What are the main features of the constitution of Nepal 2072?

features of the constitution of Nepal 2072

The Constitution of Nepal 2072 is the present Constitution of Nepal by which our country is governed. The Constitution of Nepal, 2072 promulgated on 3rd Ashoj 2072 BS by repealing the Interim Constitution of Nepal, 2063. The Constitution of Nepal, 2072 has 35 parts, 308 Articles and 9 Schedules. It is the first constitution issued by the Constituent Assembly in the history of Nepal. After the promulgation of the Constitution of Nepal, in 2072 the Constituent Assembly converted into the Legislature Parliament of Nepal.

Salient Features of the Constitution of Nepal 2072

The features of the Constitution of Nepal have been described below:

1. Fundamental law of the land: Fundamental law of the land means the supreme law of the country and all others derive their authority and power from that supreme law. All laws must be consistent with supreme law but if any law conflicts with supreme law then that law is void. The Constitution of Nepal is the supreme law of Nepal because Article 1 (1) of the Constitution of Nepal states that this constitution is the fundamental law of Nepal. Any law inconsistent with this Constitution shall, to the extent of such inconsistency, be void. All other laws of Nepal must be consistent with the Constitution of Nepal otherwise such laws cannot survive.

2. First Constitution made by the Constituent Assembly: The Constitution of Nepal, 2072 is the first constitution in the history of Nepal that is issued by the constituent assembly. Before the promulgation of the Constitution of Nepal, 2072 there are already six constitutions were promulgated but that's were issued by the Constitution Drafting Committee and Legislature Parliament.

3. Sovereignty and state power vested into people: Sovereignty is a political concept that refers to dominant power or supreme authority. Article 2 of the Constitution of Nepal mentions that the sovereignty and state power of Nepal shall be vested in the Nepali people. This means Nepali people are the supreme.

4. Declared Nepal as a Secular State: A secular state does not consider anyone's religion as an official religion. A secular state is such a state which remains neutral and doesn't favor any religion as the religion of the state. A secular state also treats all its citizens equally, regardless of religion. The Constitution of Nepal 2072 has also declared Nepal a secular country rather than any religious-based country.

5. Adopted Federal System of Government: A Federal country means that country that adopts the federal system of government. In this system, there are two or more two tiers of government. First is central government for the whole country and the second is state government for the particular state only. The Constitution of Nepal, 2072 has declared Nepal as a federal country and adopted the federal system of government. The Constitution of Nepal, 2072 adopted three layers of government named Federal Government, Provincial Government, and Local Level Government.

6. Provisions for Independent Judiciary: Independent Judiciary means the judiciary must be free from all kinds of pressure and interference from any public organs of the government as well as any private organization and individuals. Independent judiciary is another important salient feature of the Constitution of Nepal, 2072. The preamble of the constitution of Nepal, 2072 mentioned that there shall be an independent, impartial, and competent judiciary in Nepal. Part 11 of the Constitution has also mentioned the provisions of the Judicial Council for the appointment of judges of different courts for keeping the judiciary independent and impartial.

7. Principle of Rule of Law, Constitutionalism, and Limited Government: The rule of law means rule according to law. The government and its organs must act under the law and no organ can act arbitrarily. Constitutionalism means the government should carry out its functions according to the Constitution and should act as mentioned in the Constitution. The Constitution of Nepal has adopted the principle of the rule of law, constitutionalism, and limited government under its preamble. These principles limit the lower of government in written form and the government is not free to do whatever it likes.

8. Three Levels of Government: The Constitution of Nepal is the first constitution that declared Nepal as a Federal Democratic Republican State for the first time. The Constitution of Nepal has talked about three levels of government Federal Government, State Government, and Local Government. There is a federal government for the whole country, 7 provincial governments for 7 provinces, and 753 local-level governments for 753 local levels.

9. Three Tiers of Court: The Constitution of Nepal has described that there shall be three tiers of court i.e. Supreme Court, High Court, and District Court. There are 77 District Court, 7 High Court, and a Supreme Court in Nepal. It has a District Court in each district, a High Court in each Province, and a Supreme Court in the Center of the whole country.

10. Provisions of Fundamental Rights and Duties: Fundamental Rights are the basic human rights guaranteed and protected by the constitution which is essential for every individual for their proper development. The Constitution of Nepal has guaranteed 31 fundamental rights to the citizens of Nepal under Part 3 of the Constitution. This Constitution is the first constitution that has described fundamental duties for the citizens of Nepal as well.

11. Provisions for Constitutional Bodies: Constitutional Bodies are such bodies that are established by the Constitution to carry out their functions independently for implementing and protecting the Constitution. The Constitution of Nepal has described thirteen constitutional bodies to carry out functions to implement the constitution. Parts 21 to 27 of the Constitution of Nepal, 2072 have mentioned different constitutional bodies and their composition, power, functions, and duties.

12. Power of Judicial Review to Supreme Court: Judicial review is the power of the court by which a court can declare any law void if it is inconsistent with the Constitution. It prevents the legislature from enacting unlawful acts. Article 133 (1) of the Constitution of Nepal has guaranteed the judicial review power. The Supreme Court can declare any law void if it finds such law inconsistent with the Constitution.

13. Special Provisions for Motion of Vote of Non-confidence: A motion of Vote of Non-confidence is moved by the members of the Parliament against the Prime Minister if the members of Parliament are not satisfied with the work and action of the Prime Minister. The motion for a vote of non-confidence can be presented by one-fourth members of the parliament and when the majority of members of the parliament pass a vote of non-confidence then the terms of the prime minister become over. Article 100 of the Constitution of Nepal, 2072 has mentioned the provisions of vote of non-confidence. There is the provision that a vote of non-confidence can be moved only after two years of the appointment of the prime minister until any party takes back the support.

14. Appointment of Officials in Various Constitutional Organs based on the Principle of Inclusion: The appointments to offices of Constitutional Organs and Bodies and Nepalese ambassadors, and special emissaries are to be made based on the principle of inclusion.

15. Only Decent Citizens shall be appointed to high-level posts of the government: A person having the citizenship of Nepal by descent only qualified to be elected, nominated, or appointed as President, Vice-President, Prime Minister, Chief Justice, Speaker of the House of Representatives, Chief of State, Chief Minister, Speaker of a State Assembly and chief of a security body. 

16. Special Provisions for increasing Women's Participation: There are various provisions mentioned in the constitution for increasing the participation of women in the decision-making position of the state. There is a compulsory provision that at least one-third of the total number of members elected from each political party representing the Federal Parliament are to be women. There are also provisions that one of the chairperson and vice chairperson of local level government should be a woman.

Conclusion

We can say that the Constitution of Nepal, 2072 is the first constitution that declared Nepal as the federal democratic republican state. It is the first constitution that makes Nepal a secular state. The Constitution of Nepal, 2072 has adopted a lot of new provisions for promoting democracy in Nepal. But all these things are limited in the paper only. The government itself violates the provisions of the constitution and also reduces the trust of people in the government.

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