Author: Dhananjay Mahapatra
Publication: The Times of India
Date: July 15, 2008
More than a year ago, the Supreme Court had
sought the Centre's response to a constitutional question-whether a person
not born in India could be appointed to a public office-but the UPA government,
given the query's natural link to Congress chief Sonia Gandhi, is yet to put
in its reply.
On April 16, 2007, the court, acting on a
plea filed by NGO Rashtriya Mukti Morcha (RMM), had asked if a person "who
is not a citizen of India within the meaning of Article 5 of the Constitution
has the right to be elected or appointed to any public office under the Constitution.''
On Monday, the government did not want to commit whether it would file a reply
to the query, thus recording its stand on the issue that has a direct bearing
on Sonia. Additional solicitor general P P Malhotra said the issue could be
taken up for final hearing some time later and that if the Centre felt it
necessary, it would file a formal reply. The "some time later'' plea
for final hearing indicated the government's anxiety not to make it an issue
for public debate at a time of political realignments in the wake of the nuclear
deal fallout. A bench comprising CJI K G Balakrishnan and Justice P Sathasivam
posted the matter for hearing after eight weeks, which means there could be
no debate in court over the issue at least till the end of September.
