Constitution of Nepal

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Constitution of Nepal_table_infobox_0

Constitution of NepalConstitution of Nepal_header_cell_0_0_0
Date effectiveConstitution of Nepal_header_cell_0_1_0 September 20, 2015; 5 years ago (2015-09-20)Constitution of Nepal_cell_0_1_1
LocationConstitution of Nepal_header_cell_0_2_0 Constitutional Assembly Secretariat, Singha Durbar, KathmanduConstitution of Nepal_cell_0_2_1
Commissioned byConstitution of Nepal_header_cell_0_3_0 Constituent Assembly Of NepalConstitution of Nepal_cell_0_3_1
PurposeConstitution of Nepal_header_cell_0_4_0 To establish Federalism in NepalConstitution of Nepal_cell_0_4_1

Constitution of Nepal 2015 (Nepali Name:) is the present governing Constitution of Nepal. Constitution of Nepal_sentence_0

Nepal is governed according to the Constitution which came into effect on Sept 20, 2015, replacing the Interim Constitution of 2007. Constitution of Nepal_sentence_1

The constitution of Nepal is divided into 35 parts, 308 Articles and 9 Schedules. Constitution of Nepal_sentence_2

The Constitution was drafted by the Second Constituent Assembly following the failure of the First Constituent Assembly to produce a constitution in its mandated period after the devastating earthquake in April 2015. Constitution of Nepal_sentence_3

The constitution was parties which refrained from the voting process. Constitution of Nepal_sentence_4

Its institutions were put in place in 2010 and 2018 through a series of direct and indirect elections in all governing levels. Constitution of Nepal_sentence_5

Struggles in Promulgating a New Constitution Constitution of Nepal_section_0

The Interim Constitution provided for a Constituent Assembly, which was charged with writing Nepal's temporary constitution. Constitution of Nepal_sentence_6

Under the terms of the Interim Constitution, the new constitution was to be promulgated by April 28, 2010, but the Constituent Assembly postponed the promulgation by a year because of disagreements. Constitution of Nepal_sentence_7

On May 25, 2011, the Supreme Court of Nepal ruled that the 2010 extension of the Interim Constitution was not right. Constitution of Nepal_sentence_8

Since May 29, 2011 the Constituent Assembly repeatedly extended the Interim Constitution. Constitution of Nepal_sentence_9

On May 28, 2012, the Constituent Assembly was dissolved after it failed to finish the constitution after the latest extension, ending four years of constitution drafting and leaving the country in a legal vacuum. Constitution of Nepal_sentence_10

New elections were held on November 19, 2013 to the Second Nepalese Constituent Assembly and political leaders pledged to draft a new constitution within a year. Constitution of Nepal_sentence_11

The new assembly expressly committed that the new constitution would be promulgated on January 22, 2015. Constitution of Nepal_sentence_12

However, due to continued differences on key issues including system of governance, judicial system and federation issues like number, name and areas of the states to be carved, the constitution could not be finalized and promulgated in time. Constitution of Nepal_sentence_13

Salient features of the Constitution of Nepal Constitution of Nepal_section_1

The constitution is largely written in gender-neutral terms. Constitution of Nepal_sentence_14

Some of the important aspects of the constitution include the following: Constitution of Nepal_sentence_15

Constitution of Nepal_unordered_list_0

  • The Constitution restructured Nepal into a federal republic. The Constitution divided the nation into seven provinces and completed the transition of Nepal from constitutional monarchy to republicanism and from a unitary system to federalism.Constitution of Nepal_item_0_0
  • The Federal system is established with three tiers, Federal Government, Provincial Level, and Local Level. The guiding principles of the 'Holding Together' type of Nepalese federal system are based on Co-existence, Co-operation, and Coordination (3Cs).Constitution of Nepal_item_0_1
  • Nepal is defined in article 4 as an "independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican state."Constitution of Nepal_item_0_2
  • A bicameral parliamentary system was created with two Federal houses and unicameral parliamentary systems in each province.Constitution of Nepal_item_0_3
  • A mixed electoral system was adopted for the elections of the lower Federal house with both first-past-the-post and proportional electoral aspects used to elect members.Constitution of Nepal_item_0_4
  • The rights of gender and sexual minorities are protected by the new constitution with provisions of special laws to protect, empower and develop minority groups as well as allowing them to get citizenship in their chosen gender.Constitution of Nepal_item_0_5
  • The rights of women were explicitly recognized, the constitution stating that “women shall have the equal ancestral right without any gender-based discrimination.”Constitution of Nepal_item_0_6
  • Acts leading to conversions from one religion to another were banned, and acts that undermine or jeopardize the religion of another prohibited. At the same time, the constitution declares the nation to be secular and neutral toward all religions.Constitution of Nepal_item_0_7
  • Nepal also has continued not to use the death penalty. Nepal had abolished capital punishment in 1990 after the promulgation of that year's Constitution of the Kingdom of Nepal.Constitution of Nepal_item_0_8

