President's move to invite Sonia to form got challenged
Political Bureau
The Economic Times
May 15, 1999
Title: President's move to invite Sonia to form got challenged
Author: Political Bureau
Publication: The Economic Times
Date: May 15, 1999
The Dehi High Court today commenced hearing on a petition challenging
President KR Narayanan's invitation to Congress president Sonia Gandhi
and not the leader of Opposition Sharad Pawar, to explore the
possibility of forming an alternative government after the Vajpayee
government was voted out.
The public interest litigation (PIL) filed by the Rashtriya Mukti
Morcha, a socio-political organisation, alleged that the President by
inviting a person who was not even a member of the House and a citizen
within the meaning of Article 5 of the Constitution - "which permits
only a citizen defined in that Article to seek any elective or public
office" - for consultations on an alternative government, had
"disregarded the well-established constitutional convention and hurt
the basic structure of the Constitution". The PIL, coming as it is on
the eve of Lok Sabha polls, may come handy in the BJP's ongoing
campaign against Ms Gandhi's foreign origins. With the riding party
already questioning the Congress president on whether she was
registered as a voter before acquiring Indian citizenship, a fresh
controversy on Ms Gandhi's 'legal competence' to seek any election or
public office may not augur well for the Congress.
Appearing on behalf of the petitioner, senior advocate PN Lekhi said
Article 5 of the Constitution recognises three categories of citizens:
i) who was born in the territory of India; ii) either of whose parents
was born in the territory of India; iii) who has been ordinarily
resident in the territory of India for not less than five years
immediately preceding the commencement of the Constitution.
As for aliens who became citizens of India by virtue of statute
enacted by Parliament, the PIL said they were not permanent citizens
as their citizenship could be revoked in accordance with the law.
During the hour-long arguments, Mr Lekhi contended that only a citizen
falling within the meaning of Article 5 could be a claimant for a
public office or seek election to Parliament or state legislature.
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