Kara Sears
Nepal has had at least two constitutions. The first was enacted in January 1948, but it was short-lived due to the resignation of the Prime Minister before it could take effect. An Interim Constitution was established in March 1951, which reinstated the constitutional monarchy, created a Bill of Rights, and returned traditional powers to the king. This was followed by the constitution of 2015, which embraced the sovereign right of the people to autonomy and self-rule, maintained Nepal's independence and sovereignty, and established a multi-party, competitive, federal democratic republican system of governance.
| Characteristics | Values |
|---|---|
| Year | 2015 |
| Type of government | Federal democratic republic |
| System of governance | Multi-party, competitive, federal democratic republican parliamentary system based on plurality |
| Official language | Nepali language in the Devanagari script |
| Rights | Civil, political, economic, social, cultural, and fundamental rights |
| Duties of citizens | Safeguard the nationality, sovereignty and integrity of Nepal; be loyal to the nation; abide by the Constitution and law; render compulsory service as and when required by the State; and protect and promote public and national property |
| Executive power | Vested in the Council of Ministers |
| Legislative power | Bicameral Federal Legislature consisting of the House of Representatives and the National Assembly (Federal Parliament) |
| Judicial power | Independent, impartial, and competent judiciary |
| Objectives | Freedom, sovereignty, territorial integrity, national unity, independence, dignity, and prosperity of Nepal; social cohesion, solidarity, harmony, and cultural diversity; and a socialism-oriented economy |
Explore related products
![Constitutional Law [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/61qrQ6YZVOL._AC_UY218_.jpg)
What You'll Learn
Nepal's 2015 Constitution
The 2015 Constitution of Nepal outlines the country's fundamental law and establishes Nepal as an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republic. It safeguards the independence, sovereignty, territorial integrity, nationality, freedom, and dignity of Nepal and the rights of its citizens. The Nepali language in the Devanagari script is established as the official language of Nepal, with all other natively spoken languages recognised as languages of the nation.
The Constitution also establishes a federal structure for Nepal, dividing the country into seven provinces with clearly defined legislative powers for central, provincial, and local bodies. This aspect was particularly controversial, as some ethnic communities, especially in the Terai region bordering India, were unhappy with the proposed boundaries of the new provinces. The Tharu and Madhesi groups advocated for provinces to be demarcated based on the concentration of ethnic populations, but this was objected to by the three major parties, who argued that it would lead to further protests and violence demanding more ethnically-based provinces.
The 2015 Constitution also outlines the duties of citizens, including safeguarding the nation's sovereignty and integrity, loyalty to the country, abiding by the Constitution and laws, rendering compulsory service when required by the state, and protecting and promoting public and national property. It guarantees various civil, political, economic, social, and cultural rights, including the right to life with dignity, freedom, equality, communication, justice, property, freedom of religion, information, privacy, language, and culture, among others.
The executive power of Nepal is vested in the Council of Ministers, with the President appointing the parliamentary party leader of the majority party in the House of Representatives as the Prime Minister. The Constitution also stipulates that no-confidence motions cannot be moved until the first two years of the Prime Minister's appointment.
Watergate's Legal Legacy: Post-Scandal Laws and Their Impact
You may want to see also
Explore related products
Duties of Nepali citizens
The Constitution of Nepal outlines the duties of Nepali citizens, which include safeguarding the nation's sovereignty, unity, and integrity. Nepali citizens are expected to be loyal to their country and abide by the Constitution and laws, such as traffic rules and environmental regulations. They are also responsible for paying taxes honestly and on time, as taxes fund essential public services like schools and hospitals. Additionally, citizens are expected to render compulsory service when required by the state and protect public and national property.
Beyond legal duties, Nepali citizens have a moral responsibility to promote the national interest and ensure social justice. This includes upholding human rights, advocating for democracy, and participating in environmental conservation efforts. Civic engagement is crucial, and citizens can contribute by volunteering for local initiatives, staying informed about laws and regulations, and holding civil society, businesses, and political parties accountable.
The Constitution grants 31 fundamental rights to Nepali citizens, empowering them to live with dignity, freedom, equality, and respect, free from violence, exploitation, and abuse. These rights include freedom of religion, information, privacy, language, and culture, as well as economic, social, and cultural rights. However, with these rights come responsibilities, and citizens are expected to contribute to the betterment of the nation.
Nepalese society has traditionally been duty-based, and citizens are expected to play a role in nation-building. This includes exercising one's right to vote responsibly, participating in community service projects, and respecting the rights of others. By fulfilling these duties, citizens contribute to the larger goal of creating a prosperous and peaceful Nepal.
Nepali citizenship is regulated by the 2015 Constitution of Nepal, the Nepal Citizenship Act of 2006, and the Nepal Citizenship Regulations of 2006. Citizenship is based on the principles of jus sanguinis or bloodline, with a person born to Nepali citizens having a claim to citizenship. The Nepal Citizenship Act of 2006 allows for the acquisition of citizenship by birth in Nepal under certain conditions and enables non-resident Nepalis to hold dual citizenship with limited rights.
