05-19-2004, 03:19 AM
x-post
<b>What could have prevented Sonia?</b>
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->This means that the President is required by the Constitution to undertake an elaborate process of examining the legal and constitutional issues involved. Thus, Ms Gandhi's swearing-in could not happen before the matter was fully clarified and resolved.
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Another point that came in the way of Ms Gandhi was Section 5 of the Citizenship Act. Under this, there is a reciprocity provision whereby citizenship granted by India to persons of foreign origin is circumscribed by the rights that particular country confers upon foreigners seeking citizenship there.
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The crux of this provision of <b>"reciprocity"</b> is that a person of foreign origin, who has acquired the citizenship of India through registration by virtue of marrying an Indian national, cannot enjoy more rights (like becoming Prime Minister), if the same opportunity is not available to an Indian-born citizen in that particular country.
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<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Article 102 of the Constitution says: "A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament - (d) if he or she is under any acknowledgement of allegiance or adherence to a foreign state." Sonia Gandhi, in her affidavit, had declared she owned a house in Italy and may thus invite, the term "adherence" of the said provision.
Under Article 103, the President is the sole adjudicator on the issue who has to decide on such matter in consultation with the Election Commission.
Section 5 of the Citizenship Act, dealing with the reciprocity clause for a person who registered herself as an Indian citizen, says the said person could not enjoy more rights than those available to an Indian born person in that other country if he/she acquires citizenship of that country, like Italy for instance.
The clauses of the Citizenship Act were apparently not fully met when Ms Gandhi relinquished her Italian citizenship.
<!--QuoteEnd--><!--QuoteEEnd-->
<b>What could have prevented Sonia?</b>
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->This means that the President is required by the Constitution to undertake an elaborate process of examining the legal and constitutional issues involved. Thus, Ms Gandhi's swearing-in could not happen before the matter was fully clarified and resolved.
Â
Another point that came in the way of Ms Gandhi was Section 5 of the Citizenship Act. Under this, there is a reciprocity provision whereby citizenship granted by India to persons of foreign origin is circumscribed by the rights that particular country confers upon foreigners seeking citizenship there.
Â
The crux of this provision of <b>"reciprocity"</b> is that a person of foreign origin, who has acquired the citizenship of India through registration by virtue of marrying an Indian national, cannot enjoy more rights (like becoming Prime Minister), if the same opportunity is not available to an Indian-born citizen in that particular country.
<!--QuoteEnd--><!--QuoteEEnd-->
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Article 102 of the Constitution says: "A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament - (d) if he or she is under any acknowledgement of allegiance or adherence to a foreign state." Sonia Gandhi, in her affidavit, had declared she owned a house in Italy and may thus invite, the term "adherence" of the said provision.
Under Article 103, the President is the sole adjudicator on the issue who has to decide on such matter in consultation with the Election Commission.
Section 5 of the Citizenship Act, dealing with the reciprocity clause for a person who registered herself as an Indian citizen, says the said person could not enjoy more rights than those available to an Indian born person in that other country if he/she acquires citizenship of that country, like Italy for instance.
The clauses of the Citizenship Act were apparently not fully met when Ms Gandhi relinquished her Italian citizenship.
<!--QuoteEnd--><!--QuoteEEnd-->