नेपाली संविधान २०७२ - Read Full Nepali Sambidhan (Constitution Nepali Sanvidhana on your PC and Mobile Devices in a PDF. integrity, national unity, independence and dignity of Nepal,. Recalling the glorious Constitution is the fundamental law of Nepal. Any law. Draft of the Constitution of Nepal, Unofficial English Translation by International IDEA. 1. PREAMBLE. We, the people of Nepal, in exercise of the sovereign.
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Unofficial translation. CONSTITUTION OF NEPAL Constituent Assembly Secretariat. Singha Durbar. UNOFFICIAL TRANSLATION BY. And inally, the seventh Constitution of Nepal was promulgated by the Constituent Assembly on Ashwin 3, (Sep. 20, ). This constitution seems to be. This app is made to make every citizen aware of the Constitution of Nepal(Nepali Constitution). As Constitution(in Nepali Sambidhan) is fundamental part of.
It is the first constitution of Nepal written by public representatives. Fundamental Rights: It should provide, guarantee and protect the fundamental rights of the people.
नेपालको संविधान २०७२ Nepalko Sambidhan 2072
Independent judiciary: It should have provisions for an independent Justiciary. Constitutional Development in Nepal The history of constitutional development is not very long in Nepal. There was no written constitution before BS. Constitution of Nepal BS. Nepal is possibly one of the fast constitution changing countries. Frequent changes in the constitution means there is no political stability in the country. It is the indication of poor political health of a country.
It is not good to keep changing the constitution. Jul 2, Version 1. Information Seller Digendra Rajak. Size Category Education. Compatibility Requires iOS 9. Compatible with iPhone, iPad, and iPod touch. Languages English.
Constitution of Nepal
Price Free. App Support. Family Sharing With Family Sharing set up, up to six family members can use this app. Apart from that, in case the party in power, for some reason or the other, fails to get approved by the Parliament the programs and policies of the Government or the national budget for the iscal year, what would be the way out of this political impasse? In a Parliamentary system, such a situation is deemed as a clear indicator of the fact that the Government has lost the trust of the House and has been reduced to minority.
But if the party in power refuses to resign from the seat of political power, and, on the other hand, the opposition is constitutionally restrained from moving a No-Conidence motion within the irst two years of installation of the Government, it is bound to create a state of political chaos and confusion in the day to day governance of the State afairs. The Constitutional Bench shall have chiely jurisdiction over disputes relating to jurisdiction between the Federation and any Province, among Provinces, between a Province and the local level and among the local governments, disputes relating to the election of members of the Federal Parliament or Provincial Assembly, and ineligibility of any member of the Federal Parliament or Provincial Assembly.
Ninth, the new Constitution has addressed a much debated issue of debarring quasi-judicial bodies from handling serious types of criminal cases involving longer terms of imprisonment. It has speciically provided that criminal cases involving prison sentence of more than one year shall not fall under the jurisdiction of any institution other than a court or specialized court or Military Court or judicial body.
Following the promulgation of the Constitution thousands of such cases were, in fact, transferred to the respective District Courts. However, in order to dilute the impact of this constitutional provision embedded in Article 2 and evade the jurisdiction of general law courts, the Parliament has recently passed a Bill amending the relevant provisions relating to punishment in some statutes, and has signiicantly reduced the term of imprisonment even in case of some serious criminal ofenses like black marketeering, possession of illegal arms and ammunition etc.
Such a tactical move of the government to re surrender certain serious ofenses to the jurisdiction of quasi-judicial bodies by signiicantly reducing the length of incarnation is obviously mala ide, and is bound to defeat the sense of justice.
In the long run, it shall help promote impunity and undermine the principle of good governance.
Last but not the least, the provision made by the present Constitution relating to referendum is unique and innovative. If a two-third majority of the total members of the Federal Legislature decides that it is necessary to make a decision on any matter of national importance through referendum, a decision may be reached on such matter through referendum.
It is, no doubt, a democratic process to reach a decision on any controversial issue of national importance.
However, the common people still wonder why before declaring the new Constitution some sensitive issues like secularism and form of governance of the State were not subjected to the democratic process of referendum for resolution? Issues of Debate and Dissent in the Constitution Needless to say, a Constitution is supposed to be a collective document of consensus. The present Constitution is also described as such by the major political partys which were chiely instrumental in its promulgation.
It is believed by many that the present constitutional document is capable of addressing the interests and concerns of the people belonging to diferent classes and communities living in the Himal, Hills and Tarai regions. But everything obviously does not seem to be well with the Constitution. Had it been so, the promulgation of the new Constitution should have been widely acclaimed and greeted with enthusiasm and generous welcome in every nook and corner of the country.
On the contrary, it generated a wave of violent protests all along the Tarai region. Such a scenario is clearly indicative of the bitter reality that notwithstanding its several democratic features, the Constitution sufers from a few marked inirmities and serious drawbacks as well.
A Critique whereas a good number of them are caused by political rigidity, discriminatory outlook and centralized status quo mentality. It is described as a mirror which relects the intents, basic philosophy and spirit of the Constitution.
But our law makers completely failed to understand the rationale behind keeping the provision of Preamble in the Constitution. In their over enthusiasm of assimilating the concerns of various classes and interest groups vying with one another for establishing their stakes, the lawmakers inally ended in converting the Constitution including its Preamble virtually into a collective declaration of various political parties.
The style of language and certain terminologies and issues incorporated in the Preamble tend to give the impression as if it was a collective election manifesto of various political parties. The Preamble of the American Constitution vividly and forcefully gives expression to the objectives and goals of the American Constitution in one bare sentence containing only 52 words.
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In a bid to express commitment towards protection of the rights and interests of various classes and communities, the generous use of multiplicity of objectives and jargons seems to have detracted from the main objectives and intent of the Preamble and its overall impact. The textual composition of the Preamble is so clumsy and verbose that in course of going through the details of the Preamble when one comes to the end part, the reader either tends to forget what had been mentioned in the beginning or becomes confused about its contents.
Such structural composition of the Preamble is not only defective from the viewpoint of legislative drafting rather it also looks ponderous, maladroit and uncouth. A look at some other Federal States of the world shows that Federalism is required to be introduced generally in two circumstances. Firstly, when several small independent States decide to reach an agreement to enter into a Federation, and 19 Preamble to the Constitution of the United States of America We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
However, neither was the case in the context of Nepal. Of course, the protagonists of Federalism may argue that the concept of Federalism has been introduced in Nepal in a diferent context with some valid reasons behind its introduction. Although the Local Self Governance Act, envisioned the enjoyment of the fruits of democracy through the utmost participation of the sovereign people in the process of governance by way of decentralization and mobilization and allocation of the means for the development of their own region by taking decisions through local leadership, the statutory provisions were, in fact, never seriously implemented for one reason or the other.
Moreover, Federalism has been hyped as a panacea, once introduced, for ensuring self-rule and equitable distribution of beneits and national means and resources, besides equal opportunities in the structure of the State. Anyway, notwithstanding our agreements or disagreements with the need of introducing Federalism in Nepal, now the need of the hour is to work sincerely and seriously towards successful implementation of Federalism introduced in Nepal as provided in the Constitution.
But, unfortunately, a close look at various provisions of the Constitution reveals that adequate seriousness, sensitivity and liberal outlook have not been displayed in regard to the sensitive issues of Federalism and Inclusion. Federalism is basically a political issue. Provincial structures, their demarcation, regional balance, equitable distribution of power and opportunities, provincial autonomy and reasonable and just adjustment of the rights and interests of various sectors of the society are some of the vital issues which require foremost attention for a peaceful transition to the Federal system.
But in the present context, it is the number of Provinces, their demarcation and the issue of Inclusion which have turned highly controversial. Our lawmakers decided to declare the Constitution in haste without settling satisfactorily the issue relating to the number of Provinces and their territorial demarcation despite vocal dissent and disagreement of the Madhesh based parties.
Composition of Federalism without nomenclature and demarcation has made the Constitution intangible as well as all the more controversial. The Constitution has entrusted the onerous duty of furnishing suggestions with regard to demarcation of the Provinces to a Federal Commission to be constituted subsequently pursuant to Article of the Constitution, and the naming of the Provinces shall be made later on by a decision of a two-third majority of the Provincial Legislatures.
