Salient Features of the Interim Constitution of Nepal 2063

Subject: Social Studies and Population Education

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The constitution is the supreme law of the country and all other laws are subordinate to it. This note has information about the salient features of Interim constitution of Nepal 2063.
Salient Features of the Interim Constitution of Nepal 2063

The constitution is the supreme law of the country and all other laws are subordinate to it. Any laws inconsistent with the constitution are declared void to the level of their inconsistency.Since a constitution is the most authentic political and legal document of the land, it limits the power of government, protects people's rights and delegated power to different offices.The constitution is formulated with due regards to the people's rights and their will and the need of the nation. It reflects the characteristics and aspirations of the state. The constitution is essential to the preservation of people's rights and justice, to fulfill the wish of the people and to direct the nation to a specific goal.

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Salient Features

The following are the salient features of the Interim Constitution of Nepal 2063 BS.

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  1. Document of Political consensus: The constitution was formulated and promulgated as a political consensus reached between the then Seven Party Alliance (SPA) and the Maoist.
  2. Formulated as per the popular wish: It was formulated as per the mandate expressed by people through the popular movement II for democracy, peace and progress of the nation. It is the first constitution to be promulgated by the people.
  3. State power and sovereignty inherent in people: As laid in the preamble, the state power and sovereignty of Nepal is inherent in people.
  4. The executive power inherent in the Council of Ministers: This constitution authorizes the Prime Minister, chosen by the legislature, as the chief executive. The President remains just a nominal head of state.
  5. Establishment of secularism and republication: According to Article 4 of the constitution, Nepal is an 'independent, indivisible, sovereign, secular, inclusive and fully democratic state.' The fourth amendment of the constitution declared Nepal 'a federal democratic republican state.' The implementation of which was approved by the first meeting of the Constituent Assembly held on 15 Jestha 2065.
  6. Unicameral legislative parliament: Originally, the interim constitution provided for a unicameral legislative parliament consisting of 330 members. The parliament was represented by the parties in the seven Party Alliance, the Maoists as well as some smaller parties. Later at the turn of 2064 BS, it was replaced by the 601-member elected Constituent Assembly that also acted as the legislative parliament.
  7. Recognition of the National Human Rights Commission as a constitutional organ: According to the provision made, part 15 of the constitution, the National Human Rights Commission has been recognized as a constitution organ of Nepal.
  8. Guarantee of more fundamental rights:This constitution of the first time in Nepalese History enshrines the fundamental rights such as Right against Untouchability and Discrimination on Caste, Right regarding Environment and Health, Women's right, Right to Social justice, Children Rights and Right to Employment and security. We will Learn about their provisions in the next lesson.
  9. Provision for the election to Constituent Assembly:As stated in the preamble of the constitution, this constitution was to work for until the promulgation of a new constitution and to function towards this specific missionary process of making a new truly democratic constitution.
  10. The multi-party democratic system of government: This constitution provides for the competitive multi-party democratic system of government. In other words, the constitution enshrines the parliamentary democratic system of government in which a parliament member is the head of the Council of Ministers and the council is responsible to the parliament, so directly to the people.
Things to remember
  • The constitution is the supreme law of the country and all other laws are subordinate to it.
  • The constitution was formulated and promulgated as a political consensus reached between the then Seven Party Alliance (SPA) and the Maoist.
  • This constitution provides for competitive multi party democratic system of government. 
  • According to Article 4 of the constitution, Nepal is an 'independent, indivisible, sovereign, secular, inclusive and fully democratic state.'
  • It includes every relationship which established among the people.
  • There can be more than one community in a society. Community smaller than society.
  • It is a network of social relationships which cannot see or touched.
  • common interests and common objectives are not necessary for society.
Videos for Salient Features of the Interim Constitution of Nepal 2063
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Questions and Answers

The preamble of the constitution is fundamental rights, human rights, adult franchise, periodic elections, full press freedom, independent judicature and concept of the rule of law.

Constitution Assembly enforced the promulgation of the Interim Constitution of Nepal 2063 BS.

Nepal was declared a republican state at 4th amendment 2065 BS.

