On Tuesday, the Delhi High Court agreed to schedule BJP leader Subramanian Swamy's petition concerning Congress MP Rahul Gandhi’s citizenship for consideration by the roster bench that handles public interest litigation (PIL).

Swamy has requested the court to direct the Ministry of Home Affairs (MHA) to determine whether his representation, which seeks the cancellation of Rahul Gandhi’s Indian citizenship, should be treated as a PIL.

During the hearing, the court noted that for it to exercise its writ jurisdiction under Article 226 of the Indian Constitution, Swamy would need to demonstrate an enforceable legal right, which was not apparent in this case. However, the court acknowledged that the matter could be entertained if it involves a significant public interest, which Swamy claims his petition does.

The court decided to list the case before the appropriate bench that deals with PILs. Swamy’s plea also requests that the MHA provide a status report on his representation against Gandhi, who is the leader of the opposition in the Lok Sabha.

Swamy’s plea argues that Gandhi, by reportedly disclosing to the British government that he held British nationality and thus a British passport, has violated Article 9 of the Indian Constitution and the Indian Citizenship Act. Swamy contends that this would render Gandhi ineligible to hold Indian citizenship.

In his petition, Swamy asserts that despite multiple representations to the MHA regarding his complaint, he has not received any response or update on the matter.