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A quest of belonging - citizenship in Nepal

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This article examines the the citizenship acts, laws in Nepal with their timeline.

2006: Interim Constitution of Nepal, 2006 allowed the granting of citizenship "by birth" to those who were born within the borders of Nepal and settled in Nepal till mid-April 1990. In the case of a child born to a Nepali woman citizen married to a foreign national, if the child has been residing in Nepal permanently and has not obtained foreign citizenship, the person can obtain neutralized citizenship in accordance with federal law. 

FIRST AMENDMENT ORDINANCE

2021 May 23: KP Oli government recommended the issuance of the Nepal Citizenship (First Amendment) Ordinance 2021 to the president. According to the ordinance, the children of couples who received citizenship in Nepal before September 20, 2015 would be issued citizenship by descent. It also said children of Nepali mothers will be entitled to citizenship by descent if fathers’ whereabouts are unknown.

2021 May: President Bhandari issued an ordinance to amend the Nepal Citizenship Act. 

2021 June: Supreme court orders not to enforce citizenship ordinance. (link)

FIRST AMENDMENT BILL

2022 July: Both Houses of Parliament passed the "Nepal Citizenship (First Amendment) Bill" and sent to President Bidya Devi Bhandari for ratification.

2022 Aug: President sent the bill back to the Lower House with 15 ‘concerns and suggestions’ for review.

2022 Sep 5: Both house passed the bill again as it is and Speaker Agni Prasad Sapkota re-certified the amendment bill and sent it to president for authentication.

2022 Sep 20: President Bidya Devi Bhandari refused to sign within 15 days deadline on the bill to amend the Nepal Citizenship Act, which was endorsed twice by both the houses of Parliament.

2023 May 26: Cabinet meeting decided to request the new president to authenticate the bill.

2023 May 31: President Ram Chandra Paudel authenticated the bill "to amend the Nepal Citizenship Act, 2063". 

2023 June 2: The Home Ministry issued a circular to all district administration offices to distribute citizenship as per the newly amended Citizenship Act.  

2023 June 4: Supreme court issued a short-term interim order to not to immediately implement the new Citizenship Act. The bench of Justice Manoj Kumar Sharma gave this verdict on the writ petition filed by Surendra Bhandari and Bal Krishna Neupane and others against authentication of the Citizenship Bill. 

2023 June 21: Supreme court dismissed the earlier order of June 4. The joint bench of Justice Ananda Mohan Bhattarai and Justice Kumar Regmi decided to not continue the interim order to stop implemented newly signed law.


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