Rahul Gandhi UK citizenship row: Case, allegations, proceedings; Is dual citizenship valid in India?

The debate surrounding Congress leader Rahul Gandhi’s alleged dual citizenship has once again sparked a political storm with both legal and political implications. The Allahabad High Court on Monday directed the Ministry of Home Affairs (MHA) to decide on a representation questioning Congress leader Rahul Gandhi's Indian citizenship by December 19

Case against Rahul Gandhi

The petitioner, S. Vignesh Shishir, a BJP worker from Karnataka, filed a public interest litigation (PIL) alleging that Rahul Gandhi holds dual citizenship, according to Bar and Bnech. According to Shishir, Gandhi’s alleged British citizenship would violate Indian laws, rendering him ineligible to contest elections or hold office in the Lok Sabha.

Shishir’s PIL requests that the Central Bureau of Investigation (CBI) probe the matter and demands action under the Bharatiya Nyaya Sanhita and the Passport Act. He also sought to cancel Gandhi’s electoral certificate, citing direct communication from the UK government, which allegedly listed Gandhi as a British citizen.

A separate petition filed by BJP leader Subramanian Swamy in the Delhi High Court also questions Gandhi’s citizenship. The CBI is reportedly probing the allegations, with both courts avoiding overlapping rulings.

What Is Dual Citizenship?

Dual citizenship refers to an individual holding legal citizenship in two or more countries simultaneously. This status allows individuals to:

• Hold passports from multiple nations.
• Enjoy equivalent legal and social rights.
• Participate in the political processes of both nations.
• Receive visa exemptions and employment rights in both countries.

Is Dual Citizenship Allowed in India?

No. India’s Constitution does not permit dual citizenship. If an Indian citizen voluntarily acquires citizenship in another country, their Indian citizenship is automatically revoked.

The Citizenship Act, 1955, governs citizenship laws in India. Section 9(2) outlines the procedure for investigating and determining questions of citizenship, a provision that has been invoked in cases like Gandhi’s.

Alternative: Overseas Citizenship of India (OCI)

India offers the OCI programme as an alternative to dual citizenship. OCI status is available to Persons of Indian Origin (PIOs) except those who migrated to Pakistan or Bangladesh.

The OCI card, introduced in August 2005, allows individuals of Indian origin who were citizens of India on January 26, 1950, or thereafter, to register and enjoy specific privileges.

Key features of OCI:

• Lifetime visa-free travel to India.
• Parity with Non-Resident Indians (NRIs) in economic, educational, and financial fields (except for agricultural property acquisition).
• Exemption from police reporting for long-term stays.

However, OCI holders cannot vote in elections, contest for public office and hold constitutional posts in India.