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Fundamental Rights under the Constitution of Nepal 2072: New Rights and Non-Suspendable Rights

Fundamental rights, newly recognized rights under Nepal’s Constitution 2072, and the rights that cannot be suspended during a state of emergency.

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:

  1. Right to live with dignity

  2. Rights of crime victims

  3. Right to food

  4. Right to housing

  5. Rights of Dalits

  6. Rights of senior citizens

  7. 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 provisionRight protected
Article 16Right to live with dignity
Article 17(2)(c) and (d)Freedom to form political parties, and freedom to form unions and associations
Article 18Right to equality
Article 19(2)Right to communication
Article 20Rights relating to justice
Article 21Rights of crime victims
Article 22Right against torture
Article 24Right against untouchability and discrimination
Article 26(1)Freedom of religion
Article 29Right against exploitation
Article 30Right to a clean environment
Article 31Right to education
Article 32Right to language and culture
Article 35Right to health
Article 36(1) and (2)Right to food
Article 38Rights of women
Article 39Rights of children
Article 40(2) and (3)Specified rights of Dalits
Article 41Rights of senior citizens
Article 42Right to social justice
Article 43Right to social security
Article 45Right against exile
Article 46Right 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

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