From rxpgnews.com
Apex court to examine if 'registered' citizens can be PM
By IANS,
Apr 16, 2007 - 3:46:58 PM
New Delhi, April 16 - The Supreme Court Monday decided to examine in detail the issue of whether a 'registered' citizen of foreign origin could hold key constitutional posts like those of the president and prime minister and said the question was of paramount legal importance.
The question came back to haunt the Congress, headed by Italy born Sonia Gandhi, as the Supreme Court bench headed by Chief Justice K.G. Balakrishnan admitted a special leave petition - challenging a Delhi High Court ruling that the constitution does not bar an Indian from holding key constitutional posts on the ground that he/she is only a registered citizen and not one by birth.
Admitting the petition by Rashtriya Mukti Morcha - president Ravinder Kumar, the bench, also comprising Justice R.V. Raveendran, issued notices to the central government and the Election Commission seeking their opinion.
Taking up the question for a first hand scrutiny by itself, the bench indicated that the matter could be even referred to a larger bench, considering its importance.
The bench, however, made it clear at the outset that 'the constitution in its present form does not bar any Indian citizen, whether by birth or registration, from occupying any key constitutional position'.
'It is for the electorate to decide,' the bench said.
'We will, however, examine the issue as the matter involves important constitutional question.'
Appearing for the petitioner, senior counsel P.N. Lekhi said at least 202 countries in the world don't allow an alien-turned-citizen to hold key positions.
By virtue of the Delhi High Court's Nov 24 ruling, even people who are not Indian citizens by birth but have acquired the citizenship through registration would be given constitutional protection in occupying key authoritative posts in the country, he argued.
Lekhi said the court should examine the issue afresh and nip the prospect of an alien-turned-Indian citizen becoming the country's president or prime minister.
Ravinder Kumar, who had played a key role in exposing the payoffs to Jharkhand Mukti Morcha parliamentarians to save the erstwhile Narasimha Rao minority government in July 1993, had first raised the issue before the high court in May 1999.
This was soon after then president K.R. Narayanan had invited Sonia Gandhi on April 20, 1999 to explore the possibility of forming a Congress-led government at the centre in the wake of the fall of the 13-month National Democratic Alliance government led by Atal Bihari Vajpayee.
All rights reserved by RxPG Medical Solutions Private Limited ( www.rxpgnews.com )