SONIA GANDHI CAN HOLD COVSTITUTIONAL POST

SONIA GANDHI CAN HOLD COVSTITUTIONAL POST 21-12-2008 08:08:42 IST The Centre has asserted in the Supreme Court that there is no bar on Congress president Sonia Gandhi holding high constitutional posts, though she obtained citizenship by her long stay in the country and not by birth. The Centre said in its response to a petition filed by the Rashtriya Mukti Morcha that the Constitution does not make a distinction between citizens and as such no distinction can be made within the ‘single class of citizens.’ It cannot be said that natural born citizens or those covered by Article 5 stand on a higher footing than others. The Morcha had filed a petition in the Delhi High Court for a direction to prevent Ms. Gandhi from staking a claim to form a government at the Centre on the ground that she was not an Indian by birth. On its part the HC dismissed the petition. On appeal, the apex court issued notice to the Centre seeking its response on the issue. While replying to the Supreme Court Centre said that the Citizenship Act, 1955 provides for acquisition of citizenship by birth; by descent; by registration and by naturalization. Once citizenship is acquired under the provisions of the Act, no distinction can be made in the citizenship acquired under the Act or under the Constitution.

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