THE Congress spokesman Abhishek Singhvi's defence of his leader Sonia Gandhi calls for a comment. The Constitution of India (Article 102) disqualifies a sitting member of parliament if he or she is 'under any acknowledgement of allegiance or adherence to a foreign state.' Abhishek's legal defence to assert that the acceptance of the Order of Leopold does not amount to acknowledgement of allegiance or adherence by Sonia to Belgium has two limbs.

One, that the Order of Leopold is a decoration, not a title and so it does not violate Article 18 of the Constitution. Two, the Order has nothing to do with 'pecuniary benefits' or owing 'allegiance' to Belgium. Besides Abhishek makes a political argument. That Sonia received the Order of Leopold like Morarji Desai received Pakistan's highest civilian award Nishan-e-Pakistan or like the former Orissa Chief Minister receiving Indonesia's highest civilian honour, the Bhumiputra.

Compare what Bharat Ratna is for and what the Order of Leopold is for. The Bharat Ratna is for the highest degree of national service. This service includes artistic, literary, and scientific achievements as well as "recognition of public service of the highest order." Again, Wikipedia, the on-line encyclopaedia, says "unlike Knights holders of the Bharat Ratna carry no special title nor any other honorifics." In contrast this is what the Wikipedia says about the Order of Leopold: The Order of Léopold is the highest Order of Belgium and is named in honour of King Léopold I. It consists of a military, a maritime and a civilian division.

The decoration was established in 1832 and is awarded for extreme bravery in combat or for meritorious service of immense benefit to the Belgian nation. During the Second World War, the Order of Léopold was bestowed on several officers of foreign militaries who had helped to liberate Belgium from the occupation of German forces.

Membership can only be granted by his majesty, King Albert II and is reserved to the very most important Belgian nationals and to some distinguished foreign persons who contributed in one way to the Belgian military, the Belgian civil society or the Belgian State. Annually, there are two days when the King may grant membership, on April 8 (King Albert's birthday) and on November 15 (Day of the Belgian Dynasty). The difference is manifold and obvious. The most significant, unlike in the case of Bharat Ratna, the Order of Leopold has no element of recognition of 'public service of the highest order'. It is a military title with a civilian mirror effect.

In contrast the Bharat Ratna is not a title; it is just an honour. The issue more critical than whether the Order of Leopold is a title or not within the meaning of Article 18 of the Constitution is whether the acceptance of the Order by Sonia Gandhi amounts to acknowledging allegiance or adherence to Belgium. This is the issue the Election Commission is immediately concerned about.

There is no precedent of a decided case on the issue in India. But in Australia there is. The Australian Constitution also disqualifies a member of parliament who is "under any acknowledgment" of "allegiance", obedience, or "adherence" to a foreign power. This is identical with Article 102 of the Indian Constitution. See how this issue is dealt with in Australia. The Australian government website says under the title "Acceptance and wearing by Australians of foreign awards and decorations" : "In the case of Members of the Federal Parliament who are nominated to receive foreign honours, additional information is required to ensure that the award does not place them in a situation of conflict of allegiance. This is because, under the Australian Constitution, acceptance of a foreign award could result in disqualification from certain public offices, particularly should there be any acknowledgment of allegiance, obedience or adherence to a foreign State. The Department will therefore ask the mission or post representing the conferring government to contact the nominee seeking written assurance that acceptance of the award would not prejudice his or her parliamentary status."

The position is clear. No pecuniary benefit to Sonia under the Order of Leopold is needed to disqualify her. In fact the Association of the Order of Leopold does confer pecuniary benefit to the members, and also their children. So theoretically, Rahul and Priyanka are also entitled to medical and other benefits from the Association of the Order of Leopold.

So, Mr Abhishek you may need to check your law and facts more to put up better defence for your leader.

Courtesy: www.newindpress.com, February 16, 2008