Supreme Court upholds Home Ministry’s decision to grant citizenship by descentThe Supreme Court has paved the way for individuals, whose parents are Nepali citizens by birth, to acquire citizenship by descent.
The Supreme Court has paved the way for individuals, whose parents are Nepali citizens by birth, to acquire citizenship by descent.
Justices Hari Krishna Karki and Bam Kumar Shrestha on Tuesday upheld the Home Ministry’s circular to chief district officers across the country to issue citizenship by descent to the children whose parents are citizens by birth. Last week, the Supreme Court had issued an interim order in response to a writ petition filed by advocate Balkrishna Neupane to not implement the ministry’s decision on citizenship.
Amid uncertainty surrounding the amendment to the Citizenship Act 2006, the Home Ministry on April 2 had issued a circular to all 77 chief district officers across the country, telling them to grant citizenship by descent to those individuals whose parents are citizens by birth.
According to Article 11(3) of the constitution, a child of a citizen having Nepali citizenship by birth shall acquire the citizenship of Nepal by descent if both mother and father are citizens of Nepal.
Despite the provision guaranteeing such individuals their right to citizenship by descent, the district offices had halted processing such applications, following the introduction of Citizenship Act 2006 Amendment Bill in Parliament last August.
“If a person whose parents are citizens by birth applies for citizenship, s/he is entitled to citizenship by descent as per Nepal Citizenship Act 2006, Nepal Citizenship Rules 2006 and Citizenship Certificate Distribution Procedure Directive 2006, and such individuals should be granted citizenship upon completing due procedure,” states the Home Ministry’s circular.