07-19-2008, 09:37 AM
<b>Centre still silent on SC query on foreigner holding govt post</b>
Author: Dhananjay Mahapatra
Publication: The Times of India
Date: July 15, 2008
More than a year ago, the Supreme Court had sought the Centre's response
to a constitutional question-whether a person not born in India could be
appointed to a public office-but the UPA government, given the query's
natural link to Congress chief Sonia Gandhi, is yet to put in its reply.
On April 16, 2007, the court, acting on a plea filed by NGO Rashtriya
Mukti Morcha (RMM), had asked if a person "who is not a citizen of India
within the meaning of Article 5 of the Constitution has the right to be
elected or appointed to any public office under the Constitution.'' On
Monday, the government did not want to commit whether it would file a
reply to the query, thus recording its stand on the issue that has a
direct bearing on Sonia. Additional solicitor gener al P P Malhotra said
the issue could be taken up for final hearing some time later and that
if the Centre felt it necessary, it would file a formal reply. <b>The "some
time later'' plea for final hearing indicated the government's anxiety
not to make it an issue for public debate at a time of political
realignments in the wake of the nuclear deal fallout.</b> A bench comprising
CJI K G Balakrishnan and Justice P Sathasivam posted the matter for
hearing after eight weeks, which means there could be no debate in court
over the issue at least till the end of September.
Author: Dhananjay Mahapatra
Publication: The Times of India
Date: July 15, 2008
More than a year ago, the Supreme Court had sought the Centre's response
to a constitutional question-whether a person not born in India could be
appointed to a public office-but the UPA government, given the query's
natural link to Congress chief Sonia Gandhi, is yet to put in its reply.
On April 16, 2007, the court, acting on a plea filed by NGO Rashtriya
Mukti Morcha (RMM), had asked if a person "who is not a citizen of India
within the meaning of Article 5 of the Constitution has the right to be
elected or appointed to any public office under the Constitution.'' On
Monday, the government did not want to commit whether it would file a
reply to the query, thus recording its stand on the issue that has a
direct bearing on Sonia. Additional solicitor gener al P P Malhotra said
the issue could be taken up for final hearing some time later and that
if the Centre felt it necessary, it would file a formal reply. <b>The "some
time later'' plea for final hearing indicated the government's anxiety
not to make it an issue for public debate at a time of political
realignments in the wake of the nuclear deal fallout.</b> A bench comprising
CJI K G Balakrishnan and Justice P Sathasivam posted the matter for
hearing after eight weeks, which means there could be no debate in court
over the issue at least till the end of September.