Italian subject in personal law, Indian in public law
S Gurumurthy
Sonia Gandhi does own a house, in fact, a home, but not in India. In Italy! Not an ordinary home, it's her ancestral home, her emotional connect to Italy.
This is not an allegation by a Subramanian Swamy pointing to her obsession for her motherland; Italy It is Sonia's own admission in her nomination form for the Rae Bareilly Lok Sabha constituency. Statistically, she is among the millions of poor, homeless people of India.
More, she does not own even a car. So, she is not among the millions who own cars in this country. So, in form at least she is among the crores of poor people of this country who do not own cars. She seems to suffer further in comparison with the poor. For, these hundreds of millions of Indians at least own bicycles or bullock carts. But obviously, she does own either.
Yet, this homeless person does live in one of the largest and luxurious bungalows in Delhi at No.10Janpath. Valued in terms of its worth in the market, it will cost some Rs 100 crores! But that is owned by the government, but exclusively for her use.
Protected under special law, the government has to provide houses, security-compatible houses, and cars, bulletproof cars, for her. Thus, it is not that she does not own houses or cars. She does not need to own them.
Also, owning creates problems which enjoying without owning avoids. Owning a house for instance costs lots of money, particularly in Delhi. High municipal taxes, expensive repairs and maintenance, water charges and so on. So obviously, by not owning a house, Sonia is not among the homeless millions of India. By not needing to own a house and having a government to own the house for her, she is in a unique position.
So the logic is self-evident: you need not own anything, should somebody else, preferably the government, is obliged to own and provide for you. But this is not what her list of assets would show. Of course, what the government cannot provide, she has. The government cannot provide her jewelery. So, she has them, jewelery worth Rs 21 lakh. She has other assets.
But that Sonia does not have a house of her own in India had remained a national secret. So is the fact that she has a home in Italy. Thanks to the mandatory rules of the Election Commission compelling her to declare their assets, it is now known that she has a home in Italy, and she only resides here without a residence, of course. But the EC rules are inadequate to detect what she enjoys without having to own!
That she is homeless in India may be a political talking point but, it dents her claim to have become an Indian. Her claim as Indian rests solely on the belated nationality papers she secured in 1983. See this legal gap in her status as an Indian. In law, that she has an ancestral home in Italy and does not own a house in India, shows her intention to retain her domicile, the desire to settle finally, in Italy. In law domicile means permanent home. Sonia may hold a certificate of nationality here, but that decides her political status, but does not testify that she has abandoned her domicile of origin, Italy. In private international law, the domicile of origin of Sonia case as an Italian continues until she abandons Italian connections and by choice acquires India as her new home.
Acquiring Indian citizenship does not terminate her Italian domicile, choose India as her home. Also, in law, she cannot have Italian and Indian domiciles simultaneously. That she has been physically resident in India for long periods does not mean she has acquired Indian domicile by choice.
Factually, also legally, she does not have a residence in India at all! However luxurious the government provided accommodation is, that is only her postal address, not own home in law. In contrast, she has her home, ancestral home only in her domicile of origin, Italy.
Retaining her ancestral home in Italy and not having a residence in India makes it clear in law that she intends to settle in Italy. Abandonment of Italian domicile, which is her origin, and acquisition of Indian domicile require in law strong evidence of both. Here her deliberate retention of her ancestral home suggests that she never intended to abandon her Italian domicile at all. The intention to abandon the domicile of origin, Italy, to acquire new domicile in India is completely absent because she has no residence in India but has a permanent, ancestral home in Italy. This is the legal position. She resides here without residence, but, has her home in Italy. She would have got the best legal advice. Yet, why does she retain her ancestral home which dents her claim as an Indian? The answer is evident. Despite the risks, she would still not opt for India entirely.
But, what difference does it makes if Sonia, with Indian citizenship papers in her name, is domiciled in Italy? The difference is this. Under private international law, domicile decides the personal law applicable.
Italian domicile will mean she will be governed in personal matters by Italian, not Indian, law! So, Sonia, the ruling alliance leader will be Italian subject in matters of personal law that is in inheritance, marriage and like areas. So, she is Italian in personal law and Indian only in public law, that is, law of crimes and like laws. That is, half Italian and half Indian.
http://groups.yahoo.com/group/RajivDixitwww.freedomindia.com
Prior to her Marriage to Late Rajiv Gandhi, Antanino Miano (Read: Sonia Gandhi) was working as a Bar Maid in a Restaurant in Italy. The Media may propagate: Sonia Sacrificing PM Gandiis History, but they should know "HER PAST IS A BIG MYSTERY". Most of the Indians are unaware that Sonia Gandhi's Family in Italy are enjoying Luxurious life at the cost of Indian Tax payers, The Government of India is Squeezing 164 Crores rupees annually to cater the needs of her family in Italy. Few of her family members and Friends in Italy have strong connections with the Indian Media. Sonia Gandhi Miano is the Queen of Times of India, a Daily which is actually controlled by World Christian Council.
Ref: http://jain.wisejobs.net/showthread.php?t=877
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