Preliminary
Core definitions and constitutional fundamentals that set the legal frame for the entire document.
Article 10. Not to Deprive of Citizenship
- (1)No citizen of Nepal shall be deprived of the right to obtain citizenship.
- (2)Provision of single federal citizenship with provincial identity has been made in Nepal.
Article 11. To be Citizens of Nepal
- (1)The persons who have obtained the citizenship of Nepal at the time of commencement of this Constitution and who are qualified to obtain citizenship in accordance with this Part shall be the citizens of Nepal.
- (2)The following person who has his or her permanent domicile in Nepal at the time of commencement of this Constitution shall be the citizen of Nepal by descent:-
- (a)A person who has obtained the citizenship of Nepal by descent prior to the commencement of this Constitution;
- (b)A person whose father or mother was a citizen of Nepal at the time of his or her birth.
- (3)A child of a citizen having obtained the citizenship of Nepal by virtue of birth prior to the commencement of this Constitution shall, upon attaining the age of majority, acquire the citizenship of Nepal by descent in case the child's father and mother both are citizens of Nepal.
- (4)Every minor who is found within Nepal and the whereabouts of whose father and mother are not known shall, until the father or the mother of the child is traced, be a citizen of Nepal by descent.
- (5)A person who is born in Nepal to a woman who is a citizen of Nepal and has resided in Nepal and whose father is not traced shall be provided with the citizenship of Nepal by descent.
Provided that in case his or her father is held to be a foreign citizen, the citizenship of such person shall be converted into naturalized citizenship as provided for in the federal law. www.lawcommission.gov.np
- (6)A foreign woman who has a matrimonial relationship with a citizen of
Nepal may, in case she so desires, acquire the naturalized citizenship of Nepal as provided for in the federal law.
- (7)Notwithstanding anything contained elsewhere in this Article, in the case of a person born to a woman who is a citizen of Nepal and married to a foreign citizen, the person may acquire the naturalized citizenship of Nepal in accordance with the federal law in case he or she has permanently resided in Nepal and has not acquired the citizenship of a foreign country.
Provided that in case such person's mother and father both are citizens of Nepal at the time of acquisition of citizenship, such person born in Nepal may acquire the citizenship of Nepal by descent.
- (8)In the cases other than those referred to in this Article, the Government of
Nepal may, in accordance with the federal law, grant the naturalized citizenship of Nepal.
- (9)The Government of Nepal may, in accordance with the federal law, grant the honorary citizenship of Nepal.
- (10)Whenever any territory is acquired by way of incorporation into Nepal, a person having his or her domicile within such territory shall, subject to the federal law, become a citizen of Nepal.
Article 12. Citizenship based on Descent along with Gender Identity
A person who is entitled to obtain the citizenship of Nepal by descent in accordance with this Constitution may obtain a certificate of citizenship of Nepal with gender identity by the name of his or her mother or father.