The Constitutional Evolution of Nepal

The constitution provides the basic structures of the state system; the executive, the judiciary, the legislature, and other bodies in accordance with the needs and circumstances of the country and determines the functions, duties, and rights of those organs and bodies; and their limitations. 
The constitution of the country has given the task of making laws, enforcing laws, administering justice by interpreting laws to the legislature, executive and judiciary respectively. 
The constitution is the basic law of the country, the source of all other laws of the state; other acts, rules, regulations, directives, procedures are based on the constitution. 
The constitution describes the system of governance of the country and its basic character, the exercise of the sovereign power of the country, the power of the government, and the rights of the people. 
The constitution is considered to be older than other laws and its amendment process is also made special than the amendment process of other laws.

Constitutional development of Nepal 

Although seven constitutions have been drafted and promulgated in Nepal so far, the Nepal Sarkar Baidhanik Kanun, 2004 (the statutory Law of Government of Nepal, 2004) has not been implemented. The world's first written constitution is the United States Constitution of 1787. 
Nepal Sarkar Baidhanik Kanun, 2004 (Statutory Law of the Government of Nepal, 2004)
Nepal ko Antarim Shasan Bidhan, 2007 (Nepal's Interim Government Legislation, 2007)
Nepal Adhirajya ko Sambidhan, 2015 (Constitution of the Kingdom of Nepal, 2015)
Nepal ko Sambidhan, 2019 (Constitution of Nepal, 2019)
Nepal Adhirajya ko Sambidhan, 2047 (Constitution of the Kingdom of Nepal, 2047)
Nepal ko Antarim Sambidhan, 2063 (Interim Constitution of Nepal, 2063)
Nepal ko Sambidhan, 2072 (Constitution of Nepal, 2072)

1. Nepal Sarkar Baidhanik Kanun, 2004 

Constitution by Shri 3 and Prime Minister Padma Shamsher. Announced Magh 13, 2004 B.S. Although it was mentioned that it will be implemented from 1st Baishak, 2005, it could not be implemented. 
[6 Parts, 68 Articles, and 1 Schedule] 
Bicameral: Bhardari Sabha (20 to 30 members nominated by Shri 3) and Rashtrasabha (42 elected and 28 nominated by Shri 3 for 60-70 members) 
Supreme Court (having 8 to 12 judges besides the Chief Justice) 
Access to justice, 
Compulsory and free primary education, 
The right to vote, 
The right to protection of personal property and other fundamental rights as well as duties were provided, but these rights could be curtailed at any time in the name of morality and public interest. 
His Majesty could have amended or postponed for 6 months all the power in himself. 

2. Nepal ko Antarim Shasan Bidhan, 2007

The first constitution to be implemented 2007 B.S. Announced by Shri 5 Tribhuvan on Chaitra 29, 2007, 
6-time amendments, 
[7 Parts, 74 Articles, 4 Schedules] 
The first provision of state policy guiding principles, 
Establishment of Legislature and Advisory Council under the leadership of the King, 
Establishment of the Supreme Court as the apex body, 
Public Service Commission to recommend for the appointment of impartial staff in the civil service. Provision of Auditor General and Election Commission, 
Fundamental rights such as freedom of speech and expression, freedom to assemble peacefully without arms, freedom to form associations, freedom to acquire and sell property, freedom to move around the country without hindrance,

3. Nepal Adhirajya ko Sambidhan, 2015 

Issued by King Mahendra on Falgun 1, 2015 Assisted by British Constitutionalist Sir Iver Jennings.
[10 Parts, 77 Articles, 3 Schedules] 
Bicameral: The Legislative Assembly consists of 36 members in the General Assembly (18 nominated by His Majesty the King and the remaining 18 nominated by the House of Representatives) and 109 members in the House of Representatives. 
The Shri 5 was in the highest position of the Legislature, Executive, and Judiciary.
The constitutional provision of Public Service Commission and Auditor General.
Using the right given by Article 55, On Paush 1, 2017 B.S., King Mahendra banned the party and overthrew the government. 
{Coordinator of the Constitution Drafting Committee / Constitution Suggestion Commission: Bhagwati Prasad Singh (2015), Rishikesh Shah (2019), Bishwanath Upadhyay (2047), Laxman Prasad Aryal (2063)} 

4. Nepal ko Sambidhan, 2019

Constitution of Nepal, 2019 B.S. issued by King Mahendra on Paush 1, 2019.
First Amendment Provisions of Return to Village National Campaign (Gaun Farka Rashtriya Abhiyan) were added on 14 Magh 2023 B.S.
Second Amendment On 26 December 2032, the provisions of the Commission for the Prevention of Abuse of Authority were added.
Third Amendment The provision of the Election Commission has been added in 2037 B.S. 
[20 Parts, 97 Articles, 6 Schedules] 
Sovereignty and state power vested in the king. 
Two types of citizenship by birth and adoption.
Arrangement of 140 members Unicameral Rashtriya Panchayat. 
It consists of 28 members nominated by Shri 5 and 112 elected.
Formation of various bodies of Panchayat at the local level including village assembly, municipal council, village panchayat, Nagar panchayat, District panchayat at the district level, and Zonal assembly at the zonal level. 

5. Nepal Adhirajya ko Sambidhan, 2047

Constitution of the Kingdom of Nepal, 2047 B.S. 2047 Kartik 23. 
[23 Parts, 133 Articles, 3 Schedules] 
Sovereignty in the Nepali people for the first time.
Bicameral Legislature: National Assembly (60 members), House of Representatives (205 members). Provision of not to make law in such a way that it is punishable by the death penalty.
Provision of the Constitutional Council to recommend the appointment of the members of the constitutional body.

6. Nepal ko Antarim Sambidhan, 2063

Interim Constitution of Nepal 2063 B.S., after the success of People's Movement (2nd) of 2062/63, 
The reconstituted House of Representatives promulgated this constitution on Magh 1, 2063 B.S., and the Constitution of Nepal on Asoj 3, 2072 B.S. repealed this constitution. 
[25 Parts, 167 Articles, 4 Schedules] 
The Interim Constitution of Nepal 2063 was amended 12 times. 
Sovereignty and state power vested in the Nepali people for the first time. 
All mother tongues spoken in Nepal shall be the national language of Nepal. 
Arrangement of four types of citizenship including descent birth and honorary citizenship. 
Provision of 21 fundamental rights. 
Provision of a proportional electoral system for the first time. 
Constituent Assembly with 601 members; Of these, 240 are directly elected, 335 are members under the proportional representation system and 26 are nominated by the Council of Ministers. 
End of monarchy and arrangement of President as Head of State. 
The Supreme Commander of the Nepal Army will be the President. 
Flexible arrangement to amend any section.
On 5 Mansir 2063 B.S., a Comprehensive Peace Agreement was signed between the Government of Nepal and the then CPN-Maoist. 

