Note on The Constitutional Development of Nepal

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The constitutional development of Nepal has not come a long way. During, the constitutional development of Nepal, the government of Nepal Act 2004 B.S is the first and historical document of Nepal which was declared by the Shree III Padma Shamsher JBR. The Padma Shamsher JBR himself was the inciter or promoter of this constitution. It was followed by the Interim Government Act 2007 after the introduction of democracy. Within a short period of hardly six decades, six different constitutions have been announced so far in Nepal. Those constitutions were not fully democratic. Those constitutions failed because they were not formulated according to the democratic participation and wishes of people. Some of them were formulated merely as the means for the rulers to satisfy their ambitious hunger for power. As we know, after the popular movement of 2062/63, Nepal started making a truly democratic constitution through an elected constituent assembly that could ensure widest possible public participation.

The following paragraphs briefly describe those six constitutions of Nepal:

Nepal Government Act 2004 BS

Nepal Government Act 2004 BS, the first constitution of the land consisted of 6 parts, 68 articles, and 1 schedules. It made provisions for fundamental rights and duties, thecouncil of ministers, courtiers'assembly, thebicameral parliament, public service commissions etc. It was supposed to be promulgated on 1st Baishakh, 2005. But Prime Minister Padma Shamsher could not enforce the constitution because of undue pressure from resistant Ranas like Babar Shumsher and Mohan Shumsher. So it just remained a constitution without implementation.

Nepal Interim Government Act 2007 BS

Promulgated on 17th Chaitra 2007 BS after the overthrow of the Rana autocracy, Nepal Interim Government Act 2007 BS was divided into 7 parts, 73 articles, and 3 schedules. It made provisions for directive principles and policies of the government, council, election commission, financial procedure, etc. This interim constitution remained active for unexpectedly a longer time as late as until 2015 BS.

The Constitution of the Kingdom of Nepal 2015 BS

As a more democratic constitution, the Constitution of the Kingdom of Nepal 2015 BS made a provision for the adult franchise, bicameral parliament, auditor general, constitutional monarchy, king's emergency power, supreme court, an independent judiciary, election commission etc. It consisted of 10 parts, 77 articles, and 3 schedules. This democratic constitution was promulgated on 1st Falgun 2015 BS but was soon suspended almost fully on 1stPoush 2017 by power seeking King Mahendra.

The Constitution of Nepal 2019 BS

As the fourth constitution of Nepal, the constitution of Nepal 2019 BS gave constitutional recognition to the party-less Panchayat system put into practice by King Mahendra in 2017 BS. It was divided into 20 parts, 97 articles, and 2 schedules.It provided for people's fundamental rights, adult franchise, the council of ministers, national panchayat, supreme court, etc. Promulgated on 1stPoush 2019 BS, this constitution was amended in 2023 BS, 2032 BS, and 2037 BS and was finally abandoned by the popular movement in 2046 BS that restored the multi-party system in the country.

The Constitution of Kingdom of Nepal 2047 BS

Promulgated by King Birendra on 23 Kartik 2047 BS after the success of the Popular Movement I, the constitution of the Kingdom of Nepal 2047 BS was divided into 23 parts, 133 articles, and 3 schedules. It was noted for its provisions for more fundamental rights, sovereignty inherent in people, constitutional monarchy, multiparty democracy, adult franchise, independent judicature, the rule of law, etc. However, some of its articles gave way to the king's efforts for taking more executive movement II in 2063 BS.

The Interim Constitution of Nepal 2063 BS

The Interim Constitution of Nepal 2063 BS was promulgated on 1st Magh 2063 BS in the name of the people by legislative parliament. Divided into 25 parts, 167 articles, and 4 schedules, this constitution established Nepal as a secular and republican state whose state power is inherent in the people. The constitution provided for the unicameral legislature parliament, election to the Constituent Assembly, recognition of Human Rights Commission as a constitutional organ, originally the appointment of the Commander-in-Chief by the Prime Minister and so on. It underwent eleven different amendments before its fifth anniversary.