Preamble Constitution of Nepal_section_2

Previous Constitutions of Nepal Constitution of Nepal_section_3

In the 68-year history of constitutional development up to this Constitution, Nepal experienced 7 different constitutions in different time periods, with previous constitutions being enacted in 1948, 1951, 1959, 1962, 1990, and 2007. Constitution of Nepal_sentence_16

The Nepal Government Act 1948 Constitution of Nepal_section_4

In 2004 Bikram Sambat, the Government of Nepal Act was enacted. Constitution of Nepal_sentence_17

Since the mid-nineteenth century, the country had been a monarchy where the prime ministers, from the Rana dynasty, had sweeping control over the affairs of the state. Constitution of Nepal_sentence_18

The 1948 (Common Era) document introduced limited democratic elements, but the experiment was not successful due to the misgivings of the Rana rulers to give away power. Constitution of Nepal_sentence_19

This constitution was declared on 26 January 1948 by PM Padma Shumsher. Constitution of Nepal_sentence_20

The constitution was formed under the chairmanship of Padma Shumsher and three Indian Scholars had helped him to prepare this document. Constitution of Nepal_sentence_21

The three Indian Scholars who contributed during its writing were Prakash Gupta, Raghunath Singh and Ram Ugra Singh. Constitution of Nepal_sentence_22

It consisted of 6 parts, 68 articles and 1 schedules. Constitution of Nepal_sentence_23

The Nepal Interim Government Act 1951 Constitution of Nepal_section_5

The Interim Government of Nepal Act 1951 was promulgated after the Revolution of 1951 at the end of the Rana period. Constitution of Nepal_sentence_24

This text strengthened the authority of the king, and introduced relevant reforms such as the creation of the Supreme Court and the inclusion of fundamental rights and socio-economic goals to be pursued by the state. Constitution of Nepal_sentence_25

This constitution was promulgated on 30 March 1951 by King Tribhuwan. Constitution of Nepal_sentence_26

It consisted of 7 parts, 73 articles and 3 schedules. Constitution of Nepal_sentence_27

The Constitution of the Kingdom of Nepal, 1959 Constitution of Nepal_section_6

The Constitution of the Kingdom of Nepal, 1959 followed the previously mentioned interim text. Constitution of Nepal_sentence_28

Despite the establishment of a bicameral parliament, the king continued to hold important powers such as the prerogative to appoint half of the members of the Senate and the suspension of parliament under certain circumstances.This constitution was drafted under the chairmanship of Bhagawati Pd Singh. Constitution of Nepal_sentence_29

The constitution drafting commission included members like Surya Pd Upadhyaya, Ranabir Subba, Hari prashad Joshi. Constitution of Nepal_sentence_30

Sir Ivor Jennings was an advisor in this committee. Constitution of Nepal_sentence_31

This constitution was promulgated on 12 February 1959. Constitution of Nepal_sentence_32

It consisted of 10 parts, 77 articles and 3 schedules. Constitution of Nepal_sentence_33

Constitution of Nepal 1962 Constitution of Nepal_section_7

The democratic experiment was short-lived, as in 1962 a new constitution came in to eliminate political parties, and to introduce the so-called panchayat system. Constitution of Nepal_sentence_34

In this model, panchayats were councils organized at the local level, presumably to ensure the representation of citizens. Constitution of Nepal_sentence_35

