Subject: Social Studies
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 During, the constitutional development of Nepal, the government of Nepal Act 2004 B.S is the first and historical document of Nepal which was declared by the Shree III Padma Shamsher JBR.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:
The first constitution remained a constitution without implementation because of the undue pressure from resistant Ranas who did not want the countrymen to progress.
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 flaws of constitution of 2047 BS was that it gave more executive power to the King.
If there were no rules for my school, my school would be undisciplined and hazardous. The students would not cooperate with the teachers and would do as they wished which would not only hamper their studies but also their behavioral activities.
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:
Following were the objectives of the people's revolution:
They are contrasted and compared separately as follows:
The interim constitution of Nepal 2063.
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.
Explain the major characteristics of 'The 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:
State any two features of 'The Constitution of Nepal 2072 BS'.
The features of 'The Constitution of Nepal 2072 BS' are:
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