Can the Home Ministry cancel someone’s Indian citizenship? What are the rules

senior Congress leader and Leader of Opposition in Lok Sabha Rahul Gandhi is once again in the headlines regarding his citizenship. Recently, BJP leader Subramanian Swamy has filed a petition in the Delhi High Court questioning Rahul Gandhi’s citizenship. The petition claims that Rahul Gandhi had declared himself as a British citizen in the documents related to the UK-based company he was associated with. On this basis, Subramanian Swamy sought directions to the Ministry of Home Affairs to cancel Rahul Gandhi’s Indian citizenship. This case has been going on since the year 2019. Previous challenges were rejected by courts including the Supreme Court of India. In which there were not enough grounds to disqualify him from contesting elections on the basis of these claims. By the way, Rahul Gandhi is an Indian citizen. However, his citizenship has been the subject of legal challenges and controversies.

Allahabad High Court had rejected such PIL
In a similar development, the Allahabad High Court recently dismissed a public interest litigation (PIL) that alleged that Rahul Gandhi was a British citizen and therefore ineligible to hold public office. The court allowed the petitioner to withdraw the case while retaining the option to approach the appropriate authorities regarding his grievances under the Citizenship Act. Overall, despite the ongoing legal disputes, Rahul Gandhi has been officially recognised as an Indian citizen.

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In India, the Ministry of Home Affairs has the power to deny or cancel the Indian citizenship of a person under certain circumstances mentioned in the Citizenship Act 1955.

Grounds for Rejection or Rejection
Acquisition of Citizenship: The Home Ministry may reject citizenship applications if the applicant does not meet the eligibility criteria laid down in the Citizenship Act, such as not being of good character or being involved in activities against the sovereignty and integrity of India.

Revocation of citizenship: Citizenship can be revoked if a person voluntarily acquires citizenship of another country. Has been convicted of certain crimes against the state. Has acquired citizenship by fraud or misrepresentation.

Procedural Authority: The Ministry of Home Affairs is responsible for accepting or rejecting applications for citizenship. It can take a decision based on the adequacy of documents, security report and compliance with legal provisions.

Legal Framework: The legal provisions governing these actions are primarily found in the Citizenship Act, 1955, particularly sections 9 and 10, which detail the conditions under which citizenship may be cancelled or denied.

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In the context of ongoing cases, such as the challenge to Rahul Gandhi’s citizenship, the Home Ministry may be directed by the courts to clarify its position or take action if there are credible allegations regarding the citizenship status of an individual. However, any decision to revoke citizenship must follow legal standards and procedures established by law.

How can a person acquire Indian citizenship
eligibility criteria: To be eligible for Indian citizenship, a person must fulfil one of the following criteria. Be a citizen of Pakistan, Afghanistan, Bangladesh and belong to the Hindu, Sikh, Buddhist, Jain, Parsi or Christian community. Be a person of Indian origin who has been ordinarily resident in India for at least 7 years before applying for citizenship. Have resided in India for at least 11 out of the 14 years preceding the date of application, including the last 12 months. Have adequate knowledge of a language specified in the Eighth Schedule of the Constitution.

Application Process: Visit the Ministry of Home Affairs website https:// Indiancitizenshiponline.nic.in and fill up the relevant online application form under Section 5 or Section 6 of the Citizenship Act, 1955. Upload the required documents such as passport, residential permit, marriage certificate (if applicable) etc. Pay the prescribed fee through SBI e-pay gateway using net banking, debit or credit card. Submit the printout of the online application to the office of the District Collector where the applicant normally resides. If residing outside India, submit to the Indian Consular Officer.

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Processing and approval
The application is processed based on the adequacy of documents and availability of security clearance. The central government disposes of cases within the time limit specified in the Citizenship Rules, 2009. If approved, the applicant will have to take an oath of allegiance before the District Collector or an Indian Consular Officer. The entire process is now online, making it more convenient for eligible applicants to apply for Indian citizenship.

Those who acquired Indian citizenship after holding foreign citizenship
Bollywood actor Akshay Kumar was a Canadian citizen before acquiring Indian citizenship. He announced his Indian citizenship on India’s 77th Independence Day, saying he applied for it during a bad phase in his career. The process was delayed due to the COVID-19 pandemic, but he successfully completed it and has been vocal about his pride in being an Indian citizen ever since. There are various individuals from various fields such as sports, entertainment and business who have given up foreign citizenship and taken Indian citizenship.

Tags: Citizenship Act, Rahul Gandhi, Delhi High Court, Indian Citizenship, Rahul Gandhi