Key Points
- The Lucknow bench of the Allahabad High Court has dismissed a PIL alleging Congress leader Rahul Gandhi holds dual citizenship (India and UK), which would make him ineligible to contest elections.
- The PIL was filed by Karnataka BJP worker S Vignesh Shishir, citing documents from a UK-based company, Backops Limited, where Gandhi was listed as a director and allegedly declared himself British.
- The court had previously asked the Ministry of Home Affairs (MHA) to submit a clear status report on Gandhi’s citizenship, expressing dissatisfaction with earlier responses.
- After reviewing the government’s submissions, the court found insufficient evidence to support the dual citizenship claim and dismissed the petition.
- The court granted the petitioner liberty to pursue alternative legal remedies if new evidence emerges.
Lucknow: The Lucknow bench of the Allahabad High Court on Monday delivered a significant relief to Congress leader and Lok Sabha Leader of Opposition Rahul Gandhi, dismissing a Public Interest Litigation (PIL) that challenged his eligibility to contest elections on the grounds of alleged dual citizenship.
Background: The Dual Citizenship Allegation
The PIL, filed by BJP worker S Vignesh Shishir from Karnataka, argued that Rahul Gandhi held citizenship of both India and the United Kingdom, which would violate Article 84 (A) of the Indian Constitution and make him ineligible for Parliament. The petitioner’s case was built on company filings from Backops Limited, a UK-registered firm where Gandhi was listed as a director and, in certain documents, allegedly declared his nationality as British.
The controversy dates back to 2019, when former Rajya Sabha MP Subramanian Swamy filed a complaint with the Ministry of Home Affairs (MHA), citing these UK documents. The MHA subsequently issued a notice to Gandhi, requesting clarification on his citizenship status.
Court Proceedings and Government Response
During hearings, the High Court directed the central government to provide a detailed account of its investigation into the matter. The bench, comprising Justice AR Masoodi and Justice Rajeev Singh, was dissatisfied with the initial status report from the MHA, noting it failed to directly address whether Gandhi was an Indian citizen or held any other nationality. The court gave the government 10 days to submit a revised, explicit report.
On Monday, after reviewing the revised submissions, the court found no conclusive evidence that Rahul Gandhi holds dual citizenship, and ruled that the PIL lacked merit.
Legal Context: Dual Citizenship in India
Indian law does not permit dual citizenship. Under the Citizenship Act, 1955, and Article 84 of the Constitution, only Indian citizens are eligible to contest elections and serve as Members of Parliament. If proven otherwise, a sitting MP’s membership would be revoked.
Details from the UK Company Filings
The documents cited in the complaint included annual returns and dissolution papers from Backops Limited, filed between 2003 and 2009, where Gandhi’s nationality was at times listed as “British”. However, the court concluded that these filings alone did not constitute sufficient legal proof of dual citizenship under Indian law.
Court’s Final Decision and Next Steps
The High Court dismissed the PIL, stating that the central government could not specify a timeline for a final decision and there was no justification to keep the petition pending. However, the bench granted the petitioner the liberty to seek alternative legal remedies if further evidence surfaces.
With this ruling, Rahul Gandhi remains eligible to contest Indian elections, and the matter is legally settled unless new evidence is presented. The decision brings temporary closure to a long-standing political controversy that has periodically surfaced in Indian public life.
