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1999 Supreme(AP) 263

B.SUBHASHAN REDDY, VAMAN RAO
R. Venkateshwara Rao – Appellant
Versus
Union of India – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) IN this pro bono publico writ petition, the constitutional validity of Section 5 (1) (c) as also Section 6 of the Citizenship Act, 1955 (Central Act 57 of 1955) (hereinafter referred to as the Act ) is questioned. Consequential declaration sought for is that no person of foreign origin including Mrs. Sonia Gandhi - 8th respondent herein - with citizenship either by registration or by naturalisation is competent or eligible to become Member of either House of Parliament, the Prime Minister of India or the President of India.

( 2 ) MR. R. Venkateswara Rao, a businessman of Hyderabad, filed an affidavit in support of the relief sought for. He pleads that the scheme of Constitution of India does not envisage conferment of citizenship on any foreigner and Part II of the Constitution of India dealing with citizenship employs the meaning that it never intended to grant citizenship to foreigner and that indeed, the paramount intention is to guard this country from alien invasion or interference. Alternate contention is, even assuming that citizenship can be granted to any foreign national, there should have been a condition imposed, rendering such person ineli













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