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The constitutional reason for Sonia Gandhi not becoming the PM in 2004

Sonia Maino was conceived on 9 December 1946 to Stefano and Paola Maino in Lusiana (in Maini road), a verifiably Cimbrian-talking town around 35 km from Vicenza in Veneto, Italy. Sonia Gandhi's contribution with Indian open life started after the death of her mother-in-law and her husband's political race as prime minister.

In April 1983, BJP has affirmed that she showed up on the voter’s rundown in New Delhi preceding acquiring Indian citizenship, in negation of Indian law. On this previous senior Congress pioneer and previous President of India Pranab Mukherjee said that she gave up her Italian identification to the Italian Embassy on 27 April 1983.Italian ethnicity law didn't allow double identity until 1992. Along these lines, by procuring Indian citizenship in 1983, she would consequently have lost Italian citizenship. After all this, in 1999 she was elected the Leader of the opposition[1] of 13th Lok Sabha.

Then comes the year 2004, where 2004 general elections[2] were there. In election she was re-elected by 200,000 vote margin over rivals and she was widely expected to be the next prime minister of India and according to me she wants to become prime minister of India but then Dr Subramanian swamy (Chairman of the Janata Party) arrived. At that time he wrote a letter to Abdul kalam. Dr. Subramanian Swami has frequently spoken on the topic of the citizenship status of the Chairman of the UPA, Mrs. Sonia Gandhi, and furthermore that Mrs. Sonia Gandhi was kept the post from getting PM in 2004 in the wake of composing a letter to the then President of India, Dr. Kalam, featuring Section 5 of the 1955 Citizenship Act, which he concluded[3].

But according to facts and Indian Citizenship Act 1955, his letter was useless as:
Section 5(1)(c) of Citizenship Act 1955 – According to this section “Persons who are, or have been, married to citizens of India, and are ordinarily resident in India and have been so resident for five years immediately before making an application for registration”

Sonia Gandhi is a Woman and about that, I assume, there is no uncertainty.

Issue: Application of Reciprocity Clause to entire Section 5 and not just 5(1) (e)

According to the 13th paragraph of R Venkateshwara Rao Vs. Union of India and Others case judgment it can be understood that Reciprocity doesn’t apply to Section 5(1) (c) of Citizenship Act, under which Sonia Gandhi has taken citizenship. And the main thing is that The Reciprocity Clause applied to entire Section 5 of Citizenship Act 1955, was deleted in Citizenship Amendment Act 2003 by the NDA government.

Issue: Some said that The Citizenship Amendment Act 2003 was carried out in a Hurry

Initially, L K Advani introduced this Bill to the Parliament on May 9, 2003 (Rajya Sabha). The Bill was then sent to the Parliamentary Standing Committee headed by Pranab Mukherjee. The Bill was introduced again on December 18, 2003, following a hole of 7 months in Rajya Sabha and discussed. It was introduced then in Lok Sabha on December 22, 2003 and debated. Since the second meet of Indian Diaspora was planned for Delhi on January 9-10, 2004, President of India Dr. A P J Abdul Kalam gave his consent to the Bill on January 7, 2004.Overall, the cycle of audit and revision of Citizenship Act appears to have been going on since 1998, which at last finished in 2003.

End-Notes:
  1. The leader of the Opposition is the legislator who drives the official restriction in either House of the Parliament of India. The Leader of the restriction is the parliamentary director of the gathering with the most seats after the administration party.
  2. General elections were held in India in four phases between 20 April and 10 May 2004. Over 670 million people were eligible to vote, electing 543 members of the 14th Lok Sabha. The Lok Sabha, or "House of the People," is the directly elected lower house of the Parliament of India.
  3. Do You Know Your Sonia? - by Dr. Subramanian Swamy
Written By: Adarsh

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