Constitution of Nepal 2047

   THE CONSTITUTION OF THE KINGDOM OF NEPAL 2047

The Nepal Constitution of 1990 : Preliminary Considerations

The Nepal constitution of 23 Kartik, 2047 V.S. (November 9, 1990 A.D.) is a bold attempt to institutionalize the goals of the popular movement of the Spring of 1990. In a dramatic reversal of previous formulations, it places sovereignty in the people and makes the king the symbol of the nation, thus legally transforming the state from an absolute to a constitutional monarchy. It reinstates the system of multiparty democracy absent since the brief democratic experiment of the 1950's, and presents guarantees of new basic rights. The subsequent completion of elections and formation of a new Government according to its provisions, even with the problems and conflicts common to such fundamental political restructurings, have provided decisive steps towards transforming it from a theoretical document to a living reality. The 1990 constitution will affect first of all the lives of the people of Nepal, but also will have its effects on the work of scholars who do research in Nepal, whether or not their fields of study center on contemporary politics. As an institutional, and in some sense revolutionary, manifestation of the worldwide pro-democracy movements of the early 1990's, the Nepal constitution should also be of interest to scholars of other areas and general theorists interested in political change and democratic movements. Its full significance and effects will not be known for some time to come; but even at an early stage of its implementation and interpretation, it raises issues that deserve preliminary consideration.

Structure and Models

The new Nepal constitution is a complex document which includes a preamble, 133 articles grouped into 23 parts, and 3 appended schedules:

Preamble

Part 1: Preliminary

Part 2: Citizenship

Part 3: Fundamental Rights

Part 4: Directive Principles and Policies of the State

Part 5: His Majesty

Part 6: Raj Parishad

Part 8: Legislature

Part 9: Legislative Procedure

Part 10: Financial Procedure

Part 11: Judiciary

Part 12: Commission for the Investigation of Abuse of Authority

Part 13: Auditor-General

Part 14: Public Service Commission

Part 15: Election Commission

Part 16: Attorney-General

Part 18: Emergency Power

Part 19: Amendment of the Constitution

Part 20: Miscellaneous

Part 21: Transitional Provisions

Part 22: Definitions and Interpretation

Part 23: Short Title and Commencement

Schedule 1: National Flag

Schedule 2: National Anthem

Schedule 3: Coat-Of-Arms

The first four parts deal with primary issues and definitions of the state, sovereignty, citizenship, rights and policies. Parts 5 and 6 are concerned with the King and the council on royal affairs,known as the Raj Parishad. Parts 8-11 cover the 3 main branches of government: executive, legislative and judiciary; and parts 12-16 have to do with major investigative and administrative commissions and offices. The remaining sections, parts 17-23, relate to various issues and institutions not covered in the other parts, ranging from one-time issues concerning the transition between old and new constitutions, to technical definitions; of special note here are the provisions regarding political parties (Part 17), a crucial issue in the 1990 demonstrations that gave rise to the new constitution, and the emergency powers provisions of Part 18, providing for temporary suspensions of political rights in times of crisis.

While the organization of the constitution generally seems straightforward, the seven-article Part 1, labeled "Preliminary", at first glance might seem a random collection of subjects ranging from the vital and profound to the near-trivial:

Preliminary

1. Constitution as the Fundamental Law

2. The Nation [=people irrespective of religion, race, caste or tribe]

3. The Sovereignty [vested in the Nepalese people]

4. The Kingdom [multiethnic, multilingual, democratic, independent, indivisible and sovereign Hindu Constitutional Monarchical Kingdom; territory of Nepal]

National Flag

6. Language of the Nation [Nepali="language of the nation" and official language; all languages spoken as mother tongue in Nepal are "national languages"]

7. National Anthem etc. [national flower, national color, national animal, national bird, coat of arms,including its enlargement or reduction and color].

 

CONSTITUTION OF 2047

THE CONSTITUTION OF THE KINGDOM OF NEPAL 2047 (1990)

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PREAMBLE PART 1 PRELIMINARY PART 2 CITIZENSHIP PART 3 FUNDAMENTAL RIGHTS PART 4 DIRECTIVE PRINCIPLES AND POLICIES OF THE STATE PART 5 HIS MAJESTY PART 6 RAJ PARISHAD PART 7 EXECUTIVE PART 8 LEGISLATURE PART 9 LEGISLATIVE PROCEDURE PART 10 FINANCIAL PROCEDURE PART 11 JUDICIARY PART 12 COMMISSION FOR THE INVESTIGATION OF ABUSE OF AUTHORITY PART 13 AUDITOR-GENERAL PART 14 PUBLIC SERVICE COMMISSION PART 15 ELECTION COMMISSION PART 16 ATTORNEY-GENERAL PART 17 POLITICAL ORGANISATIONS PART 18 EMERGENCY POWER PART 19 AMENDMENT OF THE CONSTITUTION PART 20 MISCELLANEOUS PART 21 TRANSITIONAL PROVISIONS PART 22 DEFINITIONS AND INTERPRETATION PART 23 SHORT TITLE AND COMMENCEMENT SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 This table Contain copyright from www.nepalhmg.gov.np/sambidha/