Constitution of Nepal (2072): structure, rights and organs of the State

Overview

The Constitution of Nepal was written by the second Constituent Assembly and promulgated by the President on 3 Ashwin 2072 (20 September 2015), replacing the Interim Constitution of Nepal, 2063. It has 35 Parts, 308 Articles and 9 Schedules. Article 4 describes Nepal as an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican State.

The nine Schedules

Residual powers not listed anywhere belong to the Federation (Article 58).

Fundamental rights and duties

• Part 3, Articles 16 to 46 lists 31 fundamental rights, from the right to live with dignity (Art. 16) to the right to constitutional remedy (Art. 46).
• Article 48 sets out four duties of citizens: to safeguard the nationality, sovereignty and integrity of Nepal; to abide by the Constitution and law; to render compulsory service when the State requires; and to protect public property.
• Part 4 contains the directive principles, policies and obligations of the State.

Three tiers of government

Article 56 creates three levels: the Federation, the Province and the Local level. There are 7 provinces and 77 districts. The Local level consists of Rural Municipalities (Gaunpalika), Municipalities and District Assemblies.

Federal Legislature

The Federal Parliament has two Houses.

Minimum age is 25 for the House of Representatives and 35 for the National Assembly.

Federal Executive

• The President is the head of State, must be at least 45 years old and serves a five-year term.
• Executive power is vested in the Council of Ministers headed by the Prime Minister. Under Article 76(9) it may have at most 25 members including the Prime Minister.

Judiciary

• Three tiers: Supreme Court, High Courts (one in each province) and District Courts (one in each district).
• Supreme Court (Art. 129): the Chief Justice and up to 20 other judges. The Chief Justice's term is six years.
• Constitutional Bench (Art. 137): the Chief Justice and four other judges.
• Judicial Council (Art. 153): five members chaired by the Chief Justice.

Constitutional bodies

Part 27 adds the National Women, Dalit, Inclusion, Adibasi Janajati, Madhesi, Tharu and Muslim Commissions. Office-bearers of these bodies serve a six-year term.

Emergency and amendment

• Article 273: the President may declare a state of emergency. The proclamation must be laid before both Houses within one month and, if approved by two thirds of the members present in both Houses, remains in force for three months from the date of issue.
• Article 274: an amendment needs a two-thirds majority of the total existing members of both Houses. Nothing may be amended against the sovereignty, territorial integrity, independence of Nepal and the sovereignty vested in the people.

Exam pointers

• Memorise 35 / 308 / 9 and the date 3 Ashwin 2072.
• Schedules 5, 6 and 8 are exclusive lists (federal, provincial, local); 7 and 9 are concurrent lists.
• House of Representatives 275 = 165 + 110; National Assembly 59 = 56 + 3.
• Ages: 25 (House of Representatives), 35 (National Assembly), 45 (President).
• Supreme Court: Chief Justice + 20; Constitutional Bench: Chief Justice + 4.
• Fundamental rights are Articles 16 to 46; duties are in Article 48.