Salient Features and Characteristics of the Constitution of Nepal 2015

1. Salient Features of
the Constitution of
Nepal 2015
By Swikar Dahal

3. Introduction
▪ Finally, Nepal has succeeded to draft and promulgate the new
constitution through the Constituent Assembly (CA). The Constitution of
Nepal 2015 (2072) is the seventh constitution of Nepal.The CA
accomplished the historic task after a constant effort lasting for eight
years.
▪ The dream of promulgating the new constitution through the CA has now
been materialized with the promulgation of the new constitution by the
President Dr. Ram BaranYadav on September 20, 2015.
▪ The President issued the new constitution a day after it was
authenticated by CA chair Subas Chandra Nembang and endorsed by
overwhelming majority of more than two-thirds members of the CA.The
Bill of the new constitution was also accepted with more than a two-third
majority on September 16, 2015. Altogether 507 CA members voted for
the Bill while 25 lawmakers of the Rastriya Prajatantra Party-Nepal voted
against it. Besides CA chairman Nembang, a total of 532 CA members
participated in the voting process.Only 57 out of total 598 sitting
members (the CA had strength of 601 members) boycotted the voting
process. Likewise, 85 per cent out of 89 per cent members present in the
CA supported the adaptation of the new constitution.

4. The new Constitution has 308 Articles, nine
Annexes and Preamble. The preamble of the
constitution also mentions people's competitive
multi-party democratic system, civic freedom,
fundamental rights, human rights, period election,
voting rights, full press freedom, independent, fair
and competent judiciary, building of a prosperous
nation with the commitment to socialism based on
rule of law, and democratic norms and values, and
durable peace, good governance, development
through the federal democratic republic.

5. Major Achievements
▪ Institutionalization of Federal Democratic Republic:
With the promulgation of the new constitution, the federal
democratic republican set up of the nation has been institutionalized.
It is a big blow to the regressive forces which wanted to reinstate the
monarchy in the name of religion and so on. Introduction of federal
structure is a new experiment in Nepal.The nation has got seven
provinces against the unitary state.
▪ End of prolonged transition:
The promulgation of the new constitution has ended prolonged
transition that the nation had been witnessing after the Royal coup
and its counter product that is 12-point agreement signed between
the seven-party alliance and the then insurgent party CPN-Maoist on
November 22, 2005.The people's movement held on 2006 in April had
brought several changes including the abolition of the 240-year long
rule of the Shah dynasty.
▪ Sovereignty vested on the people:
The new constitution has made the proclamation that the sovereignty
is vested on the people. Unlike the previous constitution, the seventh
constitution of the nation has entitled the state power and ruling
power to the people. It is a major achievement of the new
constitution.

6.  Improved Parliamentary system:
This constitution has managed the provision of ceremonial president
and executive prime minister by defining their rights in the
constitution.The constitution has ensured executive rights on the
elected prime minister.
 Provision ofAdvanced ConstitutionalCommissions:
The new constitution has provisioned several commissions including
National InclusiveCommission, National DalitCommission, National
Human Rights Commission, LanguageCommission, National Natural
Resource and Finance Commission and so on.
 Economic SocialTransformation:
With the promulgation of the new constitution, the nation has set
the new way for economic and social transformation which the
nation and its people were waiting for long. It has ended the
prolonged political transition and marked the era of peace, stability
and economic prosperity.

7. Likewise, the political parties managed to settle several
issues ranging from citizenship issue to electoral
system.The political parties, the key actors of the
democratic system, proceeded every step cautiously to
ensure the promulgation of the new constitution.This
time, people witnessed longstop date on behalf of
political parties to guarantee the new constitution
through CA. It is a historic achievement.The nation is
saved from being a laboratory to experiment the
constitution making as the political parties and their
leadership showed maturity. Rest of the issues could be
addressed through the amendment process.There are
several challenges for the effective implementation of
the new constitution.

8. References:
▪ http://therisingnepal.org.np/news/6835
▪ http://bipinadhikari.com.np/quick_comments_ind.
php?id=76
▪ http://kathmandupost.ekantipur.com/news/2015-
09-16/salient-features-of-the-new-
constitution.html