Plea filed to cancel Rahul Gandhi's citizenship; HC asks Home Ministry's response

The Allahabad High Court has directed the Union Home Ministry to respond to a petition seeking the cancellation of Congress leader Rahul Gandhi’s Indian citizenship, citing allegations of him holding dual British citizenship. The petition was filed by S. Vignesh Shishir, a BJP member from Karnataka, and heard by the Lucknow bench of the Allahabad High Court on November 25, 2024. The petitioner claims that Gandhi’s alleged foreign nationality violates the Indian Constitution and the Citizenship Act of 1955.

During the hearing, Deputy Solicitor General Surya Bhan Pandey informed the court that the Ministry of Home Affairs (MHA) had received the representation from the petitioner and that it was currently under review. Justices AR Masoodi and Subhash Vidyarthi, who were presiding over the case, instructed the MHA to file a detailed response by December 19, 2024. The court asked for clarity on the actions taken by the MHA regarding the petitioner's complaint, which calls for the cancellation of Gandhi’s citizenship due to alleged possession of dual nationality.

The petition filed by Shishir follows a previous PIL filed in July 2024, which was withdrawn with permission to approach the competent authority under Section 9(2) of the Citizenship Act, 1955. After withdrawing the earlier petition, Shishir submitted a fresh representation to the MHA in August 2024, requesting that the government investigate Gandhi’s citizenship status. In his representation, Shishir claims that the UK government holds records of Gandhi’s British nationality, which are protected under the UK’s General Data Protection Regulations (GDPR). According to the petition, these records have been acknowledged by the UK government but are not accessible without a signed letter of authority from Gandhi.

The PIL further calls for a Central Bureau of Investigation (CBI) probe into the issue. The petitioner has requested that the Indian government secure a Letter of Rogatory, which is a formal request to a foreign government for judicial assistance, to obtain details from the UK government regarding Gandhi’s citizenship records. The PIL also seeks the cancellation of Gandhi’s electoral certificate, arguing that holding dual nationality would disqualify him from contesting elections and holding public office in India under the Representation of the People Act, 1951.

In addition to this case, BJP leader Subramanian Swamy has filed a separate petition in the Delhi High Court, seeking similar directions from the Ministry of Home Affairs regarding Rahul Gandhi’s citizenship status. The Delhi High Court was informed on November 6, 2024, that a CBI investigation had been initiated following Swamy's petition. The Allahabad High Court has now set December 19, 2024, as the next date for the hearing, by which time the MHA is expected to submit its response regarding the actions taken on the petition.