Do not implement the Citizenship Act: Supreme Court

The Supreme Court has issued an interim order not to immediately implement the Citizenship Bill approved by the President.

A single bench of Judge Manoj Kumar Sharma heard the case and issued a short-term interim order to the government not to immediately implement the Citizenship Act, which was approved by President Ramchandra Paudel.

The Supreme Court has called both sides for further discussion. The government has already published the Citizenship Act in the Gazette.

Last Thursday, senior advocates Dr. Surendra Bhandari and Balkrishna Neupane filed separate writs in the Supreme Court. After President Paudel certified the ‘controversial’ citizenship bill on Wednesday, a writ was filed in the court. In the writ, President Paudel and Sheetal Niwas have been made opponents.

Earlier, the then President Bidhya Devi Bhandari returned the bill, which was passed by both houses of the Federal Parliament and sent for verification, with a 15-point message. But after that, the then Congress-Maoist coalition decided to pass it through the Parliament without amending any of the points, and after it was passed by the majority, the bill was stuck in the President’s office.

After President Poudel approved the bill that was returned to the previous federal parliament, major opposition parties are protesting against the bill.

What is the new provision in the Citizenship Bill?

The controversial Citizenship Bill has been passed by President Paudel. Controversy has increased between the political parties because the bill returned by the former president was passed by bypassing the parliament. UML has said that it is not natural for the bill to be passed in violation of parliamentary dignity during the Prime Minister’s visit to India by including outdated and erroneous provision.

According to the Citizenship Bill passed by President Paudel, the children of the first born will get the citizenship of the descendants.

In the same way, the bill also includes provisions for citizenship in the mother’s name after self-declaration and for non-resident Nepalese to obtain citizenship.

With the approval of this bill, now the children of the birth parents will get the citizenship of the descendants. Now, a person who was born in Nepal to a Nepali mother and settled here, but whose father is not identified, will get citizenship under mother’s name if he declared.

The bill also provides for foreign women who marry Nepali men to get naturalized citizenship immediately.

In the same way, the path has been opened for non-resident Nepalese to get citizenship, so that they can exercise rights other than political and administrative.

Q

UML’s disagreement with the Citizenship Bill

The main opposition CPN-UML expressed its disagreement with the certification of the Citizenship Bill.

CPN-UML General Secretary Shankar Pokharel has given an explanation after a confusion been created on the UML’s objection about the citizenship bill and about the ordinance that UML was trying to put forward .

While giving an explanation, he said that his party believes that at least the same system should be maintained between India and Nepal in terms of Matrimonial adoption. He said that the current provision in India is that citizenship is acquired within 7 years of marriage and in Nepal, citizenship is acquired immediately after marriage.

Similarly, he said that the constitution provides for the citizenship system to reveal the territorial identity, but it is not included in the current bill. Similarly, he has said that his party disagrees with the bill because it has ignored the parliamentary process.

He also said that it is not a natural process to prove the flawed and incomplete bill without entering into the parliament and without entering into the serious questions raised constitutionally by the former president.
He also said that the old inactive bill passed through the backdoor on the event of PM’s visit to India is not a naturally driven process.

Case against the President’s action in the bench of Justice Fuyal

A writ petition against the President’s action, which was registered in the Supreme Court for not validating the Citizenship Bill, has been submitted to the bench of Justice Hari Phuyal.

Five cases have been filed in the Supreme Court against President Bidya Devi Bhandari for not fulfilling her constitutional obligations. The writs, which have been filed together, have been placed at number 8 of Phuyal’s bench.

The petition filed by Advocate Sunilranjan Singh and Advocate Sagar Baral, Sunil Kumar Yadav, Dev Sharma and Sonu Rauniar has been filed together. In their registered petition, they demanded that a writ should be issued by the Supreme Court in the name of the President to validate the bill.

Petition filed in Court against the President’s move

A writ has been registered in the Supreme Court against President Bidya Devi Bhandari, saying that she violated the Constitution by not validating the Citizenship Bill.

Advocate Sunil Ranjan Singh has made the office of the President an opposition in the petition, demanding to verify the citizenship bill.