However, the king exercised much stronger authority than in the 1959 regime. Constitution of Nepal_sentence_36

and could modify the constitution or suspend it in case of emergency. Constitution of Nepal_sentence_37

This constitution was promulgated on 16 December 1962 by King Mahendra. Constitution of Nepal_sentence_38

It consisted of 20 parts, 97 articles and 6 schedules. Constitution of Nepal_sentence_39

Constitution of the Kingdom of Nepal, 1990 Constitution of Nepal_section_8

In 1990, the first Jana Andolan, Popular Revolt, brought multi-party democracy back to Nepal. Constitution of Nepal_sentence_40

The Constitution of the Kingdom of Nepal, 1990 lifted the ban on political parties, described a democratic representative system where the authority of the king was curtailed, and enshrined fundamental rights. Constitution of Nepal_sentence_41

Although the 1990 constitution substantially increased the democratic character of the state in comparison with the Panchayat Regime, critiques have argued that this text did not adequately represent all sectors of society, even though Nepal is a multi-cultural country where diverse social groups coexist. Constitution of Nepal_sentence_42

This constitution was promulgated on 9 November 1990 by King Birendra. Constitution of Nepal_sentence_43

It consisted of 23 parts, 133 articles and 3 schedules. Constitution of Nepal_sentence_44

This constitution was repealed by the constitution of Nepal. Constitution of Nepal_sentence_45

Nepal Interim Constitution, 2007 Constitution of Nepal_section_9

Again following the 2007 democracy movement in Nepal, Interim Constitution was promulgated in 2007. Constitution of Nepal_sentence_46

This constitution was promulgated on 15 January 2007. Constitution of Nepal_sentence_47

It consisted of 25 parts, 167 articles and 4 schedules. Constitution of Nepal_sentence_48

It has articles on citizenship, fundamental rights, responsibilities, directive principles and policies of the State, the Executive, Legislature-Parliament, the Constituent Assembly, the legislative procedure, the financial procedure, the Judiciary, the Commission for the Investigation of Abuse of Authority, the Auditor General, the Public Service Commission, the Election Commission, the National Human Rights Commission, the Attorney General, structure of State and local self-governance, political parties, emergency powers, provisions regarding the army, amendment of the Constitution and transitional provisions. Constitution of Nepal_sentence_49

Controversy over 2015 Constitution Constitution of Nepal_section_10

Parts of the Constitution Constitution of Nepal_section_11

The Constitution has 35 parts which are as follows: Constitution of Nepal_sentence_50

1. Constitution of Nepal_sentence_51

Preliminary (part 1) Constitution of Nepal_sentence_52

2. Constitution of Nepal_sentence_53

Citizenship (Part 2) Constitution of Nepal_sentence_54

3. Constitution of Nepal_sentence_55

Fundamental Rights and Duties (Part 3) Constitution of Nepal_sentence_56

4. Constitution of Nepal_sentence_57

Directive Principles, Policies and Responsibilities of the State (Part 4) Constitution of Nepal_sentence_58

5. Constitution of Nepal_sentence_59

Restructuring of the State and distribution of State power (Part 5) Constitution of Nepal_sentence_60

