Rahul Gandhi’s Citizenship Under Scrutiny Again as Review Petition Filed in HC
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| Source: The Hindu Online |
Citizenship Row Rekindled: Review Petition Filed in Allahabad High Court Against Rahul Gandhi Alleging Dual Citizenship
Lucknow, July 2025: The controversy over the citizenship of Congress leader and Leader of Opposition Rahul Gandhi has taken a new turn, as a fresh review petition has been filed before the Lucknow Bench of the Allahabad High Court, challenging the court’s earlier dismissal of a Public Interest Litigation (PIL) related to his alleged dual citizenship.
The original PIL, filed by S. Vignesh Shishir, a BJP worker and active petitioner, was dismissed in May 2025 by the same bench. The court had stated that the case lacked substantial material and significant evidence and deemed it another round of litigation without merit. However, it had granted liberty to the petitioner to file a fresh petition if new material evidence surfaces. Taking cue from that observation, Shishir has now filed a review petition citing new documentary evidence, official confirmations, travel videos, and statutory representations.
What’s New This Time?
According to Shishir’s review petition, official confirmation was received in the second week of May 2025 from the UK Home Office, stating that all documents related to Rahul Gandhi's citizenship status were transferred to India's Ministry of Home Affairs (MHA) via the Indian Embassy in the last week of April 2025. Based on this confirmation, Shishir sent a detailed representation to the MHA on May 12, demanding the cancellation of Rahul Gandhi's Indian citizenship.
He further alleged that Rahul Gandhi holds British citizenship and resides in India for less than 182 days in a year—thus qualifying him as a Non-Resident Indian (NRI), which, if true, would violate election affidavits and constitutional oaths taken by him as a Member of Parliament.
Allegations and Supporting Evidence
In contrast to earlier cases relying on old corporate documents—especially records of UK-based firm BackOps Ltd., where Rahul Gandhi was once listed as a director and allegedly marked as a British citizen—this petition goes beyond political statements or corporate filings. It includes:
- Videos allegedly showing Rahul Gandhi using a foreign passport while traveling to Vietnam and Uzbekistan.
- An annexure of communication between the UK Home Office and MHA confirming transfer of citizenship-related data.
- A statutory representation sent to MHA demanding action under Section 9(2) of the Citizenship Act, 1955.
Section 9(2) of the Act states that if a person voluntarily acquires the citizenship of another country, their Indian citizenship stands automatically canceled, and any dispute is to be determined by the Central Government.
Legal & Political Ramifications
The High Court, during the earlier proceedings, had noted delays and lack of response from MHA, instructing the Centre to provide clarification within 10 days. Additional Solicitor General Suryabhan Pandey submitted a status report, which the court found inadequate. Notably, no legal representative appeared for Rahul Gandhi during this hearing.
Petitioner Shishir has now also named multiple government entities as respondents in the review plea, including:
- Election Commission of India
- Income Tax Department
- Enforcement Directorate
- Returning Officer of Rae Bareli
- Speaker of the Lok Sabha
Furthermore, the CBI’s Anti-Corruption Branch-II has reportedly taken over the case and initiated an investigation, potentially adding criminal dimensions to the matter.
If proven that Rahul Gandhi holds dual citizenship, it could have severe consequences including:
- Disqualification from Parliament
- Annulment of his election victory
- Possible criminal prosecution under Representation of People Act
Related Legal Troubles
Currently, Rahul Gandhi is facing three more criminal cases in Uttar Pradesh, including:
- A defamation case filed by BJP leader Vijay Mishra in Sultanpur.
- A case related to remarks on Veer Savarkar filed in Lucknow, where he was fined ₹200.
- A case in the MP/MLA court in Hathras, involving a statement against an acquitted youth.
Background: Previous Court Observations
Back in 2019, Chief Justice Ranjan Gogoi of the Supreme Court had dismissed a similar PIL, observing that a company’s classification of someone as a British citizen cannot be accepted as legal proof. However, in 2025, with official communication reportedly being received from UK Home Office to the Indian government, the scenario may have changed legally and politically.
Shishir has argued that this is no longer just a public perception issue, but a serious matter of constitutional breach and electoral misconduct.
What Lies Ahead?
The Allahabad High Court is expected to list the matter for hearing next week. It remains to be seen whether the court finds the new materials credible enough to warrant further scrutiny or dismisses the petition as repetitive.
In a time when the Election Commission of India is under criticism for asking ordinary Bihar voters for citizenship proof—while Aadhaar and ration card are not accepted as valid evidence—this case brings a stark contrast in the standards applied to political elites versus common citizens.
The upcoming hearings could determine whether Rahul Gandhi’s citizenship issue evolves into a constitutional crisis, with ramifications on his political career and potentially influencing the narrative of the 2026 General Elections.
Stay tuned for updates on this unfolding legal and political drama.
