Date:18/05/2004 URL: http://www.thehindu.com/2004/05/18/stories/2004051807081100.htm

National

Petition against Sonia becoming PM

By Our Legal Correspondent

NEW DELHI, MAY 17. The Supreme Court has been moved today to restrain the Congress president, Sonia Gandhi, from becoming the prime minister.

In a public interest litigation petition, Ashok Pandey, Lucknow-based advocate and Chairman of the Global Human Rights Organisation and Rashtra Raksha Manch, said the petition was being filed to protect the independence of the country from the "danger" of an Italian-born from becoming the prime minister.

He said that Ms. Gandhi had been elected leader of the Congress parliamentary party and she was likely to stake her claim to form the government and her appointment would not be in the interest of the national independence, sovereignty and security.

In view of the above situation of a person of foreign origin likely to becoming the prime minister, a security threat to the country had arisen and it should be the duty of the President to proclaim an Emergency under Article 352 of the Constitution.

He said the Supreme Court must intervene to preserve and protect the Constitution and restrain Ms. Sonia from becoming the Prime Minister.

The petitioner also questioned the legality of her becoming a citizen of India in 1983 having registered her name as Sonia Gandhi though her original name was Antonia Maino since the original name could not be changed after the change of nationality. He said that at that time there was no provision in the Indian Citizenship Act permitting a foreign-born woman to apply for grant of Indian citizenship on the ground of her marriage.

It was the late Rajiv Gandhi during his tenure as Prime Minister, amended the Citizenship Act introducing Section 5 (1) © by means of which citizenship to a person who married an Indian was sought to be granted. However, since the amendment came into force only from July 1, 1987, the grant of Indian citizenship to Ms. Sonia in 1983 was illegal and a nullity.

He said the Constitutions of almost all countries of the world reserved the office of the head of the nation and other important posts for citizens born in that country. Though there was no specific provision in the Indian Citizenship Act, since the issue raised important questions of law, the President should seek a reference to the Supreme Court on this point and a five-judge Constitution Bench should decide it.

Till such time the issue was decided, the court should restrain the Secretary to the President from inviting Ms. Gandhi from forming the government, the petitioner said.