6. Constitution of Nepal_sentence_61

President and Vice-President (Part 6) Constitution of Nepal_sentence_62

7. Constitution of Nepal_sentence_63

Federal Executive (Part 7) Constitution of Nepal_sentence_64

8. Constitution of Nepal_sentence_65

Federal Parliament(Part 8) Constitution of Nepal_sentence_66

9. Constitution of Nepal_sentence_67

Federal Legislative Procedure(Part 9) Constitution of Nepal_sentence_68

10. Constitution of Nepal_sentence_69

Federal Financial Procedures (Part 10) Constitution of Nepal_sentence_70

11. Constitution of Nepal_sentence_71

Judiciary (Part 11) Constitution of Nepal_sentence_72

12. Constitution of Nepal_sentence_73

Attorney General (Part 12) Constitution of Nepal_sentence_74

13. Constitution of Nepal_sentence_75

Provincial Executive (Part 13) Constitution of Nepal_sentence_76

14. Constitution of Nepal_sentence_77

Provincial Legislature (Part 14) Constitution of Nepal_sentence_78

15. Constitution of Nepal_sentence_79

Provincial Legislative Procedure (Part 15) Constitution of Nepal_sentence_80

16. Constitution of Nepal_sentence_81

Financial Procedures of Province (Part 16) Constitution of Nepal_sentence_82

17. Constitution of Nepal_sentence_83

Local Executive (Part 17) Constitution of Nepal_sentence_84

18. Constitution of Nepal_sentence_85

Local Legislature(Part 18) Constitution of Nepal_sentence_86

19. Constitution of Nepal_sentence_87

Local Financial Procedure(Part 19) Constitution of Nepal_sentence_88

20. Constitution of Nepal_sentence_89

Interrelationship between the Federation, Provinces and Local Levels (Part 20) Constitution of Nepal_sentence_90

21. Constitution of Nepal_sentence_91

Commission for the Investigation of Abuse of Authority (Part 21) Constitution of Nepal_sentence_92

22. Constitution of Nepal_sentence_93

Auditor General (Part 22) Constitution of Nepal_sentence_94

23. Constitution of Nepal_sentence_95

Public Service Commission(Part 23) Constitution of Nepal_sentence_96

24. Constitution of Nepal_sentence_97

Election Commission(Part 24) Constitution of Nepal_sentence_98

25. Constitution of Nepal_sentence_99

National Human Rights Commission (Part 25) Constitution of Nepal_sentence_100

26. Constitution of Nepal_sentence_101

National Natural Resources and Fiscal Commission (Part 26) Constitution of Nepal_sentence_102

27. Constitution of Nepal_sentence_103

Other Commissions (Part 27) Constitution of Nepal_sentence_104

28. Constitution of Nepal_sentence_105

Provision regarding National Security(Part 28) Constitution of Nepal_sentence_106

29. Constitution of Nepal_sentence_107

Provision relating to Political Parties (Part 29) Constitution of Nepal_sentence_108

30. Constitution of Nepal_sentence_109

Emergency Power (Part 30) Constitution of Nepal_sentence_110

31. Constitution of Nepal_sentence_111

Amendment of the Constitution (Part 31) Constitution of Nepal_sentence_112

32. Constitution of Nepal_sentence_113

Miscellaneous(Part 32) Constitution of Nepal_sentence_114

33. Constitution of Nepal_sentence_115

Transitional Provisions(Part 33) Constitution of Nepal_sentence_116

34. Constitution of Nepal_sentence_117

Definitions and Interpretations (Part 34) Constitution of Nepal_sentence_118

35. Constitution of Nepal_sentence_119

Short title, Commencement and Repeal (Part 35) Constitution of Nepal_sentence_120

Citizenship Provisions in the Constitution of Nepal 2015 Constitution of Nepal_section_12

The conditions to be fulfilled to be a Nepalese Citizen are outlined below (Copied from Section 11, Part 2, Constitution of Nepal, 2015)(final) Constitution of Nepal_sentence_121

(1) The persons who have acquired citizenship of Nepal at the commencement of this Constitution and the persons who are eligible to acquire citizenship of Nepal under this Part shall be deemed to be the citizens of Nepal. Constitution of Nepal_sentence_122

(2) The following persons who have their permanent domicile in Nepal shall be deemed to be citizens of Nepal by descent:- Constitution of Nepal_sentence_123

Constitution of Nepal_ordered_list_1

  1. A person who has acquired the citizenship of Nepal by descent before the commencement of this constitution.Constitution of Nepal_item_1_9
  2. Any person whose father or mother was a citizen of Nepal at the birth of such a person.Constitution of Nepal_item_1_10

(3) A child of a citizen who has acquired citizenship of Nepal by birth before the commencement of this Constitution shall, if his/her father and mother both are the citizens of Nepal, shall be entitled to Nepali citizenship by descent upon his/her attaining the age of maturity. Constitution of Nepal_sentence_124

(4) Every child found in Nepal whereabouts of whose paternity and maternity is not known shall, until the mother or father is traced, be deemed a citizen of Nepal by descent. Constitution of Nepal_sentence_125

(5) A person born to a Nepali citizen mother and having his/her domicile in Nepal but whose father is not traced, shall be conferred the Nepali citizenship by descent. Constitution of Nepal_sentence_126

