Sonia Gandhi, the widow of former Prime Minister Rajiv Gandhi and the leader of the Indian National Congress (INC), has long been a prominent figure in Indian politics. However, her citizenship status has many times come under scrutiny, raising questions about the legality of her eligibility for public office.
The controversy stemmed from the timeline of her acquisition of Indian citizenship, which sparked a public-interest petition and speculation about the authenticity of her inclusion in the voters' list.
The controversy centred around Article 5 of the Indian Constitution, which defines the criteria for Indian citizenship.
The article specifies that individuals born in the territory of India, whose parents were born in India, or those who have resided in the country for five years preceding the Constitution's commencement, are considered citizens.
However, the issue of naturalisation was not addressed until the Citizenship Act of 1955, leading to debates about the eligibility of non-natural citizens for public office.
Delhi-based lawyer P.N. Lekhi had filed a public-interest petition in the year 1999 before the Delhi High Court, challenging Gandhi's citizenship status.
The petition contended that Sonia did not meet the criteria outlined in Article 5, as she was not a natural-born citizen of India.
Lekhi argued that the Constitution does not explicitly recognise non-natural citizens, making them ineligible for public office.
The petition had raised several crucial questions about Sonia's citizenship:
1. How did Sonia's name appear on the voters' list before acquiring Indian citizenship?
2. Was there a shortcut in the application process for Indian citizenship?
3. Did she surrender her Italian citizenship and passport before acquiring Indian citizenship?
4. Does Sonia hold dual citizenship?
As the petition was considered, Gandhi and her representatives maintained a silence on these questions.
The central issue remained her marriage to Rajiv Gandhi in 1968 and her acquisition of Indian citizenship in 1983. Despite this, her name appeared on the voters' list in 1980, leading to accusations of irregularities in the electoral process.
Sonia's name featured in the voters' list in 1980, and it was subsequently deleted in 1982 after media scrutiny.
However, it resurfaced in the revised rolls for the local municipal elections in February 1983. The controversy surrounding her inclusion and exclusion from the electoral rolls fueled suspicions about the authenticity of her citizenship status.
Sonia was eligible for Indian citizenship in 1973 as the wife of an Indian and a resident of the country.
However, she exercised this right only on April 30, 1983. The Citizenship Act mandated that individuals renounce their citizenship from any other country when acquiring Indian citizenship. Italy allows dual nationality, but India does not.
The Foreigners' Regional Registration Office assumed that Sonia renounced her Italian citizenship, but there was a call for public disclosure of any such affidavit to settle the controversy.
The controversy surrounding Sonia Gandhi's citizenship raises important legal and ethical questions.
As the political scenario ahead of the 2024 Lok Sabha polls unfolds, it remains to be seen how Sonia’s citizenship status will be once again brought into the limelight.
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