NEW DELHI: Delhi high court was informed on Wednesday that the issue concerning Congress leader Rahul Gandhi’s Indian citizenship is currently under consideration by the ministry of home affairs (MHA). A bench comprising Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela noted the submission by Additional Solicitor General Chetan Sharma and scheduled the matter for further hearing on May 28.
BJP leader Subramanian Swamy had filed a petition seeking directions for the MHA to decide on Gandhi’s citizenship status. Swamy alleged that Gandhi had declared himself a British citizen in official documents submitted to the UK government, which would disqualify him from holding Indian citizenship under Article 9 of the Constitution.
“The matter is under consideration,” Sharma told the court. When Swamy urged the bench to direct Gandhi to respond to an MHA notice regarding his citizenship, the judges stated they could not interfere in the ministry’s proceedings. “It is for the ministry to take a decision. We cannot control the ministry’s actions or issue any directions to parties involved,” the bench remarked.
In February, the court had asked the Centre to update it on the status of Swamy’s representation. Swamy contended that he had sent multiple communications to the MHA regarding Gandhi’s alleged dual citizenship, but no concrete action had been taken.
The controversy stems from an August 6, 2019 letter sent to the MHA, claiming Gandhi had voluntarily declared himself a British citizen. The ministry had issued a notice to Gandhi in April 2019, asking him to clarify his citizenship status within two weeks.
Meanwhile, a parallel case on Gandhi’s citizenship is also pending before the Allahabad high court. A BJP worker from Karnataka, S Vignesh Shishir, filed a Public Interest Litigation (PIL) seeking the cancellation of Gandhi’s 2024 parliamentary election victory, citing alleged concealment of British citizenship. The Lucknow bench of the Allahabad high court recently granted the Centre additional time to present the outcome of its investigation into the matter.
During proceedings in the Allahabad high court, government counsel informed the bench that the MHA had written to the UK government seeking clarification on Gandhi’s citizenship status. However, the Centre has repeatedly sought extensions for finalising its decision.
Shishir, who has been permitted by the Delhi high court to file an impleadment application, claims to possess documents and emails from the British government that allegedly prove Gandhi’s British citizenship. His petition asserts that Gandhi’s dual citizenship violates Indian law, including the Bharatiya Nyaya Sanhita and the Passport Act, and calls for a Central Bureau of Investigation (CBI) probe.
