Sonia Gandhi's foreign origin issue is a damp squib - Instablogs
Sonia Gandhi's foreign origin issue is a damp squib
J.Gopikrishnan , Thiruvananthapuram: Apr 16 2007

Re-born controversy on Sonia Gandhi’s foreign origin is just another damp squib, as our Constitution does not make any difference between a natural Citizen and those who acquired Citizenship. Monday’s Supreme Court decision to send notice to Central Government and Election Commission is a common practice on legal administration.

The brouhaha over sending of notice by Supreme Court by Media and other interested parties is due to their sheer ignorance on the Constitution of India. Some ‘Advocates’ were seen ‘explaining’ on TV Channel mikes, regarding the provisions of Article 5 of the Indian Constitution, which they claim that Sonia Gandhi and Congress party had violated. Some even claimed on the possible dis-qualification of Congress party, by making Sonia Gandhi as its President. Every body was quoting Article 5 of the Constitution, for their help.

I must thank those guys and TV channel’s permanent opinion makers installed in the studio floors for forcing me to check the great Indian Constitution and its Article 5.

Here is what the Article 5 says :

‘At the commencement of this Constitution every person who has his domicile in the territory of India; and -

(a) who was born in the territory of India; or

(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.’

So where are the provisions which hinder Sonia Gandhi from acquiring or electing to power?. How dare some septuagenarian ‘legal wizards’ comment on Congress party’s dis-qualification, by quoting Article5? Is our legal experts are also behaving like street politicians?

Indian Constitution neither makes any difference between natural citizen, non-natural citizen. The case filed by an un-heard (till date of filing the case) Rashtriya Mukti Morcha, on foreign origin issue, which has already been rejected by the Delhi High Court, is just a political gimmick or a PR exercise.

Sonia Gandhi has nothing to worry in this issue, as she is well protected by the Fundamental Rights of the Indian Constitution. Article 14, which ensures Equality before the law is great shield to her. Legally Sonia Gandhi is well protected and on morality in acquiring power, which she already answered on May 2004, by rejecting Congress party’s offer for the post of Prime Minister .

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