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Monday, May 24, 1999

Constitutional experts too differ on foreign origin issue

PRESS TRUST OF INDIA  
NEW DELHI, MAY 23: Just as political opinion seems divided on the issue of loyalty of citizens, not born in India, to the country and their suitability for top most posts in public life, intellectuals also find themselves on different sides of a divide on the issue.

Some of them say that whether Congress leader Sonia Gandhi becomes the prime minister or not is a political issue and show disdain for legal overtones given to it in some quarters, others simply favour introduction of a legislation which can restrict people who are not born and brought up in India from aspiring and contesting for topmost posts.

"I am in favour of a constitutional amendment with consent of all the people which allows only people who are born and brought up in India to hold the topmost posts of the country," says constitutional expert Shanti Bushan. It is to eliminate the risk of dual loyalty that such an amendment becomes of utmost importance, Bushan says, explaining if a person, who has been a citizen of some other country,acquires citizenship of India may be torn apart emotionally if a conflict between the two countries arises.

Justice Rajender Sachhar insists that Congress is trying to personalise the issue which does not really concern a person. It is of relevance at all times as a person acquiring Indian citizenship will not necessarily develop love for India, he argues. "It is not a matter of security risk, but a matter of self respect that our top leader should be Indian," he says adding attachment to a country one is born in is emotional.

"Though disqualification of people not born in India from holding top posts is needed, such a law has to be debated and the shape of disqualification has to be worked out," says Supreme Court lawyer Ravindera Bhatt, adding if all foreigners are excluded, even children born in other countries of Indian parents will be disqualified. Thus, Bhatt says, some provisions are needed to exempt such children from the purview of any new law.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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