Subramanian Swamy Moves Delhi HC Over Rahul Gandhi's Citizenship

New Delhi: BJP leader Subramanian Swamy on Friday approached the Delhi High Court, requesting that the Ministry of Home Affairs (MHA) act on his 2019 representation to cancel the Indian citizenship of Congress leader and Leader of Opposition in Lok Sabha Rahul Gandhi. 

The BJP leader has filed a petition in the Delhi High Court, urging to revoke Gandhi's Indian citizenship alleging that Rahul Gandhi was listed as a director and secretary of a UK-based firm, Backops Limited, registered in 2003, with annual returns from 2005 and 2006 declaring his nationality as British. A dissolution application in 2009 also reportedly listed Gandhi's nationality as British. Swamy argues that this violates Article 9 of the Constitution of India and the Indian Citizenship Act, 1955. Despite the MHA requesting clarification from Gandhi in April 2019, Swamy claims there has been no further action.

Swamy claimed that this situation breaches Article 9 of the Constitution of India and the Indian Citizenship Act, 1955. Article 9 states that no person can be considered an Indian citizen if they have voluntarily acquired the citizenship of another country.

"My Associate Advocate Satya Sabharwal has filed A PIL on the failure of the Home Ministry to prosecute Rahul Gandhi and show cause why he not be stripped of his Indian citizenship. Rahul Gandhi has refused to reply to HM hence the PIL. I also thank Associates Vishesh Kanoria," wrote Swamy on X.

The BJP alleged that, despite his letter sent five years ago, there is still no clarity from the Ministry of Home Affairs (MHA) on the decision regarding Rahul Gandhi. On April 29, 2019, the MHA had asked Gandhi to provide the "factual position" on the matter within a fortnight.

In May 2019, the Supreme Court dismissed a plea to restrain Rahul Gandhi from contesting the 2019 General Elections based on allegations of his supposed British citizenship. The court questioned whether British citizenship could be established solely based on company records listing him as such.

Rahul Gandhi has served as an MP for five terms, representing Amethi for three terms from 2004 to 2019, when he was defeated by BJP's Smriti Irani. He was later elected from Wayanad in Kerala.

Currently, Rahul Gandhi is the MP from Congress bastion Raebareli in Uttar Pradesh and serves as the Leader of Opposition in the Lok Sabha. The Congress, the largest member of the INDIA bloc with 99 seats, has regained the Leader of Opposition position after a gap of 10 years.