of the concerned district. His/her duties,
functions and powers are prescribed in Local
Administration Act as well as in the respective
laws. At the centre, the council of ministers
headed by Prime Minister runs the general
administration of country by exercising the
executive power whereas at the district level,
the Chief District Officer runs the district
administration by exercising the powers
conferred by the relevant laws. Chief District
Officer, thus, is the administrative head of a
decentralized administration.
9.
matter of facing hardships in obtaining
citizenship certificate is not acceptable.
However, it has been obvious from this writ
petition that such a condition exists.
11. Upon examining the written responses of
respondents, it seems that the Government of
Nepal and Chief District Officer are ignorant
about the constitutional and legal provisions
as regard to the conditions of becoming a
Nepali citizen and obtaining Nepali citizenship
certificate. Reviewing the responses of the
Government of Nepal and Chief District
Officer it seems that they are guided by male
dominated evil tradition and evil practices.
Examining the constitutional and legal
provisions of obtaining citizenship, it is clear
that any person born in Nepal either of whose
father or mother was a Nepali citizen at his
birth, shall be eligible for obtaining Nepali
citizenship certificate. It is not necessary that
his/her father has to be traced out. Article
8 of the Interim Constitution of Nepal, 2007
stipulates that “At the commencement of this
Constitution any person who has his or her
permanent domicile in Nepal and whose
father or mother was a citizen of Nepal at his
or her birth shall be deemed to be the citizen
of Nepal by descent.” Article 8(2) (b) has not
provided father and mother but rather father
or mother. In Article 8(2) (b) there is no use of
‘and’ after father but there is the use of ‘or’. If
there had been use of ‘and’ after father instead
of ‘or’ Nepali citizenship certificate could
have not been obtained by the person whose
father had not been traced out. However, the
Constitution has clearly provided “father or
mother” and therefore, a person can obtain
Nepali citizenship even if only one of his/
her parents is a Nepali citizen. Therefore, the
respondents have given wrong meaning and
made misinterpretation of the clear provision of
Constitution by denying citizenship certificate
to the petitioner.
Chief District Officer, exercises executive/
administrative power apart from some quasijudicial powers to hear cases provided to him/
her exceptionally. While going through the
Local Administration Act, 1971 and Nepal
Citizenship Act, 2006, the Chief District Officer
performs the different functions ranging from
maintaining law and order in the district to
the works for the welfare of the people. From
among these powers and duties of Chief District
Officer, the duty and power to issue Nepali
citizenship certificates to the Nepali citizens
eligible to obtain it has crucial importance.
10. According to the above mentioned constitutional
and statutory provisions, a person born from
the parents who are Nepali citizens and born
within the territory of Nepal, has the right to
obtain Nepali citizenship certificate from the
district where he/she was born. Citizenship
certificate is essential for every individual.
None can enjoy political rights of the country
unless he/she is the citizen of that country. He
/She is not identified as a citizen of that country
in absence of citizenship certificate. Without
citizenship certificate no one can acquire
immovable property, participate in elections,
cast votes or use any other right conferred only
to Nepali citizens. The Interim Constitution of
Nepal, 2007 and Nepal Citizenship Act, 2006
have clearly specified the person born in Nepal
at what condition is eligible for obtaining
Nepali citizenship and Nepali citizenship
certificate is to be issued to the person situated
in what condition after fulfilling what type of
procedure. Since Nepal is a welfare state, it is
the right of every person to acquire citizenship
certificate in a easy and simple manner upon
filing an application in the format prescribed
by law and fulfilling necessary procedure after
attaining qualification required for obtaining
Nepali citizenship certificate by birth in Nepal.
No citizen can be deprived from obtaining
citizenship from wrong reasoning or wrong
interpretation of law made by prescribed officer
due to his/her ignorance about Constitution,
laws and covenants on Human Rights. The
12. Interim Constitution of Nepal, 2007 has
conferred the mother an equal right and place
with father as regard to Nepali citizenship.
Article 13 of the Interim Constitution of Nepal,
2007 has provided the right to equality. Article
13(1) provides that all citizens shall be equal
in the eyes of law, and 13(2) has prohibited
in making discrimination on application of
general laws on ground of sex. Article 20(1)
has barred from making discrimination of any
kind against women by virtue of being woman.
The rights to equal treatment for woman with
man and prohibition on discrimination of any
kind against women by virtue of being women
have been guaranteed as fundamental right. In
51
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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