Stating that President Bhandari did not certify the Citizenship Bill as per the constitutional provision, Singh has demanded to rule out the decision of the President and issue an order to verify the bill.

President Bhandari didn’t ratify the citizenship bill

The Citizenship Bill sent by the Parliament to President Bidhya Devi Bhandari has not been verified for the second time either.

After the bill passed by the Parliament for the second time, the time to verify the Citizenship Bill, submitted to the President through the Speaker, has exceeded 15 days on Tuesday night at 12:00. There is a constitutional provision that the President must verify the bill coming for re-verification within 15 days.

The Citizenship Bill, which was sent for verification for the first time, was returned to Parliament for reconsideration by President Bidhya Devi Bhandari. The returned Citizenship Bill passed without any amendment, was actually sent to the President’s Office for re-certification for the second time and even could not be verified after exceeding the time limit.

A source close to the President said, “According to the Constitution, the President is the protector of the Constitution. So the President should be responsible, even for every full stop and commas of the Constitution. The constitution has not given the right to the top leaders of the alliance to decide on the bill sitting on Baluwatar, which the president actually sent to the parliament for reconsideration and the provisions of the bill were not reconsidered even though they were suggested to be corrected by referring to the clauses that were against the constitution.So, the President might have exercised her rights to protect the Constitution in respect of the Bill.”

The returned Citizenship Bill in today’s Parliament session

The 55th meeting under the House of Representatives’ eleventh session is today at 11 am.


According to the Secretariat of the Parliament, the matter of informing about the Citizenship Bill, which was returned with a message from the President, has been included in today’s Parliament meeting agenda.

In the first number of the possible agenda of today’s meeting of the House of Representatives, it is mentioned that the Secretary of the House of Representatives will inform regarding the return of the Citizenship Bill with a message for reconsideration from the Honorable President.

Full text of the Citizenship Bill with a return message from the President:

Citizenship Bill passed by the National Assembly

The Nepal Citizenship (First Amendment) Bill, 2079 has also been passed by the National Assembly.

The Citizenship (First Amendment) Bill, 2079 was passed by the majority of the parliamentarians present in the National Assembly after the discussion held on Thursday. The Speaker of the National Assembly Ganesh Prasad Timilsina announced that the bill was passed by the majority.

The Citizenship Bill passed by the National Assembly will now be sent by the National Assembly to the House of Representatives and the House of Representatives will send it to the President. It will come into effect after the President authenticates it and publishes it in the Gazette.

Protest against PM Deuba: Demand to withdraw the citizenship bill

At the program of the National Vibhuti Bhimsen Thapa Memorial Foundation attended by Prime Minister Sher Bahadur Deuba, slogans were raised demanding the repeal of the Citizenship Bill.

Slogans were raised against Prime Minister Sher Bahadur Deuba in a program organized by the Rastriya Bibhuti Bhimsen Thapa Memorial Foundation at Pragya Bhawan in Kamaladi. When Prime Minister Deuba was about to get on the stage to give his speech, a group of people present there chanted slogans against the Citizenship Bill, MCC and Sher Bahadur Deuba, demanding to protect the Nation.

After the incident, security personnel escorted Prime Minister Deuba to the stage, while the police escorted the protestors out of the venue.

Government preparing to amend the Citizenship Bill


The government is preparing to move a new bill by amending the Nepal Citizenship Act, 2063 BS.

A bill to amend the Nepal Citizenship Act, 2063 BS has been in the Parliament since 7 August 2018. To take this forward, Home Minister Bal Krishna and Minister for Law, Justice and Parliamentary Affairs Govinda Bandi have held discussions with the ruling coalition partner CPN-Maoist Central Committee Chairman Pushpa Kamal Dahal (Prachanda).

There is a controversy in the Citizenship Bill over whether to grant naturalized citizenship immediately after marriage or only after a certain period to foreign nationals who come after marrying a Nepali citizen.

It is learned that some of the bills brought by the then KP Sharma Oli-led government need to be amended and consensus among the ruling parties is needed to discuss the technical issues of the bill .

According to the Federal Parliament Secretariat, there are currently 57 bills in the parliament. The government seems to be preparing to move forward by amending the provisions of the bills in the parliament at once.