Short extraction of constitutional clauses.

1. Constitution of Nepal
Brief introduction to
By:
Santosh Adhikari

2. We are CA/ACCA (or
Student), Why Should we
know our Constitution ??
Isn’t its political thing ??
Why Are We Watching This Presentation ?

3. Every citizen should know
the Constitution and
abide it. There is no any
person who is not
affected by Constitution.
Why Are We Watching This Presentation ?

4. New Constitution
Here, we covering
only those matters
in new Constitution
which are relevant
to us.

5. General Introduction
 New constitution implemented from
3rd Ashwin, 2072.
 It has repealed Interim Constitution
2063.
 It has adopted federalism, first time
in history of Nepal.
 Power has been decentralized.

6. Contents: We Covering Here
 Citizenship
 Fundamental Rights and Duties
 Structure of State and Distribution of State Power
 Judiciary
 Appointment of President
 Appointment of Prime Minister
 Constitutional Commissions and Bodies
 Other Constitutional Clauses

7. Citizenship
 Who are Nepalese citizen ??
 Of course ! We all are the Nepalese citizen.

8. Citizenship - To Be Citizen of Nepal:
Further: A person who is born in Nepal from a woman who is a citizen of Nepal and
has resided in Nepal and whose father is not traced shall be provided with the
citizenship of Nepal by descent.
The following person who has his or her permanent domicile in
Nepal at the time of commencement of this Constitution shall be
the citizen of Nepal by descent:
 a person who has obtained the citizenship of Nepal by descent prior to
the commencement of this Constitution,
 a person whose father or mother was a citizen of Nepal at his or her
birth.

9.  New constitution has defined 30 different rights as
fundamental rights.
Fundamental Rights and Duties

10.  Right to live with dignity - Every person shall have the right to live with
dignity and no law shall be made providing for the death penalty to any one.
 Right to freedom - No person shall be deprived of his or her personal
liberty except in accordance with law.
 Right to equality - All citizens shall be equal before law. No person shall be
denied the equal protection of law.
 Rights relating to justice - No person shall be detained in custody
without informing him or her of the ground for his or her arrest.
Fundamental Rights

11.  Right against untouchability and discrimination - No person shall
be subjected to any form of untouchability or discrimination in any private and public
places on grounds of his or her origin, caste, tribe, community, profession, occupation or
physical condition.
 Right relating to property - Every citizen shall, subject to law, have the right
to acquire, own, sell, dispose, acquire business profits from, and otherwise deal with,
property. Provided that the State may levy tax on property of a person, and tax on
income of a person in accordance with the concept of progressive taxation.
 Right to freedom of religion - Every person who has faith in religion shall
have the freedom to profess, practice and protect his or her religion according to his or
her conviction.
Fundamental Rights Contd..

12.  Right relating to health
 Right relating to food
 Right to housing
 Rights of women
 Rights of the child
 Rights of Dalit
 Rights of senior citizens
 Right to social justice
 Right against exile
 Rights of the consumer
 Right to constitutional remedies
 Right to communication
 Right of victim of crime
 Right against torture
 Right against preventive detention
 Right to information
 Right to privacy
 Right against exploitation
 Right to clean environment
 Right relating to education
 Right to language and culture
 Right to employment
 Right to labour
Fundamental Rights Contd..

13. Every citizen shall have the following duties
 to safeguard the nationality, sovereignty and integrity of Nepal,
while being loyal to the nation,
 to abide by the Constitution and law,
 to render compulsory service as and when the State so requires,
 to protect and preserve public property.
Fundamental Duties

14. The main structure of the Federal Democratic Republic
of Nepal shall be of three levels.
FEDERATION LEVEL
STATE LEVEL
LOCAL LEVEL
Structure of State

15.  The powers of the Federation shall be vested in the matters
enumerated in Schedule-5
 The powers of the State shall be vested in the matters
enumerated in Schedule-6
 The powers of the Local level shall be vested in the matters
enumerated in Schedule-7
(and such powers shall be exercised pursuant to this Constitution and the
Federal law.)
Distribution of State Power

16.  Relating to defense and military:
(a) Protection of national unity and territorial integrity
(b) Relating to national security
 War and defense.
 Central Police, Armed Police Force, national intelligence and
investigation, peace, security.
 Central planning, central bank, finance policies, monetary and
banking, monetary policies, foreign grants, aid and loans.
 Foreign and diplomatic affairs, international relations and
United Nations related matters.
Schedule-5: Powers of Federation

17.  International treaties or agreements, extradition, mutual legal
assistance and international borders, international boundary
rivers.
 Customs, excise-duty, value-added tax, corporate income tax,
individual income tax, remuneration tax, passport fee, visa fee,
tourism fee, service charge and fee, penalty.
 Federal civil service, judicial service and other government
services.
Schedule-5: Powers of Federation Contd..

18.  State police administration and peace and order.
 Operation of banks and financial institutions in accordance
with the policies of Nepal Rastra Bank, cooperative
institutions, foreign grants and assistance with the consent of
the Centre.
 Operation of Radio, F.M., television.
 House and land registration fee, motor vehicle tax,
entertainment tax, advertisement tax, tourism, agro-income
tax, service charge, fee, penalty.
Schedule-6: Powers of State

19.  Intra-State trade.
 State highways.
 State level electricity, irrigation and water supply services,
navigation.
 State universities, higher education, libraries, museums.
 Matters relating to the State Assembly, State Council of
Ministers.
 Physical management and other necessary matters of State
governmental offices.
Schedule-6: Powers of State Contd..

