Date:17/04/2007 URL: http://www.thehindu.com/2007/04/17/stories/2007041716551400.htm

National

Foreign origin issue: notice to Centre

Legal Correspondent

President's invitation to Sonia challenged

New Delhi: The Supreme Court on Monday decided to examine whether a citizen of India, not by birth but by citizenship acquired by naturalisation, could hold constitutional posts/public offices.

A Bench, comprising Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran, issued notice to the Centre and the Election Commission after hearing senior counsel P.N. Lekhi, appearing for the Rashtriya Mukthi Morcha.

In a writ petition before the Delhi High Court, the Morcha challenged the invitation extended by the President on April 20, 1999 to Congress president Sonia Gandhi to explore the possibility of forming a government after the Vajpayee Government was voted out on the floor of the Lok Sabha on April 17, 1999.

The High Court in November 2006 dismissed the petition. The special leave petition was directed against this judgment.

Asked why, instead of focusing on the issue, he was bringing up the name of Ms. Gandhi, Mr. Lekhi said initially her name was not included.

Later it was brought in at the instance of the court. "The moment the name of Ms. Gandhi is mentioned, a cocoon is built around that family and the High Court had also gone by that notion."

He said then President took a strange decision to invite Ms. Gandhi though she was not even a MP.

Because of Mulayam Singh's reluctance to support her she could not form a government.

The position in over 200 countries was that a person who was not a citizen by birth could not hold high constitutional posts or public offices or head any political party.

Counsel said: "In all the countries only a citizen by birth can hold high offices. The impugned judgment, if given effect to will give constitutional protection to foreigners who are not citizens by birth to occupy high posts. The political threat of a person of foreign origin holding high constitutional post is still looming large and the threat has not vanished."

The Bench told counsel that for the time being there was no prohibition under the law that such a person cannot hold high constitutional posts. "It is for the electorate to decide."

However, since important question of law relating to citizenship was involved, the Bench issued notice to the Centre and the Election Commission.