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Rahul Gandhi's British Citizenship: Dr. Subramanian Swamy's Role and the Latest from Delhi High Court

In a legal saga that has captured national attention, BJP leader Dr. Subramanian Swamy has been at the forefront of challenging the citizenship status of Congress leader Rahul Gandhi. The crux of the matter revolves around Gandhi holding British citizenship alongside his Indian citizenship, potentially violating Indian law.

Dr. Subramanian Swamy's Role:
Dr. Subramanian Swamy, known for his legal battles, filed a public interest litigation (PIL) in the Delhi High Court. Dr. Swamy's contention is based on documents that show Rahul Gandhi as a British citizen in the records of Backops Limited, a company registered in the UK. These documents include annual returns from 2005 and 2006, where Gandhi's nationality was listed as British, and even in the company's dissolution application in 2009.
Dr. Swamy argues that these declarations violate Article 9 of the Indian Constitution, which stipulates that no person can be a citizen of India if they voluntarily acquire citizenship of another country. He has sought directions from the Ministry of Home Affairs (MHA) to decide on his representation to cancel Gandhi's Indian citizenship. Despite writing to the MHA in 2019 and subsequent interactions, the government has suffered from inaction or clarity regarding his complaint.

Delhi High Court's Latest Direction:
The Delhi High Court has recently taken an active role in addressing this issue. In a significant development on February 19, 2025, the court, presided over by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, questioned the Central government on why it hadn't responded to Dr. Swamy's representation.
The court directed Additional Solicitor General Chetan Sharma, representing the government, to obtain instructions on the matter. The bench clarified that it wasn't asking for a decision on the substantive issue but merely seeking an update on the stage of proceedings concerning Dr. Swamy's representation.
"The prayer is not to make decision on the substantive issues of the pending matter in either of the matters pending here or in Allahabad. He is only seeking directions on his representations. Seek instructions then regarding stage of the proceeding regarding the letter," the court stated, emphasizing the procedural aspect over the substantive.
Following this, it was revealed that the MHA had previously sent a show cause notice to Gandhi in 2019, to which no response was received, nor was any further action taken by the government. Dr. Swamy argued,
"The Government of India, on my letter to the Home Ministry, wrote a show cause notice to Gandhi to explain the data brought on record to show that he is also a British citizenship. Under Indian Law, no Indian can have citizenship of any other country. This was never replied, no reminders sent, no action taken by the government. The government must complete its responsibility."
The court has now scheduled the next hearing for March 26, 2025, giving the ASG time to gather further instructions, particularly in light of a 2019 letter from the MHA that was part of Swamy's petition.
Current Status:
The matter remains under judicial scrutiny with parallel proceedings in the Allahabad High Court where another petitioner, S. Vignesh Shishir, has sought a CBI investigation into Gandhi's citizenship. However, the Delhi High Court has made it clear that its jurisdiction isn't precluded by the pendency of another case elsewhere.
This ongoing legal battle showcases Dr. Swamy's persistent pursuit of accountability in India's political theatre.
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