A complaint has been lodged against Rahul Gandhi for submitting his candidacy from the Raebareli constituency in Uttar Pradesh. The complaint questions Rahul Gandhi’s citizenship status and challenges the validity of his nomination as approved by the Election Commission.
On 6 May, 2024, the Legal Rights Protection Forum (LRPF) lodged a formal objection with the District Election Officer of Rae Bareli District, Uttar Pradesh, regarding the nomination of Congress scion Rahul Gandhi as a candidate for the Lok Sabha Elections from the Rae Bareli Constituency. The objection centers on concerns about his citizenship status.
LRPF pointed to a notice issued by the Foreigners Division of the Ministry of Home Affairs to Rahul Gandhi on 29 April 2019, requesting clarification on his citizenship status, which remains unresolved. LRPF strongly objected to his candidacy, citing the ongoing ambiguity surrounding his citizenship status and the Ministry’s unanswered inquiry.
The issue stems from a complaint filed in 2019 with the Ministry of Home Affairs, alleging that Rahul Gandhi was listed as a director and secretary of a UK-based company called BackOps Limited, registered in 2003, and had declared his nationality as ‘British’ in the company’s annual returns for 2005 and 2006. In response, the Ministry of Home Affairs issued a notice to Rahul Gandhi, requesting clarification on his citizenship status within two weeks. However, he has not responded to this notice, which LRPF views as a disregard for the Indian government and the nation’s sovereignty.
LRPF emphasized that according to Indian law, dual citizenship is not permitted, and only Indian citizens are eligible to contest elections. Article 84 (a) of the Indian Constitution stipulates that a person must be an Indian citizen to be eligible for Parliament, with a similar provision existing for State Legislative Assemblies in Article 173 (a). Therefore, LRPF urged the District Election Officer to withhold approval of Rahul Gandhi’s nomination until his citizenship status is clarified by the appropriate authorities.
Context
During the 2019 national election halfway mark, Rahul Gandhi received a government directive to address, within a 15-day timeframe, to allegations made by BJP parliamentarian Subramanian Swamy suggesting that he holds British citizenship. Swamy had persistently accused the Congress leader of misleading about his nationality over the years.
Rahul Gandhi is required to provide a “factual” response regarding his citizenship status. In accordance with Indian law, dual nationality is not permitted, and only individuals holding Indian citizenship are eligible to run for elections.
This notification from the home ministry was issued following four rounds of voting in the multi-phase election, during which Rahul Gandhi was contesting from both the Amethi constituency in Uttar Pradesh and the Wayanad constituency in Kerala in 2019.
The notification issued by BC Joshi, the director overseeing citizenship matters within the home ministry, relies on documentation provided by Subramanian Swamy concerning Backops, a company that Rahul Gandhi had ties to.
the Home ministry wrote ” The ministry has received a representation from Dr. Subramaniam Swamy, Hon’ble MP in which it has been brought out that a company named Blackops Limited was registered in the United Kingdom in the year 2003, with address 51 South gate Street, Winchester, Hampshire SO23 9EH and that you were one of the Directors and Secretary of the said company. It has been further brought out in the complaint that the company’s annual returns filed on 10/102005 and 31/10/2006, your date of birth has been given as 19/06/1970 and that you had declared your nationality as British. Further in the Dissolution application dated 17/02/2009 of the above referred company, your nationality has been, mentioned as British. A copy of letter of Dr. Subramaniam Swamy along with annexure is enclosed. You are requested to intimate the factual position in the matter to this ministry within a fortnight of the receipt of the communication.”
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