Engineers of Apartheid: The Laws' Creators
You may want to see also
Explore related products
The executive power of Nepal
The current constitution of Nepal establishes the country as a Federal Democratic Republic, with the Government of Nepal as the central executive authority. The head of state is the President, who is responsible for appointing the heads of constitutional bodies, except for the attorney general, who is appointed based on the Prime Minister's recommendation. While the President is the head of state, the Prime Minister is the head of executive and leads the government. The Prime Minister selects all other ministers, and a Federal Council of Ministers is formed, not exceeding 25 ministers, including the Prime Minister.
The Federal Legislature consists of two Houses: the House of Representatives and the National Assembly, collectively called the Federal Parliament. The House of Representatives is the lower house of the Federal Legislative, while the National Assembly is the upper house.
Historically, the character of the government in the Kingdom of Nepal was influenced by the consultative state capacity of the previous Gorkha hill principality, known as Bharadar. The Bharadars formed a consultative body in the kingdom, holding important roles as counsellors, ministers, and diplomats. The policies of these governments were derived from ancient Hindu texts such as Dharmashastra and Manusmriti, with the King considered an incarnation of Lord Vishnu and the chief authority over legislative, judiciary, and executive functions.
The Lawmakers of China: Who Decides?
You may want to see also
Explore related products
Nepali citizenship
The Nepali Constitution, in conjunction with the Nepal Citizenship Act and Nepal Citizenship Regulations, both from 2006, outlines the regulations for Nepali citizenship. The 2006 Act repealed and replaced the previous Nepal Citizenship Act of 1964, which provided for single citizenship across the country. The 2006 Act made provisions for the acquisition and termination of Nepali citizenship.
Acquisition of Nepali Citizenship
In addition, a person born in Nepal before mid-April 1990 who has resided in the country permanently and has the relevant documentation (such as land or house ownership certificates) can apply for citizenship based on birth. Foreign nationals can also apply for citizenship if they meet certain requirements, including:
- Speaking and writing in the Nepali language
- Relinquishing the citizenship of another state
- Residing in Nepal for a specified period (15 years for any foreign national, 2 years for those married to a Nepali citizen or with Nepali descendants)
- Being engaged in an occupation in Nepal
- Being of good conduct and character
Termination of Nepali Citizenship
The Nepal Citizenship Act 2006 also outlines the process for relinquishing Nepali citizenship. An individual wishing to renounce their Nepali citizenship must notify the prescribed authority, after which their citizenship will cease to exist.
Non-Resident Nepali Citizenship
The Citizenship Act has been amended to allow Non-Resident Nepalis to hold citizenship with limited social, economic, and cultural rights. This provision is known as non-residential citizenship and applies to individuals who have acquired foreign citizenship but have a parent or grandparent who was previously a Nepalese citizen by descent or birth.
Immigration Laws: Democratic Roots or Republican Reforms?
You may want to see also
Explore related products
Historical background
Nepal's constitutional history in the modern sense began in the "'year 7 revolution' (sāt salko kranti), 1950–51 CE, after more than a century of autocratic rule by the Rana dynasty. In the wake of decolonization in British India, King Tribhuvan Shah and Nepal's democratic political parties formed in exile in India forged an alliance against the Rana regime. This led to an armed revolution in November 1950 and a ceasefire in January 1951. A coalition of the Ranas and the Nepali Congress Party reinstated the constitutional monarchy and established an Interim Constitution in March 1951.
The 1951 Interim Constitution was Nepal's first and was short-lived and only partially implemented. It returned traditional powers to the king, established a judicial branch, and created a Bill of Rights. However, instead of holding elections, King Tribhuvan appointed new ministries when no consensus could be reached. This was followed by the 1959 Constitution, which also had a short duration. Both documents laid the groundwork for Nepal's constitutional framework for years to come.
The 1962 Constitution was the third in Nepal's history. It was enacted during a period of profound political anxiety in the country due to the Cold War and the Chinese invasion of Tibet, which threatened Nepal's external sovereignty. These preoccupations influenced the internal notion of sovereignty at the constitutional level, resulting in constitutional instability and recurrent authoritarianism.
Nepal's fourth constitution was enacted in 1990, followed by the Interim Constitution of 2007. The 2007 Interim Constitution provided for a Constituent Assembly to draft a new constitution. However, disagreements and legal issues delayed the process. The Constituent Assembly was dissolved in May 2012, leaving the country in a legal vacuum. New elections were held in November 2013, and the Second Constituent Assembly successfully drafted a new constitution.
The current governing Constitution of Nepal came into effect on 20 September 2015, replacing the 2007 Interim Constitution. It was drafted by the Second Constituent Assembly and endorsed by 90% of the legislators. The constitution-making process was influenced by Nepal's geopolitical position between India and China and the pursuit of a diversified foreign policy to preserve its independence.
Understanding Retention Laws in Construction Contracts
You may want to see also
Frequently asked questions
Nepal has had at least three constitutions: the first in 1948, the second in 1951, and the third in 2015.
The 1948 constitution did little to curb the power of the Prime Minister. The Prime Minister could select all the members of the bicameral legislature and reject any measures they passed.
The 2015 constitution established Nepal as a federal democratic republic with a multi-party, competitive, parliamentary system. It also provided for the rights of citizens, including civil, political, economic, social, and cultural rights.
