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Moot Court Problem - 2
Sharon married John (an American) on 1-1-1970. John, who is a businessman, established a leather business Network in USA. After his marriage he is doing his business by residing at New Delhi in India. Sharon is a natural born Indian settled at New Delhi. She is actively involved in Indian politics. She became an M.P. (Sangam party) in 1977 general election from Anantpur constituency in State of A.P.
John on 1-4-1990 applied for Indian citizenship. The Government of India under the Indian Citizenship Act, 1955 conferred Indian citizenship to John. Sangam party leaders on several occasions requested John to join and take active part in Indian politics, but he rejected. Indian statesmen Daily Newspaper conducted general survey on the opinions of businessmen on present Indian politics. The newspaper published the news item of the statement of John, who is one among businessmen on 1-4-1993 under the caption 'Dirty Politics'. In this John stated "I do not want to enter into the clumsy, dirty politics. I am a businessmen."
In 1995 Bharat Seva Party (BSP) with coalition of 10 other political parties formed the government with simple majority. The House consists of 300 members. On expansion of Ministry one of the major political party withdrew its support to BSP because two of its party men, who are non resident Indians were not given ministry. BSP leader strongly said that their election manifesto consists that they are going to amend the constitution to the extent that only Indian natural born citizens would alone be eligible for higher position under the constitution. On 1-2-96 no confidence motion was moved against BSP government on the withdrawal of support by its allies. BSP failed to prove its majority in the house. Therefore President dissolved the house and calls for fresh mandate from the people.
General Election was held on 4-9-1996. Sangam party, BSP, and other political parties with their same election manifestos contested in this election. John filed his election nomination South Delhi constituency after the last date of filing the nomination, because the last date was Sunday. The same was accepted. Election results were announced, except South Delhi, because death of one of the contest (Independent) on 1-1-1997.
Bharat Seva Party secured 75 and with alliance of 5 political parties its got 149 seats out of 300 total seats of the house. Sangam Party secured 76 seats and with support of other 5 political parties it got 151 seats out of 300 seats in the House. Sangam Party elected John as their party leader in their party office.
When the President about to invite the appropriate leader of political party to form the government. In several state and even in the capital people conducted processions and dharnas against the election of John as the party leader on the ground that he was not a natural born citizen of India. Rama Rao who is a Supreme Court advocate filed public interest litigation in this issue. He submitted that so far after the independence in political history no foreigner occupied high ranks under the constitution. In this matter so far the constitution is silent therefore to protect custom, tradition and usage of this country. Further his candidature must be disqualified under the Representation of the People Act, 1951. He prayed that this court have to interfere and establish a precedent. Supreme Court allowed the matter.
John submitted a memorandum to the President that he is eligible candidate according to the Constitution to be called by the President to form the government. Thereafter President refers this matter to the Supreme Court for its advisory opinion under the article 143 of the Consitution.