6. Not only the ICCPR but the Declaration on Criteria for Free and Fair Election adopted by the 154th session of Inter Parliamentary Council (IPC) held in Paris on 26th March, 1994 also has laid down that one has to be a citizen first to participate or contend in periodic elections are to be directly appointed in public posts. This Declaration has further postulated that a sustainable and strong government can only be formed through a free and fair election and that government alone can represent the entire citizenry. It has also specified that a person has to be a citizen first to participate or contend in elections as per the following criteria: country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2. Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law. Article 23 of the American Convention on Human Rights also has stipulated a criterion that in order to vote and participate in the elections, one should be a citizen at first. Article 23: Right to Participate in Government 1. Every citizen shall enjoy the following rights and opportunities: 2. Voting and Elections Rights a. to take part in the conduct of public affairs, directly or through freely chosen representatives; (1) Every adult citizen has the right to vote in elections, on a non-discriminatory basis. (2) Every adult citizen has the right to access to an effective, impartial and non-discriminatory procedure for the registration of voters. (3) No eligible citizen shall be denied the right to vote or disqualified from registration as a voter, otherwise than in accordance with objectively verifiable criteria prescribed by law, and provided that such measures are consistent with the State’s obligations under international law. b. to vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters; and c. to have access, under general conditions of equality, to the public service of his country. 2. The law may regulate the exercise of the rights and opportunities referred to in the preceding paragraph only on the basis of age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings. (4) Every individual who is denied the right to vote or to be registered as a voter shall be entitled to appeal to a jurisdiction competent to review such decisions and to correct errors promptly and effectively. Thus, the international conventions pertaining to human rights such as the ICCPR and the regional instruments too have conferred the right to vote and stand in elections of a sovereign State to its nationals only. (5) Every voter has the right to equal and effective access to a polling station in order to exercise his or her right to vote. (6) Every voter is entitled to exercise his or her right equally with others and to have his or her vote accorded equivalent weight to that of others. 7. (7) The right to vote in secret is absolute and shall not be restricted in any manner whatsoever. The above Declaration of Inter Parliamentary Council ( I.P.C.) has adopted the resolution permitting only to the citizen of a State to exercise political rights of that country. Other Regional Human Rights Instruments such as Article 13:1 of the African Charter on Human and People’s Rights has also prescribed citizenship as the first prerequisite to exercise political rights in the following criteria: Article 13 1. Every citizen shall have the right to participate freely in the government of his Free and fair periodic elections are essential for democracy. The protection of fundamental liberties of citizens is possible only under the competitive democratic system and rule of law. Government of any country to be owned by the people as their own government and also for the legitimacy of the government a secret, periodic, free and fair election is expedient. Especially in a parliamentary system, a legislative formed on the basis of free and fair elections through secret ballot and the government constituted from that legislature shall be accountable to both the electorate and the legislature. Only such government has a representative character. Taking into account of these matters, in order to enable the Government of Nepal to acquire a representative character, provision 36 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION