Nepal Citizenship Act 2063 and the 2080 Amendment
Exam Snapshot
The Nepal Citizenship Act, 2063, amended extensively by the First Amendment Act of 2080, regulates the acquisition, termination, and re-acquisition of Nepali citizenship. Key changes address children of citizenship-by-birth holders, maternal descent self-declaration, and the long-awaited introduction of Non-Resident Nepali (NRN) citizenship.
Core Concept
- Citizenship by Descent: Granted to individuals born to a Nepali citizen mother or father. The amendment permits children of citizens by birth (जन्मसिद्ध) to obtain descent citizenship once they reach majority.
- Maternal Descent with Unidentified Father: A child born in Nepal to a Nepali mother whose father is unidentified can obtain citizenship by descent, provided they submit a self-declaration (स्वघोषणा). If the father is later found to be foreign, this changes to naturalized citizenship.
- Naturalized Citizenship: Granted to foreign nationals based on legal residence, matrimonial ties, or exceptional service. A foreign woman married to a Nepali citizen can apply for matrimonial naturalization upon submitting her marriage certificate and proof of initiating the renunciation of her foreign citizenship.
- Non-Resident Nepali (NRN) Citizenship: Granted under Article 14 of the Constitution to persons of Nepali origin residing outside SAARC nations. It provides economic, social, and cultural rights but strictly denies political rights (such as voting, holding public office, or entering civil services).
Nepal Law Anchors
- Article 11, Constitution of Nepal: Provisions governing citizenship by descent, birth, and naturalization.
- Article 14, Constitution of Nepal: Constitutional basis for Non-Resident Nepali (NRN) citizenship.
- Section 3, Nepal Citizenship Act, 2063: Rules on acquiring citizenship by descent.
- Section 5, Nepal Citizenship Act, 2063: Eligibility and process for naturalized citizenship.
- Section 7A, Nepal Citizenship Act, 2063 (Inserted by 2080 Amendment): Specific conditions and rights associated with NRN citizenship.
Confusable Terms
| Term | Citizen by Descent | Naturalized Citizen | NRN Citizen |
|---|---|---|---|
| Eligibility | Parents must be Nepali citizens (including those by birth under the new amendment). | Foreigners with matrimonial ties, residency, or contribution. | Persons of Nepali origin living outside SAARC nations. |
| Political Rights | Fully entitled to all rights (voting, holding any office). | Entitled to voting and most offices (except highest constitutional posts like President, PM). | No political rights (cannot vote, run for office, or join civil service). |
| Dual Nationality | Strictly prohibited; automatically lost upon acquiring foreign citizenship. | Strictly prohibited; must initiate renunciation of previous citizenship. | Permitted to hold foreign passport alongside NRN certificate. |
MCQ Traps
- The SAARC Trap: Naturalized citizenship and NRN citizenship are distinct. NRN citizenship is ONLY for those residing outside SAARC countries (excluding South Asian Association for Regional Cooperation nations).
- The Self-Declaration Trap: For children of a Nepali mother and an unidentified father to obtain descent citizenship, a self-declaration must be submitted. If the father is later identified as a foreigner, the descent citizenship is converted to naturalized citizenship, not completely voided unless fraudulent.
- Constitutional Bar Trap: A naturalized citizen can never hold high offices such as President, Prime Minister, Chief Justice, Speaker of the House of Representatives, or Chief of Army Staff (Article 289 of the Constitution).
Example
Consider Ram, whose parents acquired citizenship by birth (जन्मसिद्ध नागरिकता) under the special provisions of the 2063 Act. Under the old system, Ram could not obtain citizenship by descent. With the passage of the 2080 Amendment Act, Ram can now acquire citizenship by descent upon submitting proof of his parents' citizenship.
Similarly, Sita, a former Nepali citizen who acquired US citizenship, can apply for an NRN Citizenship Certificate under Section 7A. This will allow her to own property and run businesses in Nepal, but she will not be allowed to vote in Nepali elections.
Memory Hook
"NRN gives Economic, Cultural, and Social (ECS) rights, but absolutely no Voting or Political (VP) power outside SAARC."
Quick Revision
- First Amendment 2080 authenticated on 2080 Jestha 17.
- Children of "Citizenship by Birth" holders can now get "Citizenship by Descent".
- Matrimonial naturalization requires initiating the foreign renunciation process.
- NRN citizenship requires proof of acquiring foreign citizenship outside SAARC.
- Constitutional high offices (Article 289) are strictly reserved for citizens by descent.