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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)

  1. The Constitution is the fundamental law of the land.
  2. 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.
  3. Sovereignty resides in the Nepalese people.
  4. Nepal has been declared a multi-ethnic, multi-lingual, democratic, independent, indivisible, sovereign, Hindu and Constitutional Monarchical Kingdom.
  5. Nepal has been recognized as the national and official language. All other languages spoken as the mother tongue are the languages of the Nation.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. Tax cannot be imposed or realized without the authority of law.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. 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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