Learn the meaning of fundamental rights, newly recognized rights under Nepal’s Constitution 2072, and the rights that cannot be suspended during a state of emergency.
Fundamental Rights under the Constitution of Nepal, 2072
1. Meaning of Fundamental Rights
Fundamental rights are the basic rights guaranteed to individuals by the Constitution of a country. These rights are related to essential aspects of human life, such as dignity, liberty, equality, and personal security. They are often regarded as rights enforceable against the State because public authorities are constitutionally obligated to respect, protect, and fulfil them. If these rights are violated, an individual may approach the courts for constitutional remedies.
2. Fundamental Rights Newly Recognized under the Constitution of Nepal, 2072
Articles 16 to 46 of the Constitution of Nepal, 2072 (2015) provide for 31 fundamental rights. The Interim Constitution of Nepal, 2063 had also guaranteed fundamental rights, but the Constitution of 2072 expanded and clarified their scope and coverage. Some rights that were previously covered under broader provisions were given separate constitutional recognition, while several rights were expressly articulated as distinct fundamental rights.
The following seven rights are commonly identified in the supplied study material as newly recognized fundamental rights:
Right to live with dignity
Rights of crime victims
Right to food
Right to housing
Rights of Dalits
Rights of senior citizens
Rights of consumers
These provisions reflect the Constitution’s broader commitment to protecting individual dignity, promoting social justice, and safeguarding the rights of disadvantaged and vulnerable groups.
3. Fundamental Rights That Cannot Be Suspended during a State of Emergency
Under Article 273(10) of the Constitution of Nepal, certain fundamental rights cannot be suspended even when a state of emergency has been declared. The rights and constitutional remedies protected from suspension are as follows:
| Constitutional provision | Right protected |
|---|---|
| Article 16 | Right to live with dignity |
| Article 17(2)(c) and (d) | Freedom to form political parties, and freedom to form unions and associations |
| Article 18 | Right to equality |
| Article 19(2) | Right to communication |
| Article 20 | Rights relating to justice |
| Article 21 | Rights of crime victims |
| Article 22 | Right against torture |
| Article 24 | Right against untouchability and discrimination |
| Article 26(1) | Freedom of religion |
| Article 29 | Right against exploitation |
| Article 30 | Right to a clean environment |
| Article 31 | Right to education |
| Article 32 | Right to language and culture |
| Article 35 | Right to health |
| Article 36(1) and (2) | Right to food |
| Article 38 | Rights of women |
| Article 39 | Rights of children |
| Article 40(2) and (3) | Specified rights of Dalits |
| Article 41 | Rights of senior citizens |
| Article 42 | Right to social justice |
| Article 43 | Right to social security |
| Article 45 | Right against exile |
| Article 46 | Right to constitutional remedies in relation to the above protected rights |
| Article 273(10) | Right to the remedy of habeas corpus |
Thus, the Constitution expressly protects these rights from suspension during an emergency. The protection also extends to the right to constitutional remedies under Article 46 in relation to the rights listed in Article 273(10), as well as the remedy of habeas corpus.
Conclusion
Fundamental rights are constitutionally guaranteed rights that safeguard human dignity, liberty, equality, and social justice. The Constitution of Nepal, 2072 provides a broad range of fundamental rights and expressly protects specified rights and remedies from suspension even during a state of emergency. These constitutional safeguards are essential for protecting individuals from arbitrary state action and upholding the rule of law.
Legal accuracy note: The right to live with dignity was already recognized under Article 12(1) of the Interim Constitution of Nepal, 2063, although it was included within the broader provision on the right to freedom. Therefore, describing it as an entirely new right requires qualification: the 2015 Constitution gave it a separate article and more explicit constitutional status. For an exam answer, distinguish between a right that was entirely new and one that received separate or clearer recognition.
Constitution of Nepal, Fundamental Rights, Article 273, State of Emergency, Loksewa Preparation, PSCInsight