian citizenship.

At a hearing this month, the court was informed that the CBI had initiated a probe into Gandhi’s citizenship following the PIL in the Allahabad High Court. The petitioner in that case, Vignesh, mentioned the pending PIL in the Allahabad High Court. However, a bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela stated that they wanted to avoid conflicting orders.

Swamy argued that his plea was different from Vignesh’s, claiming that his petition only sought to establish that Gandhi is a British citizen and not an Indian, while Shishir’s plea was for initiating criminal prosecution. Swamy claimed that the two cases were unrelated.

Meanwhile, Vignesh alleged that Swamy’s petition had led to duplication and parallel proceedings. He said the case before the Allahabad High Court was at a “very advanced stage”, with evidence already submitted to the CBI. “I have also appeared before the CBI in this case and submitted my highly confidential evidence regarding this case. The case is currently under investigation by the CBI,” he said.

He further said, “Various investigating agencies of the country are conducting the investigation. I have conveyed my objections to the Registrar of the Delhi High Court through an email.”

However, the court said documents must be filed through the court registry and not via email.

Meanwhile, Swamy argued before the court, “Don’t be parasitic and say the prayers are similar and hold us. Clearly he cannot be a citizen of two countries; we have proven it through the documents in which he claims to be a citizen of both Britain and India.”

What is dual nationality?

Dual or multiple citizenship refers to the status of a person who is legally recognized as a citizen of two or more countries at the same time.

This allows them to hold passports of either country, enjoy legal and social rights equivalent to those of other citizens, participate in the political processes of both countries, receive visa waivers for travel, and work in both countries.

Several countries, including the United States, Finland, Albania, Israel and Pakistan, allow dual citizenship. However, the rules and regulations regarding this status vary widely from country to country.

Is dual citizenship allowed in India?

No.

India does not allow dual citizenship under its constitution. This means that an Indian citizen cannot simultaneously hold citizenship of another country.

Regarding this concern, External Affairs Minister S. Jaishankar said, “There are economic and security concerns for the Indians living and countries should be given dual citizenship,” according to Mint.

Is there an alternative?

India offers the Overseas Citizenship of India (OCI) program as an alternative to dual citizenship.

OCI is available to Persons of Indian Origin (PIOs), except those who have migrated to Pakistan or Bangladesh. Eligible applicants must have citizenship of a foreign country that allows some form of dual citizenship.

The OCI cards provide multiple, multi-purpose, lifetime visas to visit India. It also exempts holders from police reporting for any length of stay and provides them with parity with Non-Resident Indians (NRIs) in financial, economic and educational matters, except in the acquisition of agricultural or plantation properties.

However, OCI holders are not entitled to vote, participate in elections or hold constitutional posts such as those of president, vice president or judges of the Supreme Court or High Courts.

Registration for the OCI program can be done online through the official website:
ociservices.gov.in

With inputs from PTI