Introduction
Adopted on 20 September 2015 (B.S. 2072), the Constitution of Nepal is the country’s first republican charter. It replaced the 2007 interim constitution, defining Nepal as a federal democratic republican state. It serves as the fundamental law of the land, ensuring sovereignty lies with the people.
Main Content
- Structure: The constitution consists of 35 Parts, 308 Articles, and 9 Schedules.
- State Identity: Article 4 defines Nepal as an independent, indivisible, sovereign, secular, inclusive, and socialism-oriented federal democratic republican state.
- Fundamental Rights: Part III contains 31 fundamental rights, including the right to life with dignity, equality, and specific rights for women, children, and Dalits.
- Constitutional Remedy: Article 133 allows citizens to approach the Supreme Court to enforce their fundamental rights.
- Federal Structure: Establishes a three-tier government: Federal (Central), 7 Provincial, and 753 Local units.
- Schedules of Power: Schedule 5 (Federal), Schedule 6 (Provincial), and Schedule 8 (Local) define exclusive powers for each level.
- Constitutional Bodies: Parts 21–28 establish independent bodies like the CIAA, Auditor General, and Public Service Commission.
- Amendment Process: Part 31 outlines how the constitution can be amended, requiring provincial consent if borders are affected.
Key Takeaways
- The Constitution of Nepal was promulgated on 20 September 2015.
- There are 31 fundamental rights guaranteed in Part III.
- Nepal is divided into 7 provinces and 753 local levels.
- Sovereignty and state authority are vested in the people of Nepal.
What to Avoid
- Do not confuse the number of parts (35) with the number of schedules (9).
- Do not assume secularism means the absence of religion; Article 4 defines it as the protection of all religions and cultures.
- Do not forget that the right to constitutional remedy (Article 133) is what makes other rights enforceable.
FAQ
Q1: When was the current Constitution of Nepal promulgated? It was promulgated on 20 September 2015 (Ashoj 3, 2072 B.S.).
Q2: How many fundamental rights are there in the 2015 Constitution? There are 31 fundamental rights listed in Part III.
Q3: What are the three tiers of government in Nepal? Federal, Provincial, and Local governments.
Q4: Which article defines the identity of the Nepali state? Article 4 defines Nepal as a federal democratic republican state.
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