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
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