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The Nepal Constitution of 1990 : Preliminary Considerations
The Nepal constitution of 23 Kartik, 2047 V.S. (November 9, 1990
A.D.) is a bold attempt to institutionalize the goals of the
popular movement of the Spring of 1990. In a dramatic reversal
of previous formulations, it places sovereignty in the people
and makes the king the symbol of the nation, thus legally
transforming the state from an absolute to a constitutional
monarchy. It reinstates the system of multiparty democracy
absent since the brief democratic experiment of the 1950's, and
presents guarantees of new basic rights. The subsequent
completion of elections and formation of a new Government
according to its provisions, even with the problems and
conflicts common to such fundamental political restructurings,
have provided decisive steps towards transforming it from a
theoretical document to a living reality.
The 1990 constitution will affect first of all the lives of the
people of Nepal, but also will have its effects on the work of
scholars who do research in Nepal, whether or not their fields
of study center on contemporary politics. As an institutional,
and in some sense revolutionary, manifestation of the worldwide
pro-democracy movements of the early 1990's, the Nepal
constitution should also be of interest to scholars of other
areas and general theorists interested in political change and
democratic movements. Its full significance and effects will not
be known for some time to come; but even at an early stage of
its implementation and interpretation, it raises issues that
deserve preliminary consideration.
Structure and Models
The new Nepal constitution is a complex document which includes
a preamble, 133 articles grouped into 23 parts, and 3 appended
schedules:
Preamble
Part 1: Preliminary
Part 2: Citizenship
Part 3: Fundamental Rights
Part 4: Directive Principles and Policies of the State
Part 5: His Majesty
Part 6: Raj Parishad
Part 7: Executive
Part 8: Legislature
Part 9: Legislative Procedure
Part 10: Financial Procedure
Part 11: Judiciary
Part 12: Commission for the Investigation of Abuse of Authority
Part 13: Auditor-General
Part 14: Public Service Commission
Part 15: Election Commission
Part 16: Attorney-General
Part 17: Political Organisations
Part 18: Emergency Power
Part 19: Amendment of the Constitution
Part 20: Miscellaneous
Part 21: Transitional Provisions
Part 22: Definitions and Interpretation
Part 23: Short Title and Commencement
Schedule 1: National Flag
Schedule 2: National Anthem
Schedule 3: Coat-Of-Arms
The first four parts deal with primary issues and definitions of
the state, sovereignty, citizenship, rights and policies. Parts
5 and 6 are concerned with the King and the council on royal
affairs,known as the Raj Parishad. Parts 8-11 cover the 3 main
branches of government: executive, legislative and judiciary;
and parts 12-16 have to do with major investigative and
administrative commissions and offices. The remaining sections,
parts 17-23, relate to various issues and institutions not
covered in the other parts, ranging from one-time issues
concerning the transition between old and new constitutions, to
technical definitions; of special note here are the provisions
regarding political parties (Part 17), a crucial issue in the
1990 demonstrations that gave rise to the new constitution, and
the emergency powers provisions of Part 18, providing for
temporary suspensions of political rights in times of crisis.
While the organization of the constitution generally seems
straightforward, the seven-article Part 1, labeled
"Preliminary", at first glance might seem a random collection of
subjects ranging from the vital and profound to the
near-trivial:
Preliminary
1. Constitution as the Fundamental Law
2. The Nation [=people irrespective of religion, race, caste or
tribe]
3. The Sovereignty [vested in the Nepalese people]
4. The Kingdom [multiethnic, multilingual, democratic,
independent, indivisible and sovereign Hindu Constitutional
Monarchical Kingdom; territory of Nepal]
National Flag
6. Language of the Nation [Nepali="language of the nation" and
official language; all languages spoken as mother tongue in
Nepal are "national languages"]
7. National Anthem etc. [national flower, national color,
national animal, national bird, coat of arms,including its
enlargement or reduction and color].
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THE CONSTITUTION OF THE KINGDOM OF NEPAL 2047
(1990) |
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