Constitution of Nepal and its development

1. Prof. dr. Devi Bdr. Thapa
Constitution and its development in
nepal

2. Meaning
 Constitution is the fundamental law of the land
 It is also called the ‘Supreme Law’ of the state
 Other laws are made on the basis of the
constitution
 Constitution is the fundamental law of the Nepal.
So all the law inconsistence with it shall to the
extent of such inconsistency, be void.
 Within the short period of time Nepal has
experienced six constitution and seventh is in the
way of execution

3. Development
1. Government of Nepal Act, 2004 (1948 A.D.) is
the 1st written constitution of Nepal
 Rana Prime Minister Padma Shumsher proclaimed
this constitution on 26th Jan 1948 ( Magh 13 2007 )
 This constitution was drafted by the Reformed
committee
 To help the committee 3 member constitution
experts team under the leadership of Shree
Praskash Gupta from India had come. Other two
members were Dr Ram Ugra Singh and Raghunath
Singh
 Execution date was declared for 1st of Baisakh

4. Features of Government of Nepal
Act, 2004 (1948 A.D.)
i. Bicameral Legislature (National assembly and
Bhardari Sabha)
ii. Fundamental Right and Duties (Article 4 –
Individual Liberty, Publication, Liberty for
Assembly, Equality Before Law)
iii. Village, Municipal, and District Panchayatt
iv. Auditor General
v. Registry Council (Public Service
Commission)
vi. Judiciary

5. Development
2. Interim Government of Nepal Act, 2007 (1951
A.D.)
• It was promulgated by the then King Tribhuwan,
implemented on Chaitra 29 2007 B.S.
• It has 7 parts, 73 articles and 3 scheduldes
• It was the first implemented written constitution
of Nepal

6. Features of Interim Government of
Nepal Act 2007
 Executive Power was vested with King
 Bicameral Legislature ( House of Representatives
and General Assembly- Maha Sabha)
 Adult Franchise
 Cabinet of Ministry was responsible to Houise of
Representatives
 Provision of Constitutional Bodies like Public
Service commission, Election commission,
auditor general, Attorney general
 Fundamental Rights
 Independent Judiciary

7. Development
3. Constitution of the Kingdom of Nepal 2015
B.S.
 This constitution was promulgated by King
Mahendra on Falgun 1st 2015 B.S.
 Commission for constitution draft was formed
under the leadership of Bhagwati Prasad Singh
by King Mahendra
 There were other 4 members in constitution
commission
 British Constitution expert Iver Jennings was also
invited to help make constitution
 It came into effect on Asar 2016 B.S

8. Features of Constitution of the
Kingdom of Nepal 2015 B.S.
 Fundamental Rights ( Individual liberty, Equality,
Liberty for Religion
 It had adopted parliamentory system.
 Bi-cameral legislative(maha sabha and pratinidhi
sabha).
 There were 36 members in Maha sabha and 109
in pratinidhi sabha.
 Judiciary: a independent judiciary, A supreme
court.
 Council of ministers: Priminister was elected
from the majority members of pratinidhi sabha.
 Other features were: public service commission,
Election commission, auditor general,etc.

9. Development
4) Constitution of Nepal 2019 B.S.
 King Mahendra promulagated constitution in 2019
in line with panchayatti system this constitution is
called canstitution of Nepal 2019
 A under the leadership of Rishikesh Shaha, a
constitution drafting commission was formed
 The king under recommendation of this
commission promulagated the constitution

10. Features of Constitution of Nepal
2019 B.S
 Sources of all state powers was vested in the king
 Political parties were banned
 Limited fundamental rights were provided
 Provision of unicameral legislature(Rastriya
panchayat)
 Council of ministers: Prime minister was appointed
by the king and ministers were also appointed by
him on the recommendation of prime minister.

11. Development
5. Constitution of kingdom of Nepal 2047B.S
 A nine member Constitution drafting commission was
formed by king Birendra on 16th jestha 2047.
 This commission was formed under the leadership of
the then chief justice Bishwonath upadhaya.
 other members were Damannath dungana,Mukunda
regmi, Laaxman aryal from Nepali congress, Madhava
kumar Nepal,Nirmal Lama,Bharat mohan Adhikari from
UML andRamananda prasad singh and Pradhyum lal
Rajbhadary from independent.
 The commission prepared the draft of the constitution
and presented to the king on 25th Bhadra 2047.
 The king with the advice of the then
government,promulgated the constitution on 23th kartik
2047.

12. Features Constitution of Nepal 2047
B.S
 Sovereignty inherent in the people
 Fundamental rights of the citizens
 Adult franchise(right to vote to all citizens on the basis
of attained certain year of age)
 Multi-party democracy:(accepting the existence of two
or more than two political parties)
 Parliamentary system of government(asystem where
government is formed from parliament and is
responsible to it)
 Constitutional monarchy:(the king was only
constitutional head)
 Constitutional council(council which recommends
appointments in the constitutional bodies.)
 Other features—Public service commission,Election
commission,attohney general,auditor general etc.

13. Development
 INTERIM CONSTITUTION OF NEPAL 2063 B S
 After the success of Peoples movement11 of
2062/63,Nepali people got back their political
rightsand brought a drastic change in the
monarchial system in nepal.
 A new costitution was needed in the country and
drafted it in 2063 as Interim constitution.
 It was the first constitution that was promulgated
by the representatives of people.
 FEATURES-

14. Features of interim constitution of
nepal 2063 B.S.
 Sovereignty was vested in the people(this constitution
drafted according to the feeling of peoples’ movement
and on the consensus of political parties)
 Secular state(state has not its own particular
religion.state should equally treat all the religion in the
country)
 Competitive multi- party democratic system(provision of
democratic system based on multi party system)
 Independent judiciary (judiciary is free from the
interference of executive or legislative branch of
government.
 Uni-cameral legislature:-(single house parliament having
601 members elected as well as nominated among them
26 members are nominated by the cabinet on the basis
of consensus)