7. Nepal ko Sambidhan

Constitution of Nepal
Key Features:
  • Constitution of Nepal (Nepal ko Sambidhan), 2072 Asoj 3 is the first constitution in the history of Nepal via the Constitution Assembly. 
  • Nepal is accepted as a secular nation.
  • Citizenship can be obtained in the name of both mother and father. 
  • Nepal is divided into seven provinces in a federal structure with the three-level state structure as Union, provinces, and local levels. 
  • President as Head of State. 
  • The Prime Minister elected in the Parliament will be the Executive Head.
  • No no-confidence motion against the Prime Minister for two years 
  • Clear definition of the number of members in the Council of Ministers and the number of members in the Legislative Assembly.
  • The state will have a chief minister elected by the state parliament and a state chief (Governor) appointed by the president. 
  • The Constitutional body has been clearly defined, according to which there will be 13 constitutional bodies.
  • To have a unicameral legislature in the States and a bicameral legislature at the Union. 
  • The functions, duties, and rights of all three levels of government are clearly defined in the constitution.
  • A referendum can be held on any issue of national importance.
  • Arrangement to be given by the President on the recommendation of the Council of Ministers. 
  • Provision of the Constitutional Council for the recommendation of the appointment of the members of the constitutional bodies.
  • Provision of a Security Council chaired by the Prime Minister to recommend the mobilization of the Nepal Army.
  • The President may, on the recommendation of the Council of Ministers, suspend, change or reduce the sentence of any court, special court, or body. 
  • The duties of citizens have been arranged. 
  • All mother tongues spoken in Nepal have been recognized as national languages. 
  • No law can be made to impose the death penalty.
  • The symbol of the national unity of Nepal and Nepali people has been accepted by the President.
  • Arrangement for the formation of constituencies for the election of the President and Vice-President.
  • Legislature-Parliament will be formed on the basis of child suffrage through a mixed electoral system. The National Assembly will remain as a permanent house.
  • The provision that the Union Finance Minister should submit the income and expenditure statement of the country to the Federal Parliament on Jesth 15 of each year. 
  • Provision of (Antar Pradesh Parishad) Inter-state Council under the chairmanship of the Prime Minister to resolve disputes between the Union and the provinces or between provinces. 
  • Provision of Judicial Council, Judicial Service Commission. 
  • Nepal's independence, sovereignty, geographical integrity, national unity, independence, and self-respect have been kept intact and the people's right to sovereignty, autonomy, and self-governance have been assimilated. 
  • Commitment to a competitive multi-party democratic system of governance, civil liberties, fundamental rights, human rights, adult suffrage, periodic elections, full freedom of the press, and the concept of an independent, impartial and competent judiciary and the rule of law. 
  • Preserving and promoting unity among diversity, socio-cultural solidarity, tolerance, and harmony, recalling the glorious history of sacrifices and sacrifices made by the Nepali people for the nation, democracy, and progressive change.
  • It is resolved to end all forms of discrimination and build an egalitarian society. 
  • Nepal will be an independent, indivisible, sovereign, secular, inclusive, democratic, socialist-oriented, federal democratic republic. 
  • Nepal's independence, sovereignty, geographical integrity, nationality, independence, self-respect, protection of the rights and interests of Nepalis, border security, economic prosperity, and prosperity will be the basic issues of Nepal's national interest and conduct and actions against the national interest will be punishable. 
  • All mother tongues spoken in Nepal are national languages, Nepali written in Devanagari script is the official language. 
  • Provision of 9 Schedules (National Flag, National Anthem, Coat of arms, Provinces and Districts, Union Rights, Territorial Rights, Union, and Territorial Common Rights, Local Level Rights, Common Rights of All Levels).
  • Provision of single federal citizenship with provincial identity.
  • Descendant, Adopted, Honorary, Non-resident Nepali citizenship.
  • No law can be made to punish the death penalty.
  • Provision of 31 fundamental rights.
  • Provision of free and compulsory education up to basic level and free education up to secondary level.
  • All children have equal rights to ancestral property without gender discrimination.
  • The disabled are entitled to free legal aid in accordance with the law.
  • Provisions related to the duties of a citizen.
  • Directive principles, policies, and responsibilities of the state.
  • There are 761 active governments in Nepal, including 7 provinces, 753 local levels, and the federal government.
  • Nepal's form of government will be a multi-party competitive federal democratic republican parliamentary system based on pluralism (Article 74). 
  • The executive power of Nepal will be in the Council of Ministers.
  • Provisions regarding the formation of the Council of Ministers (Article 76).
  • The federal legislature will be bicameral Out of 275 members in the House of Representatives, 165 will be elected first past the post system and 110 will be elected according to the proportional representation system. (Candidate should be 25 years of age, the term should be for five years) 59 members in the National Assembly; There are 56 members (8x7 provinces) elected by the constituency consisting of state assembly members and Rural municipalities' chairpersons and vice-chairpersons and the municipal mayor and deputy mayor, and a total of 59 members, including three nominated by the President on the recommendation of the Government of Nepal. 
  • The term of the member of the National Assembly shall be 6 years; Must have completed 35 years to be elected a member of the National Assembly. 
  • One of the Speaker and Deputy Speaker of the House of Representatives and one of the Chairperson and Vice-Chairperson of the National Assembly should be a woman. 
  • Provision of Supreme Court, High Court, and District Court.
  • Recognition of 13 constitutional organs / bodies.
  • Referendum arrangement (Section 275). 
  • Special provisions regarding the citizenship of the Top Positions: President, Vice President, Prime Minister, Chief Justice, Speaker of the House of Representatives, Chairperson of the National Assembly, Head of State, Chief Minister, Speaker of the State Assembly, and Head of the Security Forces. 
  • Nepal's independence, sovereignty, geographical integrity, and sovereignty vested in the people are irrevocable issues. 13 constitutional bodies 1. Commission for Investigation of Abuse of Authority 2. Auditor General 3. Public Service Commission 4. Election Commission 5. National Human Rights Commission 6. National Natural Resources and Finance Commission 7. National Commission for Women 8. National Dalit Commission 9. National Inclusive Commission 10. Tribal Commission 11. Madhesi Commission 12. Tharu Commission 13. Muslim Commission 
  • The first amendment to the Constitution of Nepal, Article 42, 84, and 286.
  • The values and principles enshrined in the Constitution of Nepal Nepal's independence, sovereignty, geographical integrity, national unity, independence, and self-respect. 
  • To assimilate the sovereign rights of the people, the right to autonomy and good governance Remembering the historic people's movement for nationality democracy and progressive change, the sacrifices and sacrifices of the armed struggle, and the truth and respect for the disappeared and the victims. 
  • Preservation and promotion of unity, socio-cultural solidarity, tolerance, and harmony among the diversity by assimilating the multi-ethnic, multi-lingual, multi-religious, multi-cultural, and geographically diverse characteristics. 
  • To build an egalitarian society based on the principles of proportional inclusion and participation to ensure economic equality and social justice by ending class, ethnic, regional, linguistic, religious, gender, and all forms of ethnic untouchability. 
  • Competitive Multiparty Democratic Governance, Civil Liberties, Fundamental Rights, Human Rights, Adult Suffrage, Periodic Elections, Full Press Freedom and Commitment to Building a Prosperous Nation by Committing to Socialism Based on the Concept of Independent Fair and Capable Judiciary Aim for sustainable peace, good governance, development, and prosperity through federal democratic republican governance.
  • Provisions related to Citizenship on the basis of descent, Adopted citizenship, Honorary citizenship, Non-resident Nepali citizenship, Citizenship of a person residing in the merged territory of Nepal. 
Susmita Paudel

Susmita Paudel, People who teach what has learnt. "सिकेको कुरा सिकाउने मान्छे". Write on the Constitution, Management, Economics, and Current Affairs niche.

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