Constitution of Nepal - 2072 BS

The Constitution of Nepal 2072 BS was promulgated by President Ram Baran Yadav unveiled on behalf of Speaker Subash Chandra Nembang on 3rd Ashwin 2072 BS. It is divided into 35 parts, 308 articles, and 9 schedules. It is the seventh constitution of Nepal. It was amended on 9th Magh 2072 B.S. The following are the major characteristics of the constitution:

  • Secularism
  • Federal model with seven provinces
  • Democratic Republican State
  • Independent and fair judiciary
  • Executive rights on Council of Ministers
  • President as a ceremonial head of the state
  • Full press freedom
  • Citizenship by descent to a child of a Nepali father or mother
  • Sovereignty of people

  • Constitutional development began with the promulgation of Rana Prime Minister Padma Shamsher constitutional reforms in 2004 BS.
  • After the popular movement of 2062/63, Nepal started making a truly democratic constitution through an elected constituent assembly that could ensure widest possible public participation.
  • Six constitutions of Nepal are Nepal Government Act 2004 BS, Nepal Interim Government Act 2007 BS, The Constitution of the Kingdom of Nepal 2015 BS, The Constitution of Nepal 2019 BS, The constitution of Kingdom of Nepal 2047 BS and The Interim Constitution of Nepal 2063 BS
.

Very Short Questions

The Constitution of the Kingdom of Nepal 2015 made the provision for adult franchise, bicameral parliament, auditor general and many more but it was replace soon by the power seeking King Mahendra as he thought giving power to the countrymen would make them go against him and snatch his powers.

The main objectives of Popular Movement are as follows:

  • Introduce Nepal as a federal democratic country
  • To get the state authority in the people
  • To have the permanent peace and security in the country
  • To make the constitution by themselves
  • To end monarchial system
  • To form the government according to people's will.

The present constitution has valued the popular wish as the constitution provided for the unicameral legislative parliament, election to the Constituent Assembly, recognition of the Human Rights Commission as a constitutional organ, originally the appointed of the Commander-in-Chief by the Prime Minister and so on.

The Interim Constitution of Nepal, 2063 is the first constitution promulgated by the people. The constitution of 2047 accepted constitutional monarchy. The then King Gyanendra took the executive power in his hand as against the wish of the people. The armed Maoist revolution for ten years reached climax. All the democratic and communist parties, civil society and Maoist party jointly declared the revolution against monarchism and for the full fledged democracy. This revolution continued for 19 days and regained all the rights of the people snatched by the monarch. As a result constitution was promulgated by the power of Nepalese people.

The basic causes of the peaceful people's movement II are as follows:

  • The previous constitution could not address the desires and needs of the people.
  • The politics of the nations remained unstable and absence of peace.
  • The monarch tried to be active ruler as against the will of the people.
  • The people wanted to secure their right through new Nepal.
  • The aimed Maoist revolution supported and participated in the peaceful people's movement.

Following were the objectives of the people's revolution:

  • To overthrow the party less panchayat system.
  • To establish a multi-party democracy.
  • To safeguard the right of the people.
  • To bring the king under the constitution.
  • To bring rapid and harmonious development in the country.
  • To drive out social inequality immediately.

Constitution is the fundamental law of the land. It is prepared for the welfare of the people living in the country but the rules made for the progress and development of society is prepared under the constitution for special purpose in the society. It is subordinate to the constitution. Though it works independently, it should not be contradictory to the constitution, so constitution is the supreme law and these rules are prepared to make constitution cleaner and to make it practical in the society.

They are contrasted and compared separately as follows:
The interim constitution of Nepal 2063.

  • There are 25 parts, 167 articles and 4 schedules.
  • This is the first constitution made by the direct involvement of the people.
  • The supreme power is inherent in the people.
  • Secularism, multi-party democracy, all the languages are national languages, executive power is inherent in the cabinet, etc. have been managed in this constitution.
  • National human rights commission has been made the constitutional organ.
  • It has managed the appointment of the chief of the army by the cabinet.
    Nepal interim rule act, 1951.
      • It has 73 articles and 3 schedules.
      • It was promulgated by the king.
      • It was the first written constitution.
      • It had managed of cabinet, economic system, fundamental right advisory assembly, etc.

