Notes of features of constitutional history of Nepal from 2004 to 2072
1. Government of Nepal Act 2004.
It is the first written constitution of Nepal, and the constitutional history of Nepal has been started from this constitution.
- By Padma Shumsher JBR, promulgated on 1st Baisakh 2005.
- Nepal’s first written constitution
- It never came into effect
- Civil liberties and FRs and duties – (part 2)
- Duties of citizens- section 5
- Executive power vested in Shree 3 Maharaj (part 3)
- Provision of Bicameral legislature
- Provision of Pradhan Nyayalaya (part 5)
- Concept of general peoples' participations in the government.
2. Nepal interim Government (constitutional) Act 2007:
- Declared by king Tribhuwan
- Passed on 17th Chaitra 2007.
- Provision of directive principles DPs (part 2)
- Concept of 1st general election
- Provision regarding, Election commission, auditor general, public service commission
- Executive- king
- Legislative- unicameral (part 2)
- Judiciary—Pradhan Nyayalaya
- FR was included under the directive principles. (Article 2 to 20- Fundamental Rights)
3. constitution of kingdom of Nepal 2015:
- Drafted by British constitutional expert Sir Ivor Jennings.
- Declared by king Mahendra
- Constitutional monarchy
- Constitution as fundamental law (Article 1)
- Fundamental rights (article 3,4,5, 6…
- Multiparty democracy
- Provision of amendment of constitution
- Provision of state emergency (Article 55)
- Executive—king.
- Legislative—Bicameral (Mahasabha and HOR)
- Judiciary—chief justice and others (Article 57)
- FR (Art 3 to 9)
4. The Constitution of Nepal 2019:
(Amended for 3 times)
Features:
- Drafted by constitution expert Rishikesh Shah.
- Declared by king Mahendra
- Came in effect on 1st Poush 2019.
- Constitution as fundamental law (Article 1)
- Active monarch (Article 3)
- Nepa as Hindu kingdom (Article 4)
- Sovereignty vested in king.
- Executive, legislative and judiciary power vested in King.
- Rastriya panchayat as unicameral legislature.
- FR (Art 9 to 16), DPs (Art 18 and 19)
5. The constitution of Kingdom of Nepal 2047:
- Drafted by constitution drafting committee headed by Mr. Bishwanath Upadhyaya.
- Declared by king Birendra on 23rd Kartik 2047.
- Constitution as fundamental law (Article 1)
- Sovereignty vested on people(Article 2)
- Nepal as Hindu state (Article 4)
- Constitutional monarchy (Article 4, Article 35(2))
- Multiparty democracy
- Preamble as basic structure. (recognized in rabi raj Bhandari Vs PM Manmohan Adhikari)
- Provision of FRs and DPs
- Partial separation of power, check and balance
- King as head of state
- Bicameral parliament (HOR and NA)
- Judiciary 3 tiers of courts
- Concept of independence of judiciary and judicial review.
- Provision of constitutional council, judicial council.
- Provision of state of emergency.
- Provision of amendment of constitution
- Provision of ratification of treaty.
- FRs (Article 11 to 23).
6. The interim constitution of Nepal 2063;
- It overthrows 238 years old monarchial system.
- Supremacy of constitution. (Article 1).
- Sovereignty vested on people (Article 2).
- Republic state (Article 4)
- Secular state (Article 4)
- Inclusive State (Article 4)
- Fundamental rights (Article 12 to 32)
- Directive principles (Articles 33 to Article 36)
- President as Head of state.
- Executive power – cabinet of ministers
- Constituent assembly (601 members)
- Independence of judiciary.
- FRs (Article 20-32)
(No provision of right of victims, senior citizens, Dalit, consumer, housing, food and language as separate fundamental rights.) refer this to find difference of this constitution with constitution of Nepal.
7.Constitution of Nepal (2015):
Features:
- Drafted by second constituent assembly.
- Promulgated by president Dr. Ram Baran Yadav.
- Came into effect on 3rd Ashoj 2072.
- Constitution as fundamental law (Article 1)
- Sovereignty vested on people (Article 2)
- Multiethnic, multilingual, multireligious, multicultural state (Article3)
- Secular state.
- Socialism oriented state
- Secular oriented state (Article).
- Federal democratic Republican state.
- All languages spoken as language of nation (Article6)
- Nepali as Devanagari as official language (Article 7)
- Citizenship and dual citizenship to NRN (Part 2)
- Fundamental rights and duties (Part3)
- Directive principles, policies and obligation of state of state (Part 4)
- Parliamentary form of government
- President as head of state
- Prime minister as head of government
- Bicameral parliament
- 3 tiers of courts - Judiciary
- Ordinance (Article 114)
- Provision of amendment of constitution (Article 274)
- Provision of referendum (Article 275)
- FRs (Article 16 to 46)
Constituent Assembly (Article 63 to 83, 0f 2063 constitution.)
Consist of 601 members in which;
- 240 elected direct
- 335 proportional
26 members nominated by cabinet.
Prepared and edited by Madhu Dahal and Manish Rajak.
