Delhi HC Directs Centre to Clarify Stand on Subramanian Swamy’s Plea on Rahul Gandhi’s Citizenship

The court's order for the Centre to clarify its stance brings a fresh focus to the ongoing legal battle over Rahul Gandhi's citizenship status.

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The Delhi High Court on Friday instructed the Centre to clarify its position regarding BJP leader Subramanian Swamy’s plea, which seeks the cancellation of Rahul Gandhi’s Indian citizenship. Swamy has alleged that there has been no progress on his petition, nor has the Home Ministry informed him about the status of the case.

The bench, headed by Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela, orally directed the proxy counsel for the Centre to gather instructions on the matter. The court indicated that it would require assistance from the government before passing any order, and scheduled the next hearing for January 13, 2025.

The Centre’s proxy counsel informed the bench that the previous counsel had been promoted to senior advocate, requesting additional time to take over the case. Initially, the bench considered issuing a notice on Swamy’s petition but decided to delay further proceedings.

Swamy’s complaint dates back to August 2019, when he sent a letter to the Union Home Ministry alleging that Rahul Gandhi had “voluntarily disclosed” to the UK government that he held British citizenship, which Swamy claimed violated Article 9 of the Indian Constitution. According to this article, any Indian citizen who acquires foreign nationality ceases to be an Indian citizen.

Swamy’s petition contends that Gandhi’s declaration amounted to him holding a British passport, which, under Indian law, would result in the loss of his Indian citizenship. The BJP leader also criticized the ministry for not taking any action on his plea and failing to update him on its status. While the ministry acknowledged receipt of Swamy’s representation earlier, there has been no significant development since then.

The court’s order for the Centre to clarify its stance brings a fresh focus to the ongoing legal battle over Rahul Gandhi’s citizenship status.

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