ACKNOWLEDGEMENT
Citizenship certificate and birth registration are considered the most significant legal identity documents
in Nepal. The Constitution of Nepal guarantees the right to citizenship to all citizens of Nepal whereas the
Nepal Citizenship Act entitles only to Nepali citizens who have reached the age of 16, the right to obtain
citizenship certificates. The citizenship certificate, apart from being a significant legal document is also
required to obtain other vital legal identity documents in Nepal. Without citizenship certificates, individuals
cannot register on voters’ list, register marriage or birth, buy or sell land, appear in professional exam, open
bank account and so forth. Citizenship certificate is equally mandatory to claim social benefits and state
allowances. Consequently, lacking a birth certificate and citizenship certificate presents critical challenges
in all aspect of a person’s day to day life in Nepal.
Birth registration has been recognised by the Constitution as a fundamental right, and is a principle
document and evidence when applying for the citizenship certificate in Nepal. Initiatives have been
taken by the Government of Nepal to ease the vital events registration process by amending vital events
registration laws that previously contained several gaps and limitations. This was a commendable task of
the government that correspondingly manifested the need of flexibility of laws as per the changing scenario.
The Supreme Court of Nepal is the court of record which has the final authority to interpret the constitution
and laws. Disregard of the legal principle laid down by the Supreme Court amounts to contempt. The right
to Citizenship, unrecognized as a right by the former constitution has been acknowledged, conceded and
defined by the Supreme Court as a fundamental right in several rulings. Consequently, discourtesy and
denial of citizenship right to eligible persons by the concerned authority ipso facto creates substantial
grounds for the applicant to file a Public Interest Litigation (PIL) in the court and seek remedy invoking the
extraordinary jurisdiction of the Court.
In citizenship cases, a PIL is normally filed in the court against the Municipalities, Ward Office, District
Administration Office, Ministry of Home Affairs and/or Office of the Prime Minister. The Supreme Court
has rendered many landmark judgments and set noteworthy precedents with regard to citizenship, where
the concerned offices were issued directive orders to provide citizenship to the applicants. Furthermore, the
Ministry of Home Affairs has also issued circulars in order to implement the decisions of the Supreme Court
and laws on citizenship in a similar fashion. However, the implementation of the judgment and precedent
rendered by the Court has benefited the concerned applicants only, while the doctrine of precedent that
proclaims the lower court to take account and follow the decisions laid down by the Supreme Court in cases
where the material facts are similar, has often not been considered by the lower courts and decision makers
at the Municipality, Ward and District level.