A Critique is bound to create further problems if the political leadership delays to ind out a pragmatic solution to the issue. Such a political issue needs a political decision, and shifting its responsibility to technical committee smacks of the escapist or dilly dallying attitude of our political leadership. Equal partnership in the central power and authority and autonomous self-rule in the Provinces constitute the core of federalism.
However, our Constitution has not satisfactorily addressed these two components of Federalism. The provision of electing eight members from each Province made in Article 86 2 of the Constitution regarding composition of the National Assembly seems to have ignored demographic composition of the respective Provinces and also tends to create imbalance in their composition.
Likewise, while specifying the number of members to be elected to the House of Representatives the density of population should have been taken into consideration along with the geographical territory. The members to be elected to the Parliament irst represent the people residing in the territorial limits of a Constituency rather than the insipid geography alone.
The First Constitutional Amendment introduced barely four months after its promulgation has rightly stressed that while determining the electoral Constituencies the Constituency Delimitation Commission shall ix the electoral area taking into consideration population as the main basis and geography as the secondary basis for representation.
However, it is yet to be tested how the Commission actually executes this constitutional guideline while determining the electoral Constituencies earmarked for members to be elected to the House of Representatives through the irst-past-the-post electoral system. Besides, capacity and identity are also equally important factors to be considered in regard to the structuring of Provinces.
However, Province No. In the days to come, this may create serious implications and numerous hurdles in channelizing adequate resources for governance of this Province. In fact, the concept of Federalism is basically guided by the concept of Inclusion. Federalism is not simply a crude amalgamation of some territorial entities. It also must present a composite whole of the demographic structure of the people residing within a particular geographical territory and provide equitable opportunities for their overall development and participation in the State structure.
Although the Constitution has made several provisions to address the dimension of Inclusion, nevertheless in many instances it has failed to ensure proportional representation.
But no similar speciic requirement has been made in regard to the legislative representation of Adivasi Janjati, Madheshi, Muslim etc. This deliberate omission was one of the vital reasons which triggered violent protests in several parts of Madhesh. The precepts and practices of those running the State machinery must synchronize. Paying only lip service to the marginalized sections of the society is not going to serve any purpose or yield any results.
Intangible or cosmetic inclusion is bound to be meaningless and inefective. The inclusion targeted sections of the society cannot be befooled or silenced any more by giving them simply some sort of representative presence in the policy and decision making bodies of the State. In fact, they are rightly agitating to assert their proportionate and meaningful representation in the overall state structure.
How much supericial and casual was the approach of the three major political parties dominant at the time of the constitution making process can be further illustrated by the constitutional provisions related to the creation of the four new Commissions such ad Adivasi Janjati Commission, Madheshi Commission, Tharu Commission and Muslim Commission. These provision show as if the state was so much sensitive towards their empowerment by granting constitutional recognition to their independent existence.
But appearances sometime do prove deceptive! A look at the relevant provisions clearly shows that the proposed Commissions are guided more by a strategic sense of public consumption than their actual implementation.
It is so because those Commissions seem to be incomplete and deicient in the absence of speciic provisions describing their powers and functions. Nor has anything been mentioned about the mandate of those Commissions.
This deiciency becomes all the more pronounced when these Commissions are compared to some other constitutional Commissions like National Women Commission and National Dalit Commission whose mandates, scope and jurisdiction have been well deined in the Constitution itself.. A Critique been serious about these issues, they would have certainly preferred to spend some more time to deine the scope of those Commissions as well.
But that was not to be so! The Constitution has provided for a single Federal citizenship with provincial identity in Nepal and guaranteed that no person shall be denied the right to acquire citizenship.
Citizenship by descent, Naturalized citizenship, and Non-residential citizenship.This is what happening in Nepal. Screenshots iPhone iPad. Local Legislature Part 18 In this sense, the present Constitution looks unique in itself for being an efective expression of the sovereignty vested in the people. Right to Language and Culture Article 32 In fact, the concept of Federalism is basically guided by the concept of Inclusion.
Finally, the Interim 1 Dr. This constitution seems to be rather more comprehensive which promises to charter a road map for the creation of a new democratic Nepal through efective social, political and economic transformation by ending or eliminating discriminations, exploitations and feudalism deeply rooted in the socio-political and economic structure of Nepal.
Skip to main content. A Critique The right to religious freedom has emerged as another most contentious issue in the context of constitution making.