The legal reasons listed in that article seem mighty flimsy, but I'm not an Indian Constitutional lawyer.
"A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament" on any or more of five possible grounds. Clause(d) of the same Article says "... or is under any acknowledgement of allegiance or adherence to a foreign state".
It is believed that while acquiring citizenship through registration in 1983, she surrendered her Italian passport to the Italian Ambassador in New Delhi but did not obtain a formal notification from the Italian Government that her citizenship of that country had been cancelled.
Another point that came in the way of Ms Gandhi was Section 5 of the Citizenship Act. Under this, there is a reciprocity provision whereby citizenship granted by India to persons of foreign origin is circumscribed by the rights that particular country confers upon foreigners seeking citizenship there.
The crux of this provision of "reciprocity" is that a person of foreign origin, who has acquired the citizenship of India through registration by virtue of marrying an Indian national, cannot enjoy more rights (like becoming Prime Minister), if the same opportunity is not available to an Indian-born citizen in that particular country.
only hope that India does not go too far down the nationalist road like, alas, America has recently and like other democracies have. India has a chance to be a world leader. It can do this by being embracing pluralism and not by having a party that aims to serve one group of people.
I think the Indian President is right to question and examine the legal and constitutional issues involved in her becoming the Prime Minister.Originally posted by: civad
In India, there are four options to choose:
a. BJP, etc: so-called right wing fundamentalist; *more or less* clear agenda on national issues.
b. Cong. (I) , etc: bunch of nitwits who did no good for the country during the 45 odd years when they were in power. Guided largely by socialist ( read: almost leftist) principles
c. The Left (communists)
d. A whole bunch of small, regional, single-digit MP (member of parliament) parties who see nothing beyond their short-term interests, at any cost.
Full text of Sonia Gandhi's speech
May 18, 2004 20:50 IST
Following is the text of Sonia Gandhi's address to Congress Parliamentary Party meeting in Delhi on Tuesday evening where she announced her decision not to accept the prime minister's post.
Friends,
Throughout these past six years that I have been in politics, one thing has been clear to me. And that is, as I have often stated, that the post of prime minister is not my aim.
I was always certain that if ever I found myself in the position that I am in today, I would follow my own inner voice. Today, that voice tells me I must humbly decline this post.
You have unanimously elected me your leader, in doing so, you have reposed your faith in me. It is this faith that has placed me under tremendous pressure to reconsider my decision. Yet, I must abide by the principles, which have guided me all along.
Power in itself has never attracted me, nor has position been my goal.
My aim has always been to defend the secular foundation of our nation and the poor of our country- the creed sacred to Indiraji and Rajivji.
We have moved forward a significant step towards this goal. We have waged a successful battle. But we have not won the war. That is a long and arduous struggle, and I will continue it with full determination.
But I appeal to you to understand the force of my conviction. I request you to accept my decision and to recognise that I will not reverse it.
Our foremost responsibility at this critical time is to provide India with a secular government that is strong and stable.
Friends, you have given me your generous support; you have struggled against all odds with me. As one of you and as president of the Congress party, I pledge myself to work with you and for the country. My resolve will in fact be all the more firm, to fight for our principles, for our vision, and for our ideals.
