of the concerned district. His/her duties, functions and powers are prescribed in Local Administration Act as well as in the respective laws. At the centre, the council of ministers headed by Prime Minister runs the general administration of country by exercising the executive power whereas at the district level, the Chief District Officer runs the district administration by exercising the powers conferred by the relevant laws. Chief District Officer, thus, is the administrative head of a decentralized administration. 9. matter of facing hardships in obtaining citizenship certificate is not acceptable. However, it has been obvious from this writ petition that such a condition exists. 11. Upon examining the written responses of respondents, it seems that the Government of Nepal and Chief District Officer are ignorant about the constitutional and legal provisions as regard to the conditions of becoming a Nepali citizen and obtaining Nepali citizenship certificate. Reviewing the responses of the Government of Nepal and Chief District Officer it seems that they are guided by male dominated evil tradition and evil practices. Examining the constitutional and legal provisions of obtaining citizenship, it is clear that any person born in Nepal either of whose father or mother was a Nepali citizen at his birth, shall be eligible for obtaining Nepali citizenship certificate. It is not necessary that his/her father has to be traced out. Article 8 of the Interim Constitution of Nepal, 2007 stipulates that “At the commencement of this Constitution any person who has his or her permanent domicile in Nepal and whose father or mother was a citizen of Nepal at his or her birth shall be deemed to be the citizen of Nepal by descent.” Article 8(2) (b) has not provided father and mother but rather father or mother. In Article 8(2) (b) there is no use of ‘and’ after father but there is the use of ‘or’. If there had been use of ‘and’ after father instead of ‘or’ Nepali citizenship certificate could have not been obtained by the person whose father had not been traced out. However, the Constitution has clearly provided “father or mother” and therefore, a person can obtain Nepali citizenship even if only one of his/ her parents is a Nepali citizen. Therefore, the respondents have given wrong meaning and made misinterpretation of the clear provision of Constitution by denying citizenship certificate to the petitioner. Chief District Officer, exercises executive/ administrative power apart from some quasijudicial powers to hear cases provided to him/ her exceptionally. While going through the Local Administration Act, 1971 and Nepal Citizenship Act, 2006, the Chief District Officer performs the different functions ranging from maintaining law and order in the district to the works for the welfare of the people. From among these powers and duties of Chief District Officer, the duty and power to issue Nepali citizenship certificates to the Nepali citizens eligible to obtain it has crucial importance. 10. According to the above mentioned constitutional and statutory provisions, a person born from the parents who are Nepali citizens and born within the territory of Nepal, has the right to obtain Nepali citizenship certificate from the district where he/she was born. Citizenship certificate is essential for every individual. None can enjoy political rights of the country unless he/she is the citizen of that country. He /She is not identified as a citizen of that country in absence of citizenship certificate. Without citizenship certificate no one can acquire immovable property, participate in elections, cast votes or use any other right conferred only to Nepali citizens. The Interim Constitution of Nepal, 2007 and Nepal Citizenship Act, 2006 have clearly specified the person born in Nepal at what condition is eligible for obtaining Nepali citizenship and Nepali citizenship certificate is to be issued to the person situated in what condition after fulfilling what type of procedure. Since Nepal is a welfare state, it is the right of every person to acquire citizenship certificate in a easy and simple manner upon filing an application in the format prescribed by law and fulfilling necessary procedure after attaining qualification required for obtaining Nepali citizenship certificate by birth in Nepal. No citizen can be deprived from obtaining citizenship from wrong reasoning or wrong interpretation of law made by prescribed officer due to his/her ignorance about Constitution, laws and covenants on Human Rights. The 12. Interim Constitution of Nepal, 2007 has conferred the mother an equal right and place with father as regard to Nepali citizenship. Article 13 of the Interim Constitution of Nepal, 2007 has provided the right to equality. Article 13(1) provides that all citizens shall be equal in the eyes of law, and 13(2) has prohibited in making discrimination on application of general laws on ground of sex. Article 20(1) has barred from making discrimination of any kind against women by virtue of being woman. The rights to equal treatment for woman with man and prohibition on discrimination of any kind against women by virtue of being women have been guaranteed as fundamental right. In 51 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents