The Constitution of Nepal, 2072 (Nepal's Constitution, 2015) is the fundamental law of the country, which provides the framework for the governance, legal system, and rights of the citizens. The constitution was promulgated on September 20, 2015, and it represents the culmination of a long process of drafting, negotiation, and political change in Nepal.
Here are the main features of the Constitution of Nepal, 2072:
The preamble outlines the values and principles guiding the country, such as democracy, secularism, federalism, republicanism, social justice, pluralism, and human rights.
The constitution is divided into 35 Parts, with 308 Articles and 9 Schedules. It has provisions for the following:
Fundamental Rights (Part 2)
Directive Principles and Policies of the State (Part 3)
Federation and Provinces (Part 4)
Legislature, Executive, and Judiciary (Part 5, 6, and 7)
Constitutional Bodies and Offices (Part 8)
Emergency Provisions (Part 9)
Nepal is established as a federal democratic republic with a multi-tiered system of governance, including seven provinces. Each province has its own legislature and executive authority.
The Constitution enshrines sovereignty in the people and establishes Nepal as a secular state, ensuring freedom of religion and guaranteeing the rights of religious minorities.
The constitution guarantees fundamental rights to all citizens, including the right to equality, freedom of expression, right to life, right to information, freedom of assembly, right to property, right to social justice, and right to education.
It also recognizes the right to a clean environment and access to justice.
The constitution outlines various principles, such as the promotion of social justice, poverty alleviation, equitable development, access to education and healthcare, and protection of the environment.
Nepal is a republic, and the monarchy was abolished under this constitution. It also provides for a presidential system where the President serves as the head of state.
Nepal's legislature is bicameral, consisting of the House of Representatives (lower house) and the National Assembly (upper house). These bodies make laws, oversee the government, and ensure accountability.
The Supreme Court is the highest judicial body, followed by district courts and other subordinate courts. The judiciary has the power to interpret the constitution and ensure justice.
The Constitution establishes several independent constitutional bodies to oversee various areas, such as the Election Commission, National Human Rights Commission, Public Service Commission, and Auditor General.
The Constitution can be amended by a two-thirds majority in the legislature, with certain provisions requiring a special majority and approval from the provinces.
The Constitution includes provisions for the representation of marginalized and disadvantaged groups, ensuring the participation of women, Dalits, indigenous communities, disabled persons, and other underrepresented sections of society in the political process.
Nepali is the official language of Nepal, but provisions for the use of other languages in local governance and courts are also recognized, fostering linguistic diversity.
The Constitution guarantees economic, social, and cultural rights for the well-being of all citizens, including provisions for poverty reduction, economic equity, and the protection of the environment.
For the first time in Nepalese constitutional history, the Constitution recognizes the right to dual citizenship, particularly for those of Nepali origin but who hold foreign citizenship as well.
The Constitution emphasizes the devolution of power to local governments, which now have authority over various areas such as health, education, infrastructure, and law enforcement within their jurisdictions.