Sangma argues against foreign-born citizens

By J. Venkatesan

NEW DELHI, JAN. 8. Mr. P.A. Sangma, MP and leader of the Nationalist Congress Party, has presented a paper to the Constitution Review Commission suggesting an amendment ``embodying the new principle that high constitutional offices shall be accessed only by natural born citizens of India''.

Though the Commission is yet to discuss this issue, the paper assumes significance as it is left open to the Commission to make recommendations on this aspect after getting feedback from political parties and the public. According to Mr. Sangma, a member of the panel, ``Though no individual has been referred to in my paper, the issue has to be addressed by the Commission in view of its national importance.''

Mr. Sangma, who has analysed various Constitutions in the world, is of the view that the right of citizenship and the benefits flowing from it have always been intimately and predominantly linked to nationality, especially to one's nation of origin. He says that the first generation rights, particularly political rights of exercising authority in crucial positions of governance, are given more exclusive treatment to natural born citizens of a country.

Citing examples, he says even in the case of those born outside the territory of a country, of citizen-parents, there is unconditional attribution of citizenship in France and Germany. In the U.S., Canada and the U.K., attribution of citizenship to such persons is done on a conditional basis.

He says the U.S. is a clear example of ``natural born citizen'' preference. Article II of its Constitution says: ``No person except a natural born citizen of the United States at the time of adoption of this Constitution shall be eligible to the office of the President...''

In the U.K., only those born in the nation became British citizens. Those belonging to other categories have limited rights. Similar is the situation in Germany, Norway, Sweden, Denmark, Finland and Iceland.

However, he says in India there is no constitutional or legal provision for preventing naturalised citizens access to sensitive positions of authority - President, Prime Minister, Governors, Chief Ministers, Judges of Supreme Court and High Court, Attorney General.

He says it is incredible that in a country of a billion population with a democracy of a vintage of over half a century, and after a long spell of foreign rule before becoming independent, there is scope for persons of foreign origin accessing high constitutional positions.

Justifying the need for exclusion of naturalised citizens, he is of the view that in the present times of globalisation and sea change in international politics with strong implications for national autonomy, defence and security as well as for economic security, prudence would demand exclusion of persons of foreign origin from holding high constitutional positions.

Mr. Sangma feels that the founding fathers of the Constitution left it open to the Parliament to establish a law on the subject. They did not even remotely visualise a possible citizenship route to power for persons of foreign origin, he says, and recommends amendment to the Constitution so that only natural born citizens could access high constitutional posts.

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