of constituting a legislature through free and fair elections has been enshrined. Thus, Article 65(a) of the Interim Constitution of Nepal, 2007 has laid down that one has to be a Nepali citizen to become a member of Constituent Assembly so that the people may own the government formed after the constitution of the legislature through such elections. the European Parliament in his or her member State country of residence. Section 3 of the Charter of Rights and Freedoms, Canada also has granted voting rights exclusively for its own citizens. 9. Apart from the above ICCPR and provision adopted by the 154th session of Inter Parliamentary Council ( I.P.C.), it is expedient to observe the provisions made by other Regional Instruments as well. In this sense the Copenhagen Document which is endorsed by the Conference on Security and Cooperation in Europe (Document of the Copenhagen Meeting of the Conference on the Human Dimension of 29th June, 1990) is worthy to be mentioned. The 9 point declaration ratified by CSCE countries has also adopted a significant point to the effect that only a citizen shall occupy a political or public office. The 5th point of this Declaration reads: Respect to the right of citizens to seek political or public office individually or as representatives of political parties or organizations without discrimination. A book written by Guy S. Goodwill and published by Inter Parliamentary Union by the name of Free and Fair Elections: International Law and Practice has also elaborated in which countries election is compulsory. In this course, it reads that: Formal Constitutional or statutory recognition of the citizen’s right to vote is common to most States and plays both a substantive and confidence building role: a few countries make voting compulsory, with respect to parliamentary elections, most States lay down citizenship age and residency requirements. 8. In United States of America, for becoming a candidate of the legislature, exercising voting, holding a public office and becoming a member of jury one must be a citizen. Non citizens cannot exercise these rights. In America a citizen has to pay taxes as per his or her income and has to comply with the Acts and laws. In America the right to voting is regarded as the greatest right of citizens. Even the non-citizens/foreigners may apply for naturalized citizenship of the United States after fulfilling statutory requirements. Once the application is approved and all the procedures are met, he or she is made to take an oath of allegiance after which one shall become a naturalized citizen of US. Then the citizenship of US is issued and only afterwards he or she is allowed to cast vote, stand in polls, be appointed in public office and to participate in the process of formation of government. 10. Upon observing the legal provisions of the various States and of the Regional Instruments it has been obvious that Civil and Political rights are entrusted only to the citizens. In the absence of the citizenship certificate that identifies someone as a citizen; voting rights cannot be granted from any of other documents that would otherwise establish that a particular person has been residing at a specific country for a long time. That residential certificate or the qualification to obtain citizenship certificate cannot substitute or replace the citizenship certificate. Only the citizenry is endowed with the exercise of civil and political rights. A citizenship certificate is essential to exercise such privileges. Not only citizenship but residency or permanent domicile also matters necessarily in a parliamentary election. It is so because despite being a citizen, if one has been staying abroad for a long time would not have acquainted with the needs of nation, aspiration of people and latest developments of the country. In case of been staying abroad for long, he or she cannot represent in a true sense. Hence, not only citizenship but residency also is required. In the Human Rights 363 Application 7566/76 Decisions and Reports of Sieghart, the European Commission on Human Rights has added the requirement of residency apart from citizenship. 11. Citizens of any country enjoy the civil and political rights but aliens cannot enjoy such rights. Likewise, there is difference between a national and a citizen. A national may not be ipso facto a citizen but a citizen is invariably a national. Hyde in the 2nd edition of International Law writes that: It follows that all the nationals of a State are not its citizens though all aliens of a State must be its nationals. According to British Nationality Act, 1981, the citizens of any territory under the colony or protectorate of Britain are its nationals. However, they are not deemed to be the British nationals who exercise political rights. Looking at the American context, the United States Nationality Act has mentioned Art. 8 b(2), Article F, Title 1, Chapter 2 of the Maastricht Treaty reads: European Citizen is also entitled to vote and stand as candidate for 37 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION