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How to proceed the case to get citizenship of person, those mother or father have citizenship by birth (Step by Step)

The person, whose father or mother have citizenship by birth of Nepal, has been seeking to obtain Citizenship of Nepal. They can not get citizenship due to lack of legal provision. 

Some stateless people want to acquire citizenship, and some people has urgency of Citizenship card. For many purpose such as;

to get admission in the technical education or higher education,

to apply for education in a abroad,

to open a bank account,

to apply for a job etc.

But, they can not grab those opportunity, because of mandatory requirement of citizenship.

In this condition, he/she has only one way to obtain citizenship. They have to file an writ petition in the Supreme Court or High Courts. After court order s/he can get citizenship of Nepal.

In this article, I covered the question; How do you proceed the case for citizenship, the person those mother or father have citizenship by birth?

Content

Constitutional provision of citizenship for the person, those mother or father have citizenship by birth.

Legal situation or lack of legal provision

Main issue or problem

Preparation for case file

Collect proof or required document

Proceeding for Case filing in the Court

After court decision

Conclusion

Constitutional provision of citizenship for the person, those mother or father have citizenship by birth. 

The constitution of Nepal has guaranteed the right to citizenship and rights to nationality. It has provided that no Nepali citizen denied the right to acquire citizenship. Every Nepali citizen can get a federal citizenship with provincial identity.

According to article 11(3) of the constitution of Nepal, a child of a citizen who has acquired citizenship of Nepal by birth, shall be entitled to Nepali citizenship by descent. If his/her father and mother both are the citizens of Nepal, when he/she attains the age of sixteen year.

Legal situation or lack of legal provision

As per constitutional provision, the Citizenship Act, 2063 and regulation did not amend. There is not make any new act with accomplice with new constitution. Instead the Citizenship amendment bill has submitted in the parliament of Nepal.

Main issue or problem

Constitution is not bar for citizenship. Due to legal and technical complexities, the issue of citizenship has been escalating.

Preparation for case file

First of all, the you must fill-up citizenship form. Generally, citizenship form can get from Children’s home. He/she should go to get recommendation at the ward office of local body.

If the ward office does not recommend for citizenship, You need to register an application before the District Administration Office, demanding for give appropriate direction to the ward office.

If District Administration also do not take any action, neither give any direction nor issue citizenship certificate.

For the last way, you have to file an writ petition in the Supreme Court of related High Court.

Collect proof or required document

The following document or evidence necessary for filing the writ petition;

  • Filled up Citizenship form,
  • Denial reason of Ward office (Rural Municipality or Municipality or Metropolitan city),
  • Application photocopy, which already registered in the District Administration Office, and registered number (if possible),
  • Citizenship certificate of Mother and Father,
  • Birth registration Certificate,
  • Academic certificate, if you have,

Additional;

If you demanding for stay order, you need to collect some additional evidence. The evidence or document, which clear indicate that citizenship certificate is compulsory for this act.

Proceeding for Case filing in the Court

  • Fire a lawyer,
  • Prepare writ petition by lawyer,
  • File writ petition in the court,
  • Pleading and hearing case,
  • Final hearing and decided.

After court decision

After receiving court verdict, you can proceed to obtain citizenship in normal process.

Conclusion

The filing writ petition is the last resort for obtaining the citizenship certificate. If your mother and father both is Nepali citizen, they have citizenship certificate. Then you have right to acquire citizenship certificate by descent.

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