today because of the denial by the authorities only on the ground that the address and identity of her father has not been traced out. citizen Ganga Maya who has obtained Nepali citizenship certificate it has been obvious from the petition that even her mother has not known about the father of petitioner. Going through our constitutional provision regarding citizenship, Chapter 2 of Interim Constitution of Nepal, 2007 provides for citizenship. Article 8(1) of the Constitution has provided that “At the commencement of this Constitution, the persons who have acquired the citizenship of Nepal and who are eligible to acquire the citizenship shall be the citizens of Nepal. Article 8(2) of the Interim Constitution of Nepal provides that “At the commencement of this Constitution, the following persons who have their permanent domicile in Nepal shall be deemed to be the citizens of Nepal by descent: Here a question has been raised as to whether a person who has attained the qualifications specified by constitution and law for becoming a citizen of can be denied the right to obtain citizenship only on the ground that his or her father has not been traced out. Upon studying the written responses of the respondents, it is mentioned that though Section 3 (1) of the Act has laid down that a person born at the time when his/her father or mother is a citizen of Nepal, shall be a citizen of Nepal by descent, and as whereabouts of the petitioner’s father has not been traced and there is no proof that she was born in Lamidanda VDC of Dolakha district. Therefore, she has been denied Nepali citizenship certificate. (a) any person who has acquired citizenship by descent prior to the commencement of this Constitution, (b) any person whose father or mother was a citizen of Nepal at his or her birth. Now in this regard, it has to be considered on the whether or not a person who has attained the qualifications specified by constitution and law for obtaining Nepali citizenship of Nepal can be denied the right to obtain citizenship only on the ground that his or her father has not been traced out. Apart from the constitutional provision regarding citizenship, going through the legal provisions regarding citizenship, the dissolved House of Representatives has enacted Act No 25 of the year 2006, the Nepal Citizenship Act, 2006, which has been brought into commencement on 26th November, 2006. Section 3 (1) of the Act has clearly laid down that: “A person born at the time when his/ her father or mother is a citizen of Nepal, shall be a citizen of Nepal by descent.” There is no debate on the fact that the mother of petitioner is a person who has acquired Nepali citizenship certificate by descent and that the petitioner was born in Dolakha District of Nepal from Ganga Maya who has obtained Nepali citizenship certificate. Section 8 of the Act has specified the procedure to be followed for obtaining citizenship certificate by a person who is qualified for obtaining it. Pursuant to the provision of Section 8, a person in order to obtain Nepali citizenship certificate by descent, he or she From the above mentioned contents of petition and the written response of Chief District Officer of Dolakha, the following two questions have been raised: (1) has to attain the age of 16 years, a) (2) has to be the descendant of the relatives within three generations from paternal or maternal or self side has obtained the citizenship certificate, Whether the petitioner is a person qualified enough to obtain Nepali citizenship certificate or not? b) Whether Nepali citizenship certificate can be obtained from mother’s name in case whereabouts of his or her father has not been traced out? 2. To consider about the first question, the Interim Constitution of Nepal, 2007 and Nepal Citizenship Act, 2006 have prescribed qualification for obtaining Nepali citizenship whereas the Nepal Citizenship Rules, 2006 have laid down the procedures for obtaining Nepali citizenship certificate. 3. As the petitioner was born in Nepal, she has completed 18 years of age, her mother has been a Nepali citizen by descent who has obtained Nepali citizenship certificate bearing the No 1353 issued by District Administration Office, Dolakha, it is hereby established that (3) the concerned Village Development Committee or Municipality has to make recommendation mentioning the place of birth and relationship. Nepal Citizenship Rules, 2006 has been framed exercising the power conferred by Section 23 of the Nepal Citizenship Act, 2006. These Rules have underlined the procedures for obtaining citizenship certificate. The Constitution and Act have prescribed qualification for citizenship whereas the Rules have laid down the procedures for obtaining Nepali citizenship certificate. As such, the person qualified to obtain Nepali citizenship certificate shall have to submit an application before the official as prescribed in the format specified in Schedule 1 of the Rules. Although the petitioner was born from a Nepali 49 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION