Constitution of Nepal

Constitution of Nepal
Name	Nepal
Document name	Constitution of Nepal
Date created	2015
Location of document	Kathmandu
Writer	Constituent Assembly
Signers	President of Nepal
Purpose	Supreme law of Nepal

Constitution of Nepal is the supreme legal instrument that establishes the institutional framework, distribution of powers, and fundamental rights within the Federal Democratic Republic of Nepal. It replaces earlier charters such as the Interim Constitution of Nepal, 2007 and emerged from a long political process involving the Nepalese Civil War, the Comprehensive Peace Accord (2006), and multiple Constituent Assembly elections. The text situates Nepal as a secular, federal, democratic republic and defines relationships among the President of Nepal, the Prime Minister of Nepal, the Federal Parliament of Nepal, and provincial and local bodies.

History and Background

The origins trace to the Rana dynasty era, the Nepalese revolution of 1951, and the promulgation of the Constitution of the Kingdom of Nepal, 1959 under King Mahendra and later changes such as the 1972 Constitution and the Constitution of the Kingdom of Nepal, 1990 after the People's Movement (1990). Subsequent political upheavals including the rise of the Communist Party of Nepal (Maoist), the decade-long insurgency, the 2001 Nepalese royal massacre, and the 2006 Loktantra Andolan led to the abolition of the Monarchy of Nepal and the formation of the Interim Constitution of Nepal, 2007, setting the stage for a constituent process culminating in the present constitution.

Drafting and Adoption

The drafting process involved the First Nepalese Constituent Assembly election, 2008 and the Second Nepalese Constituent Assembly election, 2013, with negotiation among parties such as the Nepali Congress, the Communist Party of Nepal (Unified Marxist–Leninist), and the Communist Party of Nepal (Maoist Centre). Key events included deliberations in the Constituent Assembly (Nepal), public consultations, and dispute resolution over issues raised by groups like the Madhesi Jana Adhikar Forum and indigenous organizations such as the National Federation of Indigenous Nationalities. The constitution was promulgated in 2015 by the President of Nepal amid protests in the Terai region and international attention from actors including the United Nations and neighboring states like India and China.

Structure and Contents

The document is organized into parts and schedules defining the roles of the President of Nepal, the Vice President of Nepal, the Federal Parliament of Nepal (bicameral: House of Representatives (Nepal) and National Assembly (Nepal)), the Council of Ministers (Nepal), and provincial assemblies such as those in Province No. 1 and Karnali Province. It sets out fiscal provisions involving the Ministry of Finance (Nepal), administrative divisions like Gandaki Province and Bagmati Province, and mechanisms for local governance such as Municipality (Nepal) and Rural municipality. Schedules address matters like the National Flag of Nepal, national symbols, and transitional arrangements following the Abolition of the Monarchy.

Fundamental Rights and Duties

The charter enumerates rights protected against state action, echoing instruments like the Universal Declaration of Human Rights and engaging institutions such as the Supreme Court of Nepal and the National Human Rights Commission (Nepal). Rights include equality provisions impacting groups including the Dalit community, protections for women in Nepal, provisions for LGBT rights in Nepal, and safeguards for language rights of communities like the Tharu people and Tamang people. Duties address service to the nation and obligations concerning national sovereignty as overseen by bodies like the Election Commission, Nepal.

Federalism and State Structure

The constitution establishes a three-tiered polity dividing powers among the federal center and provinces like Sudurpashchim Province and local units such as Metropolitan City (Nepal). It delineates concurrent and exclusive powers on subjects including natural resources managed in coordination with agencies like the Ministry of Home Affairs (Nepal), revenue sharing determined by the National Natural Resources and Fiscal Commission, and intergovernmental mechanisms such as the Council of Ministers (Nepal) and provincial cabinets. Territorial and identity concerns raised by movements in regions like the Madhesh influenced provisions on representation and autonomy.

Amendment Process

Amendments require procedures involving majorities in the House of Representatives (Nepal) and sometimes the National Assembly (Nepal), with special thresholds for provisions concerning republicanism, fundamental rights, and the federal structure. Political actors including the Federal Socialist Forum, Nepal and the Rastriya Prajatantra Party have sought revisions through legislative routes, while constitutional interpretation of amendment limits has been adjudicated by the Supreme Court of Nepal and debated in forums such as the Constituent Assembly (Nepal) and provincial legislatures.

Implementation and Judicial Review

Implementation depends on institutions like the Supreme Court of Nepal, which exercises judicial review and has ruled on issues involving the Election Commission, Nepal, provincial boundaries, and rights disputes. Bodies such as the Office of the Attorney General (Nepal) and the Public Service Commission (Nepal) operationalize provisions, while oversight by international organizations including the International Commission of Jurists and engagement with treaties like the International Covenant on Civil and Political Rights inform compliance. Ongoing controversies—over citizenship, representation, and the delineation of provincial powers—have led to litigation and legislative responses, shaping constitutional practice in Nepal.

Category:Law of Nepal