today because of the denial by the authorities only
on the ground that the address and identity of her
father has not been traced out.
citizen Ganga Maya who has obtained Nepali
citizenship certificate it has been obvious from the
petition that even her mother has not known about
the father of petitioner.
Going through our constitutional provision
regarding citizenship, Chapter 2 of Interim
Constitution of Nepal, 2007 provides for citizenship.
Article 8(1) of the Constitution has provided that
“At the commencement of this Constitution, the
persons who have acquired the citizenship of Nepal
and who are eligible to acquire the citizenship
shall be the citizens of Nepal. Article 8(2) of the
Interim Constitution of Nepal provides that “At the
commencement of this Constitution, the following
persons who have their permanent domicile in
Nepal shall be deemed to be the citizens of Nepal
by descent:
Here a question has been raised as to whether a
person who has attained the qualifications specified
by constitution and law for becoming a citizen of
can be denied the right to obtain citizenship only
on the ground that his or her father has not been
traced out.
Upon studying the written responses of the
respondents, it is mentioned that though Section
3 (1) of the Act has laid down that a person born at
the time when his/her father or mother is a citizen
of Nepal, shall be a citizen of Nepal by descent, and
as whereabouts of the petitioner’s father has not
been traced and there is no proof that she was born
in Lamidanda VDC of Dolakha district. Therefore,
she has been denied Nepali citizenship certificate.
(a) any person who has acquired citizenship by
descent prior to the commencement of this
Constitution,
(b) any person whose father or mother was a
citizen of Nepal at his or her birth.
Now in this regard, it has to be considered on the
whether or not a person who has attained the
qualifications specified by constitution and law for
obtaining Nepali citizenship of Nepal can be denied
the right to obtain citizenship only on the ground
that his or her father has not been traced out.
Apart from the constitutional provision regarding
citizenship, going through the legal provisions
regarding citizenship, the dissolved House of
Representatives has enacted Act No 25 of the
year 2006, the Nepal Citizenship Act, 2006, which
has been brought into commencement on 26th
November, 2006. Section 3 (1) of the Act has clearly
laid down that: “A person born at the time when his/
her father or mother is a citizen of Nepal, shall be a
citizen of Nepal by descent.”
There is no debate on the fact that the mother of
petitioner is a person who has acquired Nepali
citizenship certificate by descent and that the
petitioner was born in Dolakha District of Nepal
from Ganga Maya who has obtained Nepali
citizenship certificate.
Section 8 of the Act has specified the procedure to
be followed for obtaining citizenship certificate by a
person who is qualified for obtaining it. Pursuant to
the provision of Section 8, a person in order to obtain
Nepali citizenship certificate by descent, he or she
From the above mentioned contents of petition
and the written response of Chief District Officer
of Dolakha, the following two questions have been
raised:
(1) has to attain the age of 16 years,
a)
(2) has to be the descendant of the relatives within
three generations from paternal or maternal or
self side has obtained the citizenship certificate,
Whether the petitioner is a person qualified
enough to obtain Nepali citizenship certificate
or not?
b)
Whether Nepali citizenship certificate can
be obtained from mother’s name in case
whereabouts of his or her father has not been
traced out?
2.
To consider about the first question, the
Interim Constitution of Nepal, 2007 and
Nepal Citizenship Act, 2006 have prescribed
qualification for obtaining Nepali citizenship
whereas the Nepal Citizenship Rules, 2006 have
laid down the procedures for obtaining Nepali
citizenship certificate.
3.
As the petitioner was born in Nepal, she has
completed 18 years of age, her mother has
been a Nepali citizen by descent who has
obtained Nepali citizenship certificate bearing
the No 1353 issued by District Administration
Office, Dolakha, it is hereby established that
(3) the concerned Village Development Committee
or Municipality has to make recommendation
mentioning the place of birth and relationship.
Nepal Citizenship Rules, 2006 has been framed
exercising the power conferred by Section 23 of
the Nepal Citizenship Act, 2006. These Rules have
underlined the procedures for obtaining citizenship
certificate. The Constitution and Act have prescribed
qualification for citizenship whereas the Rules have
laid down the procedures for obtaining Nepali
citizenship certificate. As such, the person qualified
to obtain Nepali citizenship certificate shall have
to submit an application before the official as
prescribed in the format specified in Schedule 1 of
the Rules.
Although the petitioner was born from a Nepali
49
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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