the term national but it has not treated nationals as its citizens. The US Constitution also has only referred the citizens. The United States Immigration and Naturalization Act, 1952 has regarded the residents of places like Samoa which are not included in the union as the American nationals but does not regard them as its citizens. Even in Nepal, there may be persons who might have stayed for a long period in Nepal and may have attained a certificate that would identify him as a Nepali citizen being issued by government offices, local bodies, government owned corporations and educational institutions, and recommendations of the Village Development Committees and Municipalities that someone is a Nepali citizen. Such person may be the national of Nepal but not its bona fide citizens as per Chapter 2 of the Interim Constitution of Nepal, 2007 and Nepal Citizenship Act, 2006. Court may strike down such law to the extent of such inconsistency. To look in this premise, there is an evident provision in Article 65(a) of the Interim Constitution that a person has to be a Nepali citizen first to become a member of Constituent Assembly. Therefore, the provisions enshrined in Section 11(1) and (2) of the Electoral Rolls Act, 2006 that ‘land ownership certificate, identity cards issued by government offices, local bodies, government owned corporations and educational institutions, and recommendations of the Village Development Committees and Municipalities may be acceptable ‘used after the ‘citizenship certificate’ has to be maintained that the legislature has framed law by exceeding its jurisdiction. The other documentary evidence cannot substitute the citizenship certificates. Hence, that provision does not seem to be consistent with the provisions of Article 65(a) and Section 5(1) (A) of the Electoral Rolls Act, 2006. It is also found to be inconsistent with the provisions of Article 25 of the ICCPR. 12. The Constitution is the fundamental law of the land. Nepal has a written Constitution and Article 1 of the Constitution proclaims that the Constitution is the fundamental law of the land and the law inconsistent with it shall be void to the extent of its inconsistency and therefore, Nepal is a country that has Constitutional supremacy. Pursuant to Article 1, the Constitution is the fundamental law of the land and the law inconsistent with it shall be void to the extent of its inconsistency and Article 107(1) has entrusted this Court with the extraordinary jurisdiction to declare any law void that is inconsistent with the Constitution. This implies that though the legislature is sovereign to legislate any laws, it has to make law without violating constitution or same without contravening with the Constitution. In case any law is inconsistent with the Constitution, this Court reserves the power pursuant to the Article 107(1) of the Interim Constitution to declare such law null and void by exercising its extraordinary jurisdiction. 14. In Article 63 of the Interim Constitution of Nepal, 2007 it is provided a Constituent Assembly shall be constituted for the making of a new constitution. After the commencement of the Interim Constitution, a Constituent Assembly has been constituted and the process of Constitution drafting has already begun. Pursuant to the provisions of Article 63(7), the members to the CA have been elected by the Nepali citizens, who have completed 18 years of age by the 15th December, 2006. The duration of CA constituted pursuant to Article 63(1) is specified in Article 64. Article 82 holds that the function of CA shall terminate from the day the Constitution approved by it is brought into commencement. 15. The CA constituted pursuant to Article 63 is not a legislature that would be constituted in every 4 or 5 years that gets continuity. The Constituent Assembly is constituted only for drafting a republican Constitution of a democratic federal structure so as to translate the popular movement of 2006 into reality. The Constitution shall be written within the duration stipulated in Article 64 and the function of CA shall terminate from the day the Constitution approved by it comes commencement, as laid down by Article 82. Moreover, the Interim Constitution lacks a provision for another election for the Constituent Assembly and the election of Constituent Assembly has already been conducted. Therefore, the provisions of Electoral Rolls Act, 2006 may be incongruent 13. The legislature parliament of Nepal is sovereign. However, since it is a creature of Interim Constitution of Nepal, 2007, it cannot formulate laws against its creator, or contradicting with the Constitution itself. Stating in Constitutional terms, the legislatureparliament is sovereign and supreme in framing laws. However, due to the provision of Article 1 of the Constitution, Nepal has Constitutional supremacy rather than parliamentar y supremacy. Therefore, legislature parliament may formulate legislation subject to the limitations of Constitution. In case any law framed by the legislature parliament is inconsistent with the Constitution, then this 38 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION