04-17-2007, 05:46 AM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Govt gets notice on Sonia's foreign origin </b>
Pioneer News Service | New Delhi
SC admits petition on public office issue
The foreign origin issue, which haunted Congress president Sonia Gandhi, has been reopened. This time not by way of political opposition, but by the Supreme Court's acceptance of a plea, to decide whether a naturalised or a registered citizen could be appointed to a public office.Â
The petitioner, Rashtriya Mukti Morcha, had filed an SLP in the Supreme Court to challenge the Delhi High Court's dismissal of its plea, questioning the citizenship status of Sonia Gandhi and whether she could hold a constitutional post.
<b>A Bench of Chief Justice KG Balakrishnan and Justice RV Raveendran issued notices to the Centre, but refused to include the plea seeking de-recognition of the Congress for having a registered "citizen" in Sonia Gandhi heading it.</b>
The apex court said, <span style='font-size:14pt;line-height:100%'>"We will issue notice confined to the issue whether any person who is not a citizen within the right of Article 5 (of the Constitution) could be elected to public office." </span>
<b>It is for the first time such an issue has come under challenge. Article 5 of the Constitution, dealing with citizenship, provides for citizenship by birth or domicile in the territory of India prior to the adoption of the Constitution. At the same time, the Citizenship Act, which came into force in 1955, creates four classes of citizens - by birth, by registration, by naturalisation and those of Indian origin who had adopted foreign citizenship. Even under these classes, only those citizens by birth and falling under the constitutionally defined meanings are eligible to participate in the political affairs of the State.</b>
Arguing for the petitioner, senior advocate PN Lekhi held fault with the High Court's observation that the Sanskrit proverb, Vasudaiva Kutumbakam, was found in Panchatantra tales. "<b>Heritage is not a piece taken out of a fairytale or read in the ethos of any political or social organisation or religious group of people"</b> Lekhi said. Going by the same standards, he added, <b>"by this policy we can say Come East, Come West and call people from all sides of the world to rule the country."</b>
But as arguments proceeded, the Bench raised an objection midway. "You have accepted to address arguments confined to the legal issue and not on the person." The Bench made the statement with reference to Sonia Gandhi, wishing to know whether the petition has singled her out or dealt with the broad legal issue.
Citing the Bench's discomfort, Lekhi said, "Whenever the name (of Sonia Gandhi) is mentioned a cocoon gets built around it." Stating that his intention was never to include Sonia Gandhi as a party, he said, "While arguing in the High Court the opposite side had demanded that Sonia Gandhi should be made a party." Giving reasons for initially dropping her name, Lekhi reiterated, "The moment her name is included the cocoon gets built around it."
Making a strong case in favour of the case,<b> Lekhi pointed out that nowhere in the world does any country allow a registered or naturalised citizen to assume a constitutional post. He said in the 202 member-states of the United Nations, there is no practice which provides for a person of foreign origin to assume the top office in the country</b>. Under these circumstances, he questioned<b> "what gives India to make an exception?"</b>
The Bench accepted that the Constitution does not deal with the case at hand and hence requires consideration. It is in this regard, the petitioner stressed, that in several countries convention is followed on issues which the Constitution fails to address.
The court refused to entertain the request by the petitioner to deal with the issue of de-recognising the Congress as Lekhi argued that no political party was entitled to recognition as a political party under the Representation of People Act if its head was a registered or naturalised citizen.
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Pioneer News Service | New Delhi
SC admits petition on public office issue
The foreign origin issue, which haunted Congress president Sonia Gandhi, has been reopened. This time not by way of political opposition, but by the Supreme Court's acceptance of a plea, to decide whether a naturalised or a registered citizen could be appointed to a public office.Â
The petitioner, Rashtriya Mukti Morcha, had filed an SLP in the Supreme Court to challenge the Delhi High Court's dismissal of its plea, questioning the citizenship status of Sonia Gandhi and whether she could hold a constitutional post.
<b>A Bench of Chief Justice KG Balakrishnan and Justice RV Raveendran issued notices to the Centre, but refused to include the plea seeking de-recognition of the Congress for having a registered "citizen" in Sonia Gandhi heading it.</b>
The apex court said, <span style='font-size:14pt;line-height:100%'>"We will issue notice confined to the issue whether any person who is not a citizen within the right of Article 5 (of the Constitution) could be elected to public office." </span>
<b>It is for the first time such an issue has come under challenge. Article 5 of the Constitution, dealing with citizenship, provides for citizenship by birth or domicile in the territory of India prior to the adoption of the Constitution. At the same time, the Citizenship Act, which came into force in 1955, creates four classes of citizens - by birth, by registration, by naturalisation and those of Indian origin who had adopted foreign citizenship. Even under these classes, only those citizens by birth and falling under the constitutionally defined meanings are eligible to participate in the political affairs of the State.</b>
Arguing for the petitioner, senior advocate PN Lekhi held fault with the High Court's observation that the Sanskrit proverb, Vasudaiva Kutumbakam, was found in Panchatantra tales. "<b>Heritage is not a piece taken out of a fairytale or read in the ethos of any political or social organisation or religious group of people"</b> Lekhi said. Going by the same standards, he added, <b>"by this policy we can say Come East, Come West and call people from all sides of the world to rule the country."</b>
But as arguments proceeded, the Bench raised an objection midway. "You have accepted to address arguments confined to the legal issue and not on the person." The Bench made the statement with reference to Sonia Gandhi, wishing to know whether the petition has singled her out or dealt with the broad legal issue.
Citing the Bench's discomfort, Lekhi said, "Whenever the name (of Sonia Gandhi) is mentioned a cocoon gets built around it." Stating that his intention was never to include Sonia Gandhi as a party, he said, "While arguing in the High Court the opposite side had demanded that Sonia Gandhi should be made a party." Giving reasons for initially dropping her name, Lekhi reiterated, "The moment her name is included the cocoon gets built around it."
Making a strong case in favour of the case,<b> Lekhi pointed out that nowhere in the world does any country allow a registered or naturalised citizen to assume a constitutional post. He said in the 202 member-states of the United Nations, there is no practice which provides for a person of foreign origin to assume the top office in the country</b>. Under these circumstances, he questioned<b> "what gives India to make an exception?"</b>
The Bench accepted that the Constitution does not deal with the case at hand and hence requires consideration. It is in this regard, the petitioner stressed, that in several countries convention is followed on issues which the Constitution fails to address.
The court refused to entertain the request by the petitioner to deal with the issue of de-recognising the Congress as Lekhi argued that no political party was entitled to recognition as a political party under the Representation of People Act if its head was a registered or naturalised citizen.
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