Salient Features of the Constitution of the Kingdom of Nepal, 1990
The Constitution of the Kingdom of Nepal was promulgated by His late
Majesty King Birendra Bir Bikram Shah Dev on November 9,1990. The
following are the salient features of the constitution of the kingdom
of Nepal,2047(1990)
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The Constitution
is the fundamental law of the land.
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The preamble of
the Constitution envisage guarantee of the fundamental rights of
every citizen, the protection of his liberty, consolidation of the
parliamentary government, constitutional monarchy and multi-party
system and to provide for independent judicial system.
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Sovereignty
resides in the Nepalese people.
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Nepal has been
declared a multi-ethnic, multi-lingual, democratic, independent,
indivisible, sovereign, Hindu and Constitutional Monarchical
Kingdom.
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Nepal has been
recognized as the national and official language. All other
languages spoken as the mother tongue are the languages of the
Nation.
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Part 3 of the
Constitution provides for the fundamental rights of the citizens,
which includes all citizens to be equal before law; no
discrimination is to be made on the basis of religion, race, sex,
caste, tribe or ideology and the citizens are thus to be treated on
the basis of equality; no person can be deprived of his liberty
except in accordance with law; and capital punishment stands
abolished; freedom of expression, freedom to assemble peaceably and
without arms, freedom to form unions, associations and freedom of
movement have also been guaranteed. Similarly, pre-censor of
publications has been prohibited and thus right to press and
publications has been ensured.
In the sphere of criminal justice, the following rights have been
provided for in the Constitution: No person is to be punished unless
made punishable by law; no person is to be prosecuted more than once
in any offence; no one is compelled to be witness against himself;
no one is to be given punishment greater than what the law at the
time of offence has prescribed; cruelty on the detinue's has been
prohibited; none is to be detained without giving information about
the ground of such detention; and the detenue or the arrested person
must be produced within twenty-four hours of such arrest before the
judicial authority. In addition, provision has also been made to
compensate any person who has been wrongfully detained under the
preventive detention law. Right to property has been ensured and
right to protect and promote one's own language, script and culture
as well as the right to education up to primary level in the child's
mother tongue has been safeguarded. Similarly, right to religion and
right to manage and protect the religious places and trusts has been
given to the religious groups.
In the same manner, rights against exploitation and exile have been
provided in the Constitution. Right to get information about matters
of public importance and the right to secrecy and inviolability of
the person, residence, property, documents, letters and other
information have also been guaranteed.
Right to remedy for the protection and enforcement of rights vested
by the Constitution has also been laid down in the Statute.
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The Constitution
lays down various directive principles and policies for the State to
observe in matters of political, economic social development and
foreign affairs etc.
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His Majesty is
the symbol of Nepalese nationality and the unity of the people of
Nepal. The expenditures and the privileges relating to His Majesty
and the Royal Family are to be determined by law. His Majesty's
income and property are exempt from tax.
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The executive
powers of the country have been vested in His Majesty and the
Council of Ministers. The direction, supervision and conduct of the
general administration of the Kingdom of Nepal are the
responsibility of the Council of Ministers. All acts to be performed
by His Majesty, except those which are within His exclusive domain
or which are to be done on the recommendation of some other
institutions or officials, will be performed only with the advice
and consent of the Council of Minister.
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His Majesty is
to appoint the leader of the political party commanding majority in
the House of Representatives as Prime Minister and other Ministers
are to be appointed from amongst the members of the Parliament on
the recommendation of the Prime Minister. The Constitution provides
for joint and several responsibility of the Council of Ministers
towards the House of Representatives. In case no single party wields
a majority in the House, the member who commands a majority on the
basis of two or more parties shall be asked to form the Government.
And if this also is not the case then His Majesty may ask a member
of the party having the largest number of members to form the
Government. In case these special situations occur, the leader
forming the Government must obtain a vote of confidence within
thirty days. If such confidence is lacking, His majesty is to
dissolve the House, and order fresh election to be held within six
months.
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The Parliament
is to be bicameral having the House of Representatives and the
National Council. His Majesty, the House of Representatives and the
National Council together form the Parliament of the country. The
House of Representatives shall have two hundred and five members and
all persons who have attained the age of eighteen years shall be
eligible to vote on the basis of adult franchise. The National
Council shall have sixty members consisting of ten nominees of His
Majesty, thirty five members including three women members to be
elected by the House of Representatives and fifteen members to be
elected by the electoral college comprising of the voters including
the Chairman and the Deputy Chairman of the local committees of
various Development Regions. The tenure of office of the members of
the House of Representatives shall be five years and those of the
National Council six years. The National Council is to be a
permanent body.
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Tax cannot be
imposed or realized without the authority of law.
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Courts of Nepal
will have three tiers: the Supreme Court, the Appellate Courts and
the District Courts. The Supreme Court is the apex Court and is a
Court of Record.
The Supreme Court will consist of a Chief Justice and fourteen other
Judges. While the appointment of the Chief Justice is to be made on
the recommendation of the Constitutional Council, other Judges of
the Supreme Court, the Appellate Courts and the District Courts are
to be made on the recommendation of the Judicial Council. All the
Judges are to be appointed by His Majesty on such recommendation.
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The Constitution
also makes provisions for the establishment of institutions like Raj
Parishad and its Standing Committee, Public Service Commission,
Auditor General, Election Commission, Attorney General, Abuse of
Authority Investigation Commission, etc. Appointment of officials of
the Public Service Commission, Auditor General, Abuse of Authority
Investigation Commission and Election Commission is to be made by
His Majesty on the recommendation of the Constitutional Council.
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Political
parties are required to register with the Election Commission and in
order to get recognition a party must have five percent women
candidates and should obtain at least three percent of the total
vote caste in the election to the House of Representatives. It has
been specifically provided that no law is to be passed which bans or
lays restrictions on political parties.
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If and when
there is a grave emergency in the country caused by a threat to the
sovereignty, indivisibility or security of the country due to war,
foreign aggression, armed revolt and extreme economic depression,
His Majesty may declare a State of Emergency in the Country. These
declarations must obtain the approval of the House of
Representatives within three months.
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During the
emergency most fundamental rights, with the exception of the right
to the remedy of Habeas Corpus, right to equality, right to form
unions and associations, cultural and educational right, right to
religion, right against exploitation and right against exile may be
suspended.
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A two-third
majority in each House of the Parliament may amend the Constitution.
However, the amendments or repeal of any of the Articles of this
Constitution cannot frustrate the spirit of the Preamble of this
Constitution.
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His Majesty is
the Supreme Commander-in-Chief of the Royal Nepal Army. The Royal
Nepal Army is to be administered and deployed by His Majesty on the
recommendation of the National Defense Council. The
Commander-in-Chief is to be appointed on the recommendation of the
Prime Minister. The National Defense Council will consist of the
Prime Minister as the Chairman and the Defense Minister and the
Commander-in-Chief are to be its members.
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The treaties and agreements to which the Kingdom of Nepal or His
Majesty's Government is a party are to be ratified, acceded,
accepted or approved in the manner as laid down by law. On matters
which involve inter-alia the subjects of defense and strategic
alliance, the boundaries of the Kingdom of Nepal, agreement of peace
and friendship which are to be have serious, pervasive and long term
effect on the nation and treaties concerning the utilization and
distribution of natural resources have to be approved by a two third
majority of the members of both Houses present and voting in the
joint session of the Parliament
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