    The Interim Constitution of Nepal 2063 is a paper of agreement and compromise. It is clearly mentioned in the constitution that each decision and any national affairs and concerning matters will be decided through the agreement of several parties. It has been constitutionally mentioned that at least some compromises should be done by each parties until the formation of new government after the promulgation of new constitution through Constituent Assembly. It is the fact that constitution cannot be made until political parties come to an agreement and to come to an agreement everybody have to change their stance and incorporate others will. So, our constitution has directed to all to follow agreement and compromise.

    This will of the people is known as 'popular will'. It includes the will of majority people. However, it does not mean all the people have involvement in everything or all actions, in all places. It also does not mean that all the people rule. People elect the best possible candidate as their representative. A party having the majority of the representatives in the parliament forms government. The representatives rule according to the will of people rather than their party of followers alone. This is what is known as rule of popular will. Democratic means the implementation of their rules and execution of such rules by their representatives. Thus, it should have popular will and the legal popular will. In the lack of popular will the ruler becomes aristocracy rather than democracy. So, it is considered appropriate to rule according to the will of the people in democracy.

    The Constitution of Nepal 2072 BS was promulgated by President Ram Baran Yadav unveiled on behalf of Speaker Subash Chandra Nembang on 3rd Ashwin 2072 BS. It is divided into 35 parts, 308 articles, and 9 schedules. It is the seventh constitution of Nepal. It was amended on 9th Magh 2072 B.S. The following are the major characteristics of the constitution:

    • Secularism
    • Federal model with seven provinces
    • Democratic Republican State
    • Independent and fair judiciary
    • Executive rights on Council of Ministers
    • President as a ceremonial head of the state
    • Full press freedom
    • Citizenship by descent to a child of a Nepali father or mother
    • Sovereignty of people

    0%
    • When was the first constitution written in Nepal?

      2015 BS
      2007 BS
      2009 BS
      2004 BS
    • The first constitution of the land consisted of

      7 parts, 73 articles and 3 schedules.
      20 parts, 97 articles and 2 schedules
      5 parts, 97 articles and 2 schedules
      6 parts, 68 articles and 2 schedules
    • The Interim Constitution of Nepal 2063 BS consists of

      21 parts, 97 articles and 2 schedules
      6 parts, 97 articles and 2 schedules
      2 parts, 167 articles and 4 schedules
      8 parts, 73 articles and 3 schedules.
    • Which constitution established Nepal as a secular and republican state whose state power is inherent in the people?

      The constitution of Kingdom of Nepal 2047 BS
      The Interim Constitution of Nepal 2063 BS
      Nepal Interim Government Act 2007 BS
      The Constitution of Nepal 2019 BS
    • When was third constitution written?

      2015 BS
      2019 BS
      2047 BS
      2063 BS
    • What did Nepal Government Act 2004 BS consist of

      7 parts, 73 articles and 3 schedules
      6 parts, 68 articles and 2 schedules
      `10 parts, 77 articles and 3 schedules
      20 parts, 97 articles and 2 schedules
    • Which constitution established Nepal as a secular and republican state whose state, power was inherent in the people?

      The constitution of Nepal 2019 BS
      Nepal interim government act 2007 BS
      Nepal government act 2004 BS
      The interim constitution of Nepal 2063 BS
    • Which constitution gave recognition to Partyless Panchayat system?

      The constitution of Kingdom of Nepal 2047 BS
      The constitution of Nepal 2019 BS
      Nepal government act 2004 BS
      Nepal interim government act 2007 BS
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    avinash

    similarilitie between constitution 2063 and constitution 2072 ?


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    Karma

    Objectives of popular movement II ?


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    Kamal

    Difference between council of ministers of interim and present Constitution


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