Home is where the heart is?

Sonia Gandhi remains an Italian subject in personal law and an Indian in public law, says S Gurumurthy

Congress president Sonia Gandhi does own a house, in fact, a home, but not in India. It's in Italy! Not an ordinary home, it's her ancestral home, her emotional connection to Italy. This is not an allegation; it is by her 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. Yet, being homeless, she lives in one of the largest bungalows in Delhi at 10, Janpath. Valued in terms of its worth in the market it will cost some Rs 100 crore! But that is owned by the Government for her use. Thus, it is not that she does not own houses or cars. She does not need to own them.

Owning property creates problems which enjoying without owning avoids. By not needing to own a house and having a Government to own the house for her, she is in unique position. The logic is self-evident: You need not own anything, should some-body else, preferably the Government be 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 jewellery. So she has jewellery worth Rs 21 lakh. If it is shown at bought out value, it may fetch a couple of crores at market value. She has other assets. But that she 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, only a residence here. But the EC rules are inadequate to detect what she enjoys without having to own!

Her claim as Indian rests solely on the belated nationality papers she secured through emergency route in 1983. In law, domicile means permanent home. Ms Sonia Gandhi may hold a certificate of nationality here. It decides her political status, but does not testify that she has abandoned her domicile of origin, Italy. In private international law, her domicile of origin as an Italian continues till she abandons Italian connections and by choice acquires India as her new home. Acquiring Indian citizenship does not terminate her Italian domicile. 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 and legally, she does not have a residence in India at all!

However luxurious the Government provided accommodation is, it 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 whey 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 make if Ms Sonia Gandhi, with Indian citizenship papers, 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 and not Indian law. So, as the ruling alliance leader, she will be Italian subject in matters of personal law, that is, inheritance, marriage, etc. She is Italian in personal law and Indian in public law, that is, law of crimes and such. That is, half Italian and half Indian.