Constitution of the Kingdom of Nepal, 1959

Constitution of the Kingdom of Nepal, 1959
Name	Constitution of the Kingdom of Nepal, 1959
Jurisdiction	Nepal
Created	1959
Ratified by	King Mahendra
Date commenced	1959
Repealed	1960 (suspended) / 1962 (abrogated)

Constitution of the Kingdom of Nepal, 1959 The Constitution of the Kingdom of Nepal, 1959 was the first written constitutional charter establishing parliamentary arrangements in Nepal during the reign of King Mahendra. It emerged from negotiations among political actors including the Rana dynasty’s legacy, the Nepali Congress, and royal advisers influenced by precedents from the United Kingdom, India, and Pakistan. The document attempted to reconcile monarchical authority with representative institutions amid Cold War era pressures involving India and regional actors.

Background and Drafting

Drafting followed the 1951 end of the Rana oligarchy and the Democratic Movement in Nepal (1950–1951), when interim arrangements under King Tribhuvan and King Mahendra led to demands from the Nepali Congress and groups inspired by constitutional models such as the Constitution of India, 1950, the Government of India Act 1935, and the Constitution of Pakistan, 1956. A Constituent Assembly was not convened; instead, a Constituent Assembly Committee and legal experts drawn from the Nepal Bar Association and civil servants from the Ministry of Law, Nepal prepared drafts influenced by advisers linked to Jawaharlal Nehru, Jawaharlal Nehru's Indian National Congress, and comparative writings in the Commonwealth. Debates involved figures from the Rastriya Prajatantra Party milieu, members of the Nepali Congress leadership such as B. P. Koirala, and royal counsellors aligned with Mahendra of Nepal.

Key Provisions and Structure

The constitution established a bicameral legislature comprising a House of Representatives (Nepal) and a Senate of Nepal with provisions for royal assent, reflecting constitutional monarchies like the United Kingdom and elements from the Constitution of Japan (1947). It delineated executive prerogatives for King Mahendra including appointment powers, emergency powers, and command over the Royal Nepalese Army leadership; judicial independence was provided through a Supreme Court modeled in part on the Supreme Court of India and procedural influences from the Privy Council (United Kingdom). The document arranged fundamental procedural rules for elections referencing administrative practices from the Election Commission of India and electoral systems comparable to those in Pakistan and the United Kingdom.

Governmental Institutions and Powers

Under the constitution, the Prime Minister of Nepal headed a cabinet responsible to the House of Representatives (Nepal), while the King of Nepal retained reserve powers similar to those exercised in constitutional crises in Pakistan and historic prerogatives akin to those of the Monarchy of the United Kingdom. Ministries such as the Ministry of Finance (Nepal), Ministry of Foreign Affairs (Nepal), and Ministry of Home Affairs (Nepal) were codified, and administrative divisions echoed districts administered by the Nepal Police and local bodies patterned after Panchayat systems historically used in South Asia. Judicial review was vested in the Supreme Court of Nepal with civil procedure influenced by the Indian Penal Code legacy and legal scholarship from the University of Calcutta and Banaras Hindu University.

Fundamental Rights and Duties

The charter enumerated rights resembling provisions from the Universal Declaration of Human Rights, including protections for freedom of speech, assembly, and religion, patterned against clauses in the Constitution of India, 1950 and international instruments such as the International Covenant on Civil and Political Rights debates then ongoing at the United Nations General Assembly. Duties and limitations cited public order and national security concerns reflecting tensions with neighbours and internal insurgent movements like those involving remnants of the Rana dynasty and militant factions. Protections for property and due process drew on jurisprudence from the Supreme Court of India and legal treatises circulating at the London School of Economics.

Amendments and Legal Challenges

Amendment procedures allowed alteration by the legislative process with royal assent, introducing pathways comparable to amendment practices under the Constitution of India, 1950 but with stronger monarchical check points observed in the Constitution of Japan (1947) debates. Legal challenges to provisions were brought before the Supreme Court of Nepal, raising issues akin to those litigated in the Kerala High Court and Supreme Court of Pakistan about separation of powers and fundamental rights. Political litigation and constitutional interpretation involved legal figures trained at institutions like Oxford University and Aligarh Muslim University, and were shaped by comparative rulings such as Kesavananda Bharati v. State of Kerala-era jurisprudence which later influenced South Asian constitutionalism.

Implementation and Political Impact

Implementation saw the first elected government under leaders from the Nepali Congress including B. P. Koirala, but tensions between the Prime Minister of Nepal and King Mahendra over authority mirrored conflicts in Pakistan between civilian cabinets and military/royal authorities. The constitution’s parliamentary experiment affected relations with India and international aid partners like the World Bank and Asian Development Bank, and influenced political movements including the rise of the Nepalese left and student activism connected to Tribhuvan University. Administrative reforms under the charter impacted local governance structures such as Village Development Committees and district administrations.

Repeal and Legacy

The constitution was suspended by King Mahendra in December 1960 and effectively abrogated with the promulgation of the Panchayat System (Nepal) in 1962, reshaping the state's institutional order until the 1990 People's Movement (Nepal) and the later Constitution of Nepal, 1990. Its legacy persists in debates over constitutional monarchy, democratic restoration led by figures like Girija Prasad Koirala, and comparative constitutional studies in South Asia involving the Constitution of India, 1950, Constitution of Pakistan, 1956, and subsequent Nepali constitutions. The 1959 charter remains a reference point in analyses by scholars at institutions such as Tribhuvan University and the Centre for South Asian Studies.

Category:Constitutions of Nepal