The main question before us is whether Sonia is a legal citizen of this country or not? If she is a legal citizen of this country than why there was so much cry. What is provision of Constitution on the point of Citizenship? What is provision in Citizen ship Act 1955? What is decision of Supreme Court on the point? We should also see what is position of foreign-born citizens in other countries? Supposedly Sonia would have got married to an American Citizen what would have been her position in America? What is position of an Indian born women, who marry to an Italian citizen and become citizen of Italy? Can she contest election in Italy? Is Sonia duel citizen of India & Italy? This kind of so many questions comes into the mind of a normal citizen of this country. In this CHAPTER I am trying my best to reply all these questions.
Dr. Subramaniam Swamy decided to challenge the citizenship of Sonia Gandhi by filing an affidavit in the Supreme Court.
Swamy contended that Sonia Gandhi's citizenship of India was irregular and liable to be terminated because she did not submit with her application a certificate from the government of Italy that she had renounced her Italian citizenship. Instead, she merely submitted a letter from the Italian Ambassador certifying the receipt of a letter from her about renunciation of her Italian citizenship. "A mere declaration by her is not enough, or a letter from the Ambassador of Italy, informing receipt of a letter of renunciation from her. Under Article 51 of the Italian Constitution, Italians are of two types: those residing in the republic and those not. Citizenship is not alienable," Dr. Swamy said at a press conference, releasing the contents of his affidavit. Besides, he alleged that Sonia Gandhi had misled the nation and Parliament about her real name, identity, family background and educational qualification. He furnished documents, issued by the Italian Ambassador on April 29, 1983, to prove that Sonia was not born in Orbassano, as stated by her and published in the Lok Sabha's "Who's Who", but at Lusiana, Italy. Moreover, he said, she had never disclosed that her real name was not Sonia but Antonia, according to her birth records. Sonia was the name given to her by her employers in London, he said. Not only this, he described her claim of having acquired a diploma in the English language from the prestigious Cambridge University, as stated in the "Who's Who", as false. She had never enrolled as a student at that university. Dr. Swamy said Sonia Gandhi had violated the Supreme Court directive to the Election Commission that candidates in an election must accurately state their educational qualification. Dr. Swamy alleged. The petitions have also alleged that Sonia Gandhi's name was wrongly entered in the voters' list.
"It was embarrassing for the Congress Party that the Lok Sabha leader of Opposition Mrs Sonia Gandhi was caught having misled the nation about her true name, identity and family background," Sonia Gandhi and Congress did not even dare to say that allegation by Subramaniam Swamy were wrong. A senior Congress (I) functionary said, "We normally do not react to what Subramaniam Swamy says."
As has been stated earlier, Sonia Gandhi had held shares in two Indians companies in violation of the Foreign Exchange Regulation Act, 1974 and had even entered the voters' list, while still being a citizen of Italy during the years 1980-83. Yet, when she applied for Indian citizenship in April 1983, it was granted to her in just three weeks. This is probably because her mother-in-law Indira Gandhi was the Prime Minister at that time. The fact that she had infringed Indian laws prior to her application was not held against her. 1
However, ironically, she was required to state under oath that she would bear true faith and allegiance to the Constitution "and faithfully observe the laws of India". There is also no reliable mechanism within the government to check whether naturalised citizens like Sonia Gandhi comply with the conditions that are imposed on them under Section 10 of the Citizenship Act. 1
While this is how government treats foreign nationals, who secure Indian citizenship, it appears to be exceptionally fussy and even suspicious about natural-born Indian who work in certain sectors of government. 1First of all, no one ever gets a government job without establishing his or her citizenship credentials. Indians do not carry citizenship certificates, but this qualification is usually met when the applicant's place of birth is within the territory of India. The law recognises every person born on Indian soil as a citizen of India.
Dr. Subramaniam Swamy decided to challenge the citizenship of Sonia Gandhi by filing an affidavit in the Supreme Court.
Swamy contended that Sonia Gandhi's citizenship of India was irregular and liable to be terminated because she did not submit with her application a certificate from the government of Italy that she had renounced her Italian citizenship. Instead, she merely submitted a letter from the Italian Ambassador certifying the receipt of a letter from her about renunciation of her Italian citizenship. "A mere declaration by her is not enough, or a letter from the Ambassador of Italy, informing receipt of a letter of renunciation from her. Under Article 51 of the Italian Constitution, Italians are of two types: those residing in the republic and those not. Citizenship is not alienable," Dr. Swamy said at a press conference, releasing the contents of his affidavit. Besides, he alleged that Sonia Gandhi had misled the nation and Parliament about her real name, identity, family background and educational qualification. He furnished documents, issued by the Italian Ambassador on April 29, 1983, to prove that Sonia was not born in Orbassano, as stated by her and published in the Lok Sabha's "Who's Who", but at Lusiana, Italy. Moreover, he said, she had never disclosed that her real name was not Sonia but Antonia, according to her birth records. Sonia was the name given to her by her employers in London, he said. Not only this, he described her claim of having acquired a diploma in the English language from the prestigious Cambridge University, as stated in the "Who's Who", as false. She had never enrolled as a student at that university. Dr. Swamy said Sonia Gandhi had violated the Supreme Court directive to the Election Commission that candidates in an election must accurately state their educational qualification. Dr. Swamy alleged. The petitions have also alleged that Sonia Gandhi's name was wrongly entered in the voters' list.
"It was embarrassing for the Congress Party that the Lok Sabha leader of Opposition Mrs Sonia Gandhi was caught having misled the nation about her true name, identity and family background," Sonia Gandhi and Congress did not even dare to say that allegation by Subramaniam Swamy were wrong. A senior Congress (I) functionary said, "We normally do not react to what Subramaniam Swamy says."
As has been stated earlier, Sonia Gandhi had held shares in two Indians companies in violation of the Foreign Exchange Regulation Act, 1974 and had even entered the voters' list, while still being a citizen of Italy during the years 1980-83. Yet, when she applied for Indian citizenship in April 1983, it was granted to her in just three weeks. This is probably because her mother-in-law Indira Gandhi was the Prime Minister at that time. The fact that she had infringed Indian laws prior to her application was not held against her. 1
However, ironically, she was required to state under oath that she would bear true faith and allegiance to the Constitution "and faithfully observe the laws of India". There is also no reliable mechanism within the government to check whether naturalised citizens like Sonia Gandhi comply with the conditions that are imposed on them under Section 10 of the Citizenship Act. 1
While this is how government treats foreign nationals, who secure Indian citizenship, it appears to be exceptionally fussy and even suspicious about natural-born Indian who work in certain sectors of government. 1First of all, no one ever gets a government job without establishing his or her citizenship credentials. Indians do not carry citizenship certificates, but this qualification is usually met when the applicant's place of birth is within the territory of India. The law recognises every person born on Indian soil as a citizen of India.
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