Provided that in case his/her father is found to be a foreigner, the citizenship of such a person shall be converted to naturalized citizenship according to the Federal law. Constitution of Nepal_sentence_127

(6) If a foreign woman married to a Nepali citizen so wishes, she may acquire naturalized citizenship of Nepal as provided for in a Federal law. Constitution of Nepal_sentence_128

(7) Notwithstanding anything contained elsewhere in this Article, in case of a person born to Nepali woman citizen married to a foreign citizen, he/she may acquire naturalized citizenship of Nepal as provided for by a Federal law if he/she is having the permanent domicile in Nepal and he/she has not acquired citizenship of the foreign country. Constitution of Nepal_sentence_129

Provided that if his/her father and mother both are the citizen of Nepal at the time of acquisition of the citizenship, he/she, if born in Nepal, may acquire citizenship by descent. Constitution of Nepal_sentence_130

(8) Except provided for in this Article, Government of Nepal may confer naturalized citizenship of Nepal according to Federal law. Constitution of Nepal_sentence_131

(9) Government of Nepal may confer honorary citizenship according to Federal law. Constitution of Nepal_sentence_132

(10) In case any area is annexed into Nepal by merger, the persons having domicile in such area shall be citizens of Nepal subject to a Federal law. Constitution of Nepal_sentence_133

Fundamental rights guaranteed in the Constitution (Part 3) Constitution of Nepal_section_13

1. Constitution of Nepal_sentence_134

Right to Life of Dignity (Article 16) Constitution of Nepal_sentence_135

2. Constitution of Nepal_sentence_136

Right to Freedom (Article 17) Constitution of Nepal_sentence_137

3. Constitution of Nepal_sentence_138

Right to Equality (Article 18) Constitution of Nepal_sentence_139

4. Constitution of Nepal_sentence_140

Right to Communication (Article 19) Constitution of Nepal_sentence_141

5. Constitution of Nepal_sentence_142

Right regarding Justice (Article 20) Constitution of Nepal_sentence_143

6. Constitution of Nepal_sentence_144

Right of the Victim of Crime (Article 21) Constitution of Nepal_sentence_145

7. Constitution of Nepal_sentence_146

Right against Torture (Article 22) Constitution of Nepal_sentence_147

8. Constitution of Nepal_sentence_148

Right against Preventive Detention (Article 23) Constitution of Nepal_sentence_149

9. Constitution of Nepal_sentence_150

Right against Untouchability and Discrimination (Article 24) Constitution of Nepal_sentence_151

