How correct is Sitaula about citizenship and elections?

Bhrikuti Rai / December 12, 2016

Nepali Congress leader Krishna Sitaula.                            Photo: Youtube

Speaking on the talk show “Issue of the day” aired on News24 television channel on November 29, Nepali Congress leader Krishna Prasad Sitaula made the following claims about citizenship and elections.

1. The tenure of this parliament is only until Magh 7, 2074 (January, 2018) and the tenure cannot be extended. Thus the election has to take place by next year.
2. For a foreign woman married to a Nepali citizen, there is a provision [in the constitution] to obtain naturalized citizenship. This provision is not a new thing because there was a similar provision during the Panchyat era also.

South Asia Check has examined the claims.

1. The tenure of this parliament is only until Magh 7, 2074 (January, 2018) and the tenure cannot be extended. Thus the election has to take place by next year.

Under the transitional provisions mentioned in Part 33 of the Constitution, Article 296 (1) states, “The Constituent Assembly existing at the time of commencement of this Constitution shall ipso facto be converted into the Legislature-Parliament after the commencement of this Constitution, and the term of such Legislature Parliament shall exist until Magh 7, 2074.”

However, the article states nothing relating to the extension of the parliament’s term if elections for a new House of Representatives are not held by Magh 7, 2074.

Amendment to the Constitution is mentioned in Part 31 of the Constitution. Article 274 (1) states that “No amendment shall be made to this Constitution in manner to be prejudicial to the sovereignty, territorial integrity, independence of Nepal and sovereignty vested in the people.” The same article also states, “Subject to clause (1) and other Articles of this Constitution, a Bill to amend or repeal any Article of this Constitution may be introduced in either House of the Federal Parliament”.

This article allows parties to amend anything in the constitution including the term of the current parliament. But again, for forming the federal parliament mentioned in the constitution, local and provincial elections need to be held. So constitutionally it is difficult for the parties to escape the elections.

2. For a foreign woman married to a Nepali citizen, there is a provision [in the constitution] to obtain naturalized citizenship. This provision is not a new thing because there was a similar provision during the Panchayat era also.

During the Panchayat era, there was a provision for a foreign woman married to a Nepali citizen to acquire Nepali citizenship, however the provision didn’t specify if the citizenship thus granted to the woman is naturalized. However, the new constitution states that a foreign woman married to a Nepali citizen can get a naturalized citizenship. Therefore, Sitaula’s claim about naturalized citizenship provision of the Panchayat era is incorrect.

See also: http://southasiacheck.org/fact-check/constitution-wont-be-defunct-even-if-the-elections-deadline-is-missed/

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