Unit:Five
Lesson: Eleven
Citizen Identity and Citizenship
Somebody, who is a legal resident of state, is called a citizen. A citizen can enjoy the right; granted by the state and fulfill the duty towards the state as well. The legal status of being a citizen of a country is called citizenship. The citizenship is the evidence of identity of citizen given by the state. This is the lawful base of identity. Citizenship can be acquired by two bases: on the basis of descent or blood relation and on the basis of birth or land Citizenship is different than nationality. The status of belonging to a particular nation by origin, birth, or naturalization is called nationality.
Difference between Nationality and Citizenship
Nationality | Citizenship |
---|---|
It is emotional relationship with the state. | It is legal relationship with the state. |
It is permanent in nature and cannot be quitted. | It is temporary in nature and can be quitted. |
It adopts the collective concept. | It adopts the individual concept. |
It remains even residing in foreign country. | It can be acquired by residing in the state |
It is a widespread concept. | It is a limited concept. |
Concept of Citizenship
There are various assumptions regarding the citizenship. It depends on the policy determined by the state. The citizenship by birth denotes the acquisition of citizenship based on the geography where one has been born. Similarly, the citizenship by descent denotes the acquisition of citizenship based on the ancestral background. Some countries make the provision even of dual citizenship and some countries grant honorary citizenship to the renowned citizen of other country. The state of being without citizenship is also an assumption regarding the citizenship. In some places, the identity is also given as second class citizen. In such condition, an individual may be deprived from the rights, services and facilities provided by the state.
The Constitution of Nepal has declared not to avoid to any Nepali citizen getting citizenship. It has further declared to provide single federal citizenship with provincial identity. The constitution of Nepal has made clear provision to provide four types of citizenship. They are given below with required provisions:
Citizenship based on Descent and with Gender Identity (Citizenship by Descent)
- Every Nepali citizen may acquire citizenship by decent in the name of his/her mother or father.
- The child born from the couple who have acquired citizenship on the basis of naturalization and have been living in Nepal.
- The child born from the parents having citizenship on the basis of naturalization
- A person born from a woman who is a citizen of Nepal but the father’s identity is unknown.
Citizenship on the basis of Naturalization (Naturalized Citizenship)
- A child born in Nepal from a woman of Nepali citizen has resided in Nepal and whose father is not traced shall be provided with the citizenship of Nepal by descent. But the citizenship of such person shall be converted into naturalized citizenship if his/her father is found to be foreign citizen.
- A foreign woman who has a matrimonial relationship with a citizen of Nepal may, if she so wishes, acquire the naturalized citizenship of Nepal as provided for in the federal law.
- A person born from a Nepali women married to a foreigner and living in Nepal permanently shall get naturalized citizenship.
Honorary Citizenship
Government of Nepal grants the honorary citizenship of Nepal to the internationally renowned foreign person who has worked for the welfare of Nepal and Nepali citizens. The honorary citizenship has been granted to Dr. Toni Hagen of Switzerland and Sir Edmund Hillary of New Zealand.
NRN (Non-Resident Nepalese) Citizenship
Those Nepali citizens who have got citizenship of other countries and living in a country other than a member of the SAARC, may be granted the Non- Residential Citizenship.
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