The present constitution of Nepal is a document of political consensus as all the political parties reached a conclusion that we need a certain kind of constitution that will have every right and power vested in people. For institutionalizing the achievements of the revolutions and movements, and to construct a new constitution as said, above all, the parties made a pact and created our interim constitution.

According to me, following are the most important salient features of constitution:

  • Recognition of National Human Rights Commission as a constitutional organ: Providing human rights to people is very important. According to the provision made, the National Human rights have been recognized.
  • Guarantee of more fundamental rights: It enshrines the additional fundamental rights such and the untouchability and discrimination on caste, right regarding environment and health, women' right, the right to social justice etc.
  • State power and sovereignty inherent in people: As laid down in the preamble the state power and sovereignty of Nepal is inherent in people.

The interim constitution of Nepal 2063 is called the constitution of people because for the first time in the history of Nepal it was prepared and promulgated by the people's representatives under political consensus.

Nepal was declared a republican state at 4th amendment 2065 BS.

Nepal is an independent, indivisible, sovereign, secular, inclusive, federal democratic republican state as Nepal has never been under any foreign rule and although having all variable political and economical issues, Nepal is indivisible state. With the promulgation of interim constitution 2063, we became secular and republic state. Due to the brave Nepali fighting in wars and internal love for Nepal this is an indivisible state. Nepali citizens went through a lot to make Nepal a sovereign, secular and federal democratic republican state.

The interim constitution of Nepal 2063 is called the constitution of people because for the first time in the history of Nepal it was prepared and promulgated by the people's representatives under political consensus.

If I were a member of the constitution reform and recommendation commission, I would give the priority to the following aspects:
  • People's participation development
  • Peaceful co-existence
  • Priority to legal supremacy and execution
  • End of corruption
  • Free and compulsory education for all.

The time is changeable. The laws of yesterday may be useless today due to the change in time and hopes of people. The provisions of the constitution can't be applicable as per the change and development in the society. The amendment has been managed in the Interim Constitution to block the harms due to the standstill constitution. The amendment will overcome the problems seen in the constitution while administering the nation. It's good aspect is that the constitution can be made at the wish of the people whenever they want. It's bad aspect is that the constitution can be made in their favor of any political party has the majority in the parliament which cannot be accepted by other political parties. Similarly, it can be costly and less trustworthy to the people.

The following are the seven major features of the present constitution of Nepal 2063 BS: -

  1. Document of Political consensus: The constitution was formulated and promulgated as a political consensus reached between the then Seven Party Alliance (SPA) and the Maoist.
  2. Formulated as per the popular wish: It was formulated as per the mandate expressed by people through the popular movement II for democracy, peace and progress of the nation. It is the first constitution to be promulgated by the people.
  3. State power and sovereignty inherent in people: As laid in the preamble, the state power and sovereignty of Nepal is inherited in people.
  4. An executive power inherent in the Council of Ministers: This constitution authorizes the Prime Minister, chosen by the legislature, as the chief executive. The President remains just a nominal head of state.
  5. Establishment of secularism and republication: According to Article 4 of the constitution, Nepal is an 'independent, indivisible, sovereign, secular, inclusive and fully democratic state.' The fourth amendment of the constitution declared Nepal 'a federal democratic republican state.' The implementation of which was approved by the first meeting of the Constituent Assembly held on 15 Jyeshtha 2065.
  6. Unicameral legislative parliament: Originally the interim constitution provided for a unicameral legislative parliament consisting of 330 members. The parliament was represented by the parties in the seven Party Alliance, the Maoists as well as some smaller parties. Later at the turn of 2064 BS it was replaced by the 601-member elected Constituent Assembly that also acted as the legislative parliament.
  7. Guarantee of more fundamental rights: This constitution of the first time in Nepalese History enshrines the fundamental rights such as Right against Untouchability and Discrimination on Caste, Right regarding Environment and Health, Women's right, Right to Social justice, Children Rights and Right to Employment and security.You will Learn about their provisions in the next lesson.
Misunderstanding among the political parties is the main reason behind the delay of constitution forming process.
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