‘You Don’t Have the Right to Vote in India’: Gujarat HC Questions British Citizen’s PIL to Change System
Summarized by AI; it may make mistakes. Check important info
Summarized by AI; it may make mistakes. Check important info
Pankaj Patel, an Indian-origin British citizen and OCI cardholder, wants to help improve India’s system; High Court seeks clarity on whether he can file a PIL
Can a British citizen of Indian origin approach an Indian court through a Public Interest Litigation (PIL) seeking changes to the country’s system? The Gujarat High Court has raised this question while hearing a petition filed by Pankaj Patel, who told the court that he was deeply distressed by the state of affairs in India and wanted to help improve the country.
Appearing as a party-in-person, Patel told a division bench headed by the Acting Chief Justice that India was beautiful and governed by the rule of law when he left the country around four decades ago. He expressed concern that the situation had deteriorated and that the system now appeared to function without regard for the law.
The bench questioned his eligibility to file the PIL, observing: “You are not a citizen of India, nor do you have the right to vote; how, then, can you file a Public Interest Litigation?”
‘If The Country Is In Such A Bad State, Why Do You Want To Live Here?’
During the hearing, the court questioned Patel about his decision to seek changes to India’s system despite being a British citizen.
“If the country is in such a bad state, why do you still wish to live here?” the court asked, questioning whether dissatisfaction with certain aspects of the system was the reason behind his plea to change it.
Patel told the bench that he did not want to return to Britain. He said he wanted to see conditions improve in India and that his intention was to help people.
Gujarat HC Seeks Clarity On OCI Cardholder’s Right To File PIL
The High Court has sought legal clarification from the government on whether a foreign citizen, specifically an Overseas Citizen of India (OCI) cardholder, is entitled to file a PIL.
The bench directed Patel to first clarify the rights available to OCI cardholders under the applicable legal framework.
During the proceedings, the government also sought a copy of the petition and asked what specific changes Patel expected it to implement.
The question before the court concerns the petitioner’s legal standing to pursue the case, rather than the merits of his broader concerns about India’s system.
Matter Listed For December 8
The Gujarat High Court has scheduled the matter for further hearing on December 8. Patel, who is representing himself, has been directed to remain present in court to put forward his arguments.
The next hearing is expected to address the legal position governing an OCI cardholder’s eligibility to initiate public interest proceedings before an Indian court. No final decision on the maintainability of Patel’s PIL has been reported at this stage.
