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Pisces1
Pilla Bewarse
Username: Pisces1
Post Number: 78
Registered: 04-2004
Posted From: 128.206.231.27
| | Posted on Thursday, May 20, 2004 - 1:49 am: |    |
http://economictimes.indiatimes.com/articleshow/68 5876.cms
According to Section 5 of the Citizenship Act of 1955, Gandhi may not have the right to assume the office of the Prime Minister of India
Under Section 5, the rights and privileges allowed to foreigners who become citizens by application (not by birth) are conditional upon the rights and privileges granted to Indians in the country of the concerned person (Italy in this case). So, a lot would depend on whether India-born people who become Italian citizens are permitted to become Prime Minister of that country. Other legal obstacles to gandhi's becoming PM apparently come from Articles 102 and 103 of the Constitution. Article 102 says: "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".
The Pioneer report says: The term "adherence" had to be clarified specifically as Ms Gandhi in her affidavit before the Returning Officer of the Rai Bareli Parliamentary constituency had stated that she owned ancestral property, namely portion of a house, in Orbassano, Italy, the country of her origin. This fact of ownership, legal experts say, makes her subject to Italian law in this matter and could be interpreted as "adherence" to a foreign country. Since this portion of the ancestral property was apparently bequeathed to her by her father in his will, she inherited it only after his death. Consequently, the property was not hers when she filed her 1999 nomination affidavit.
Article 103 states that "if any question arises as to whether a member of either House of Parliament has become subject to disqualification mentioned in Article 102, the question shall be referred for the decision to the President and his decision shall be final".
Clause 2 of the Article says: "Before giving any decision on such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion."
Of course, the issue is academic now, unless Gandhi plans to become Prime Minister in the future, but this time around, it may have put obstacles in her path which would have harmed both her and the Congress-lead alliance.
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Nagfanscom
Pilla Bewarse
Username: Nagfanscom
Post Number: 22
Registered: 04-2004
Posted From: 202.63.124.1
| | Posted on Wednesday, May 19, 2004 - 11:32 pm: | |
Janani Janmabhumischa Swargadapi Gariyasi...
E thalli ninu kannadoo, A thalli ne kanna janma bhoomi guppadi ra!
For me Janmabhoomi is India and For Sonia it is Italy and For YOU? |
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