R VENKATESHWARA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) In this pro bono publico writ petition, the constitutional validity of Section 5(1)(c) as also Section 6 of the Citizenship Act, 1955 (Central Act 57 of 1955) (hereinafter referred to as 'the Act') is questioned. Consequential declaration sought for is that no person of foreign origin including Mrs. Sonia Gandhi - 8th respondent herein - with citizenship either by registration or by naturalisation is competent or eligible to become Member of either House of Parliament, the Prime Minister of India or the President of India.

(2.) Mr. R. Venkateswara Rao, a businessman of Hyderabad, filed an affidavit in support of the relief sought for. He pleads that the scheme of Constitution of India does not envisage conferment of citizenship on any foreigner and Part II of the Constitution of India dealing with citizenship employs the meaning that it never intended to grant citizenship to foreigner and that indeed, the paramount intention is to guard this country from alien invasion or interference. Alternate contention is, even assuming that citizenship can be granted to any foreign national, there should have been a condition imposed, rendering such person ineligible to become Member of Parliament, Prime Minister or President of India. This averment is specifically made against the 8th respondent stating that in view of the political situation in the country, the 8th respondent is making a move to become the Prime Minister of India. The purport of the affidavit, concisely speaking, is that only Indian by birth can feel real sense of patriotism towards this country and that he/she alone shall be eligible to become the Prime Minister and any Acts by which a person of foreign origin is facilitated to become a Member of Parliament or Prime Minister or President of India, will be detrimental to the freedom, sovereignty, unity and integrity of India. The petitioner states that 8th respondent being of foreign origin Italy, cannot be permitted to know the secrets which a Prime Minister is bound to know in the course of discharge of duties and such conferment of right to know the secrets of this country is detrimental to the security of this country. Several other factors are stated regarding the past, i.e., the foreign invasion and the struggle and sacrifice for the independence and that the same will become fruitless, if 8th respondent is permitted to become the Prime Minister.

(3.) Basing upon the above pleas, Mr. V. Hanumantha Rao, the learned Counsel appearing for the petitioner, submits that the above provisions of the Citizenship Act are ultra vires the Constitution of India and that they should be struck down. Alternatively, he pleads that even if citizenship has been granted to the 8(h respondent, it ought to have been hedged with conditions including that of prohibition of contesting any election or to hold any post including that of Prime Minister of India. His submission is that Article 11 of the Constitution cannot be stretched to grant a citizenship to any foreigner on marriage to an Indian with ail rights, but such marriage can only enable the said person to stay in India along with the spouse and not for any purpose beyond that. He also contended that the 8th respondent was a citizen of Italy and as such, she is under acknowledgment allegiance and adherence to Italy and as such, she is disqualified for being chosen as a Member of either house of Parliament and consequently cannot become the Prime Minister. He took us to the definitions and meaning above words and referred to Black's Dictionary and took us to some of the provisions of the Constitutions of other countries. He also cites Article 51A (b) and (c) of our Constitution slating that every citizen has got fundamental duties to cherish and follow the noble ideals which inspired our national struggle for freedom and to uphold and protect the sovereignty, unity and integrity of India and that the said constitutional provisions mandate every citizen including this Court to follow the same by preventing the 8th respondent from becoming the Prime Minister and that, as otherwise, me said provisions would become redundant and olives.