10. Constitution of Nepal_sentence_152

Right to Property (Article 25) Constitution of Nepal_sentence_153

11. Constitution of Nepal_sentence_154

Right to Religious Freedom (Article 26) Constitution of Nepal_sentence_155

12. Constitution of Nepal_sentence_156

Right to Information (Article 27) Constitution of Nepal_sentence_157

13. Constitution of Nepal_sentence_158

Right to Privacy (Article 28) Constitution of Nepal_sentence_159

14. Constitution of Nepal_sentence_160

Right against Exploitation (Article 29) Constitution of Nepal_sentence_161

15. Constitution of Nepal_sentence_162

Right to Fresh Environment (Article 30) Constitution of Nepal_sentence_163

16. Constitution of Nepal_sentence_164

Right regarding Education (Article 31) Constitution of Nepal_sentence_165

17. Constitution of Nepal_sentence_166

Right to Language and Culture (Article 32) Constitution of Nepal_sentence_167

18. Constitution of Nepal_sentence_168

Right to Employment (Article 33) Constitution of Nepal_sentence_169

19. Constitution of Nepal_sentence_170

Right to Labour (Article 34) Constitution of Nepal_sentence_171

20. Constitution of Nepal_sentence_172

Right regarding Health (Article 35) Constitution of Nepal_sentence_173

21. Constitution of Nepal_sentence_174

Right regarding Food (Article 36) Constitution of Nepal_sentence_175

22. Constitution of Nepal_sentence_176

Right to Residence (Article 37) Constitution of Nepal_sentence_177

23. Constitution of Nepal_sentence_178

Women's Rights (Article 38) Constitution of Nepal_sentence_179

24. Constitution of Nepal_sentence_180

Children's Rights (Article 39) Constitution of Nepal_sentence_181

25. Constitution of Nepal_sentence_182

Dalit's Rights (Article 40) Constitution of Nepal_sentence_183

26. Constitution of Nepal_sentence_184

Senior Citizen's Rights (Article 41) Constitution of Nepal_sentence_185

27. Constitution of Nepal_sentence_186

Right to Social Justice (Article 42) Constitution of Nepal_sentence_187

28. Constitution of Nepal_sentence_188

Right to Social Security (Article 43) Constitution of Nepal_sentence_189

29. Constitution of Nepal_sentence_190

Consumer's Rights (Article 44) Constitution of Nepal_sentence_191

30. Constitution of Nepal_sentence_192

Right against Exile (Article 45) Constitution of Nepal_sentence_193

31. Constitution of Nepal_sentence_194

Right to Constitutional Remedy (Article 46) Constitution of Nepal_sentence_195

Constitutional Organs (Part 21-27) Constitution of Nepal_section_14

The following are the Constitutional organs of Nepal: Constitution of Nepal_sentence_196

1. Constitution of Nepal_sentence_197

Commission for the Investigation of Abuse of Authority (CIAA) (Part 21) Constitution of Nepal_sentence_198

2. Constitution of Nepal_sentence_199

(Part 22) Constitution of Nepal_sentence_200

3. Constitution of Nepal_sentence_201

Public Service Commission (Part 23) Constitution of Nepal_sentence_202

4. Constitution of Nepal_sentence_203

Election Commission (Part 24) Constitution of Nepal_sentence_204

5. Constitution of Nepal_sentence_205

National Human Rights Commission (Part 25) Constitution of Nepal_sentence_206

6. Constitution of Nepal_sentence_207

(Part 26) Constitution of Nepal_sentence_208

7. Constitution of Nepal_sentence_209

Other Commissions (Part 27) : Constitution of Nepal_sentence_210

Constitution of Nepal_ordered_list_2

  1. National Women CommissionConstitution of Nepal_item_2_11
  2. National Dalit CommissionConstitution of Nepal_item_2_12
  3. National Inclusive CommissionConstitution of Nepal_item_2_13
  4. National Aborigines CommissionConstitution of Nepal_item_2_14
  5. Madhesi CommissionConstitution of Nepal_item_2_15
  6. Tharu CommissionConstitution of Nepal_item_2_16
  7. Muslim CommissionConstitution of Nepal_item_2_17

Schedules of the Constitution Constitution of Nepal_section_15

The Constitution has 9 schedules as follows: Constitution of Nepal_sentence_211

1. Constitution of Nepal_sentence_212

Nepali National Flag (Schedule 1) Constitution of Nepal_sentence_213

2. Constitution of Nepal_sentence_214

National Anthem of Nepal (Schedule 2) Constitution of Nepal_sentence_215

3. Constitution of Nepal_sentence_216

Coat of Arms of Nepal (Schedule 3) Constitution of Nepal_sentence_217

4. Constitution of Nepal_sentence_218

Provinces and Districts within provinces (Schedule 4) Constitution of Nepal_sentence_219

5. Constitution of Nepal_sentence_220

List of Federal Powers/Jurisdiction (Schedule 5) Constitution of Nepal_sentence_221

6. Constitution of Nepal_sentence_222

List of Provincial Powers/Jurisdiction (Schedule 6) Constitution of Nepal_sentence_223

7. Constitution of Nepal_sentence_224

List of Concurrent (federal and provincial) powers/jurisdiction (Schedule 7) Constitution of Nepal_sentence_225

8. Constitution of Nepal_sentence_226

List of Powers/Jurisdiction for Local Level (Schedule 8) Constitution of Nepal_sentence_227

9. Constitution of Nepal_sentence_228

List of Concurrent Powers/Jurisdiction for Federation, Province and Local Level (Schedule 9) Constitution of Nepal_sentence_229

See also Constitution of Nepal_section_16

Constitution of Nepal_unordered_list_3

Credits to the contents of this page go to the authors of the corresponding Wikipedia page: of Nepal.