Constitution of Nepal

Constitution of Nepal
Name	Constitution of Nepal
Jurisdiction	Nepal
Date created	20 September 2015
Date ratified	20 September 2015
Date effective	20 September 2015
System	Federal Democratic Republic
Branches	Executive, Legislative, Judiciary
Chambers	Bicameral (House of Representatives, National Assembly)
Executive	Prime Minister-led Council of Ministers
Judiciary	Supreme Court
Federalism	Federal

Constitution of Nepal is the supreme law of the Federal Democratic Republic of Nepal. It was promulgated on 20 September 2015 by the Second Constituent Assembly, formally ending the country's transition from a Hindu state and constitutional monarchy following the Nepalese Civil War. The document establishes Nepal as a secular, federal democratic republic, delineating the structure of government, fundamental rights, and the division of state powers.

History and background

The drafting process was a protracted endeavor deeply influenced by the political aftermath of the Nepalese Civil War and the dissolution of the Kingdom of Nepal. The first Constituent Assembly, elected in 2008, failed to deliver a charter before its dissolution in 2012. The second Constituent Assembly, elected in 2013, finally achieved consensus among major parties including the Nepali Congress, Communist Party of Nepal (Unified Marxist–Leninist), and the Unified Communist Party of Nepal (Maoist). Key historical milestones informing its development include the 2006 People's Movement, the Comprehensive Peace Accord, and the earlier constitutions of 1990 and 1962. The promulgation by President Bidya Devi Bhandari marked a definitive break from the Shah dynasty and the Hindu monarchy.

Structure and key provisions

The document is composed of a preamble, 35 parts, 308 articles, and 9 schedules. It vests sovereignty in the people and establishes a bicameral federal parliament consisting of the House of Representatives and the National Assembly. The executive power is vested in the Council of Ministers headed by the Prime Minister, while the President serves as the ceremonial head of state. It also defines Nepal as a multi-party, competitive federal democratic republican state. Key institutional provisions establish the Supreme Court, the National Human Rights Commission, and the Commission for the Investigation of Abuse of Authority.

Fundamental rights and duties

It enshrines an extensive catalog of fundamental rights as directly enforceable guarantees. These include the right to equality before the law, freedom of speech and expression, freedom of religion, and right to privacy. It also guarantees socioeconomic rights such as the right to education, right to health care, right to employment, and right to food sovereignty. Specific provisions address the rights of women, Dalits, indigenous nationalities, Madheshis, Tharus, Muslims, and sexual and gender minorities. The document pairs these rights with fundamental duties of citizens towards the nation.

Federal structure and governance

It restructures Nepal into a federal model comprising seven provinces, each with its own provincial assembly and government headed by a Chief Minister. The division of powers is detailed in schedules that list exclusive powers of the federal government, concurrent powers shared with provinces, and exclusive powers of the provinces. Local governance is decentralized to 753 local units including metropolitan cities, sub-metropolitan cities, municipalities, and rural municipalities. This structure aims to address long-standing issues of inclusion and regional disparity, particularly in the Madhesh and Karnali Province.

Amendment process and judicial review

The amendment procedure is delineated in Article 274, requiring a two-thirds majority of the total membership in both houses of the Federal Parliament for most provisions. Certain fundamental features, such as the provisions on sovereignty, territorial integrity, and the republican form of government, require not only a two-thirds parliamentary majority but also ratification by a majority of the provincial assemblies. The Supreme Court holds the power of judicial review and can declare any law or action unconstitutional. Landmark cases like the 2021 dissolution of the House of Representatives have tested this authority.

Implementation and challenges

Implementation has involved enacting numerous federal and provincial laws, forming the Provincial Assemblies, and conducting elections under the new system. Significant challenges persist, including disputes over provincial boundaries, resource allocation, and the integration of the former Maoist combatants into the Nepalese Army and society. Protests, particularly in the Madhesh region, have highlighted issues of representation and citizenship clauses. Ongoing debates also concern the balance of power between the President and the Prime Minister, and the full realization of the expansive socioeconomic rights guaranteed.

Nepal Category:Nepalese law Category:2015 in Nepalese law Category:2015 documents