20. Schedule-7: Powers of Local Level
 Local taxes (wealth tax, house rent tax, land and building
registration fee, motor vehicle tax),service charge, fee, tourism
fee, advertisement tax, business tax, land tax (land revenue),
penalty, entertainment tax, land revenue collection.
 Town police.
 Local level development plans and projects.
 Basic and secondary education.
 Local market management, environment protection and
biodiversity.

21. Schedule-7: Powers of Local Level Contd..
 Management of Village Assembly, Municipal Assembly, District
Assembly, local courts, mediation and arbitration.
 Local roads, rural roads, agro-roads, irrigation.
 Management of the Local services.

22. There shall be the following courts in Nepal:
Judiciary
SUPREME COURT
HIGH COURT
DISTRICT COURT
Shall be one
One in every State
One in every district

23.  All courts and judicial bodies shall, except as otherwise
provided in this Constitution, be under the Supreme Court. The
Supreme Court shall have the final authority to interpret this
Constitution and laws.
 The Supreme Court shall consist of a maximum of twenty
Judges, in addition to the Chief Justice of Nepal.
 The President shall appoint the Chief Justice, on
recommendation of the Constitutional Council, and other
Judges of the Supreme Court, on recommendation of the
Judicial Council.
Judiciary Contd..

24.  The President shall be elected by an electoral college composed
of the members of the Federal Parliament and of the State
Assemblies.
 A person who secures a majority of the then existing total votes
of the electoral college shall be the president.
Appointment of President
Term of President 5 Years from elected date
Qualification
Completed the age of at least 45 years
Not being disqualified by any law
Can not be elected for more than twice

25.  The President shall appoint the leader of a parliamentary
party that commands majority in the House of
Representatives as the Prime Minister, and the Council of
Ministers shall be constituted under his or her
chairpersonship.
Appointment of Prime Minister
Size of Cabinet
Maximum 25 ministers including PM

26. Term of Prime Minister
Term of PM Normally, 5 Years from elected date
The Post of PM shall be vacant under following conditions
 If he or she tenders resignation in writing to the President
 If a vote of confidence is not passed or a vote of no-confidence is
passed against him
 If he or she ceases to be a member of the House of Representatives
Note: Provision of impeachment shall be applicable to President, Vice-
President, chief or official of a Constitutional Body but not to PM.

27. Constitutional Bodies

28. President shall, on the recommendation of the Constitutional
Council, appoint the Auditor General.
Term- Six years.
Qualification
 Having twenty years of experiences in audit related work, after having
obtained a bachelor's degree in management, commerce or accounting
from a recognized university or having passed a chartered accountancy
examination,
 Not being a member of any political party at the time of appointment,
 Having attained the age of forty five years, and
 Being of high moral character.
Auditor General

29. Natural Resources and Fiscal Commission
The President shall, on the recommendation of the
Constitutional Council, appoint the Chairperson and members
of the National Natural Resources and Fiscal Commission.
Term – Six year
To determine detailed basis and modality for the distribution of
revenues between the Federal, State and Local Governments out of the
Federal Consolidated Fund in accordance with the Constitution and
law.
Function of Natural Resources and Fiscal Commission

30. Commission for the Investigation of Abuse
of Authority - CIAA
The President shall, on recommendation of the Constitutional
Council, appoint the Chief Commissioner and Commissioners.
Term – Six year
The CIAA, in accordance with law, conduct, or cause to be conducted,
investigations of any abuse of authority committed through corruption by any
person holding public office.
Provided that this clause shall not apply to any official in relation to whom
this Constitution itself separately provides for such action and to any official
in relation to whom other law provides for a separate special provision.
Function of CIAA

31. Other Commission
Constitution has made provision of other constitutional
commissions as follows:
 Election Commission
 National Human Rights Commission
 Public Service Commission
 National Women Commission
 National Dalit Commission
 National Inclusion (samabesi) Commission
 Madhesi Commission
 Tharu Commission
 Muslim Commission

32. Other Constitutional Clauses

33.  The Minister for Finance of the Government of Nepal shall, in
respect of every financial year, an annual estimate setting
out, inter alia, the following matter:
 an estimate of revenues,
 the moneys required to meet the charges on the Federal
Consolidated Fund,
 the moneys required to meet the expenditure to be provided for by a
Federal Appropriation Act.
Budget- Clause 119
Further: The Minister for Finance of the Government of Nepal shall lay before the
Federal Parliament an estimate of revenues and expenditures under clause (1) on the
15th day of Jestha (mid May) each year.

34.  Notwithstanding anything contained elsewhere
in this Constitution,
 it is prohibited to make any kind of obstruction
to the carriage of goods or extension of services
 by a State or Local level to another State or Local
level
 or to levy tax, fee or charge thereon or to make
any kind of discrimination
 on the carriage or extension of such services or
goods.
Inter-State Trade and Tax – Clause 236

35. This was just an short
extract of the constitution.
If you wish to discover
more, your may refer the
Constitution. Thank You !
The End: