Bhutanese Citizenship Act 1958

The Bhutanese Citizenship Act of 1958, officially the Nationality Law of Bhutan, 1958, is a decree by the Druk Gyalpo King Jigme Dorji Wangchuck, recognizing the definition of a Bhutanese citizen. The Act was amended in 1977 and then superseded by the Citizenship Act of 1985.

The preamble and first two articles of the Act describe its promulgation as a series of changes to the previous nationality law. It also states that King Jigme Dorji Wangchuck promulgated the Act on the advice of royal advisers, the Bhutanese people, and the monastic body. They also define its name and jurisdiction – the Kingdom of Bhutan.

The Act's third article provides Bhutanese citizenship to residents whose fathers are Bhutanese nationals, and to children born anywhere after the enactment of the Act whose fathers are Bhutanese nationals at the time of the child's birth. This provision is an example of a patrilineal jus sanguinis, or blood-based, nationality law. The provisions of this article contain the only statements of citizenship as a matter of right within the Act.

The Act's fourth article provides a framework for two paths of naturalization. Foreigners who have reached the age of majority and are eligible may present a petition to an official appointed by the King and take an oath of loyalty "according to the rules laid down by the official" and be enrolled as a Bhutanese national. Eligibility for naturalization requires applicants be residents of Bhutan for more than ten years and own agricultural land within the kingdom.

Naturalization is also available to wives of Bhutanese nationals who submit a petition and take the oath of loyalty "to the satisfaction of the concerned official," provided that they have reached the age of majority and are otherwise eligible.

Those who have been deprived of, have renounced, or have forfeited Bhutanese nationality cannot become a Bhutanese national again unless the king gives his approval. The provisions of this article illustrate a high degree of discretion, particularly at the administrative level, in granting Bhutanese citizenship.

The Act's fifth article provides the basic process of naturalization as well as further conditions. Foreigners who submit a petition to the King may receive a Bhutanese Nationality Certificate provided they have served satisfactorily in Government service for at least five years in addition to the ten year residency requirement. Once the certificate is received, applicants may take the oath of loyalty "according to rules laid down by the Government" to be enrolled as a Bhutanese national. Applicants may receive a Nationality Certificate provided that in the opinion of the King their conduct and service as a Government servant are satisfactory. The provisions of this article illustrate a high degree of discretion at the highest levels of government in granting Bhutanese citizenship.

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