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 that issued by Constituent Assembly in the history of Nepal. After promulgation of Constitution of Nepal, 2072 the Constituent Assembly converted into Legislature Parliament of Nepal.
Sailent Features of Constitution of Nepal 2072
The features of 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 other all derive their authority and power from that supreme law. All law must be consistent with supreme law but if any law conflicts with supreme law then that law is void. Constitution of Nepal is the supreme law of the 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 others law of Nepal must be consistent with the Constitution of Nepal otherwise such law cannot be 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 mention 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 is one that does not consider anyone's religion as an official religion. A secular state means such state which remains neutral and doesn't favour any religion as 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 as secular country rather than any religious based country.
5. Adopted Federal System of Government: Federal country means those country which adopt the federal system of the government. In this system, there is two or more than 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 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 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 sailent features of the Constitution of Nepal, 2072. The preamble of the constitution of Nepal, 2072 mentioned that there shall be a independent, impartial and competent judiciary in Nepal. Part 11 of the Constitution has also mentioned the provisions of Judicial Council for the appointment of judges of different courts for keeping judiciary independent and impartial.
7. Principle of Rule of Law, Constitutionalism and Limited Government: Rule of law means rule according to law. The government and it's organ must act under law and no organ can act arbitrarily. Constitutionalism means the government should carry out it's functions according to the constitution and should act as mentioned in the constitution. The Constitution of Nepal has adopted the principal of rule of law, constitutionalism and limited government under it's preamble. These principles limit the lower of government in written form and the government is not free to do whatever it like.
8. Three Level of Government: The Constitution of Nepal is the first constitution which declared Nepal as Federal Democratic Republican State for the first time. The Constitution of Nepal has talked about three levels of government named Federal Government, State Government and Local Government. There is a federal government for the whole country, 7 provincial government for 7 provinces and 753 local level government for 753 local level.
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's mena a District Court in each district, a High Court in each Province and a Supreme Court in Center for 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 individuals 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 which 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. The Part 21 to 27 of the Constitution of Nepal, 2072 has mentioned different constitutional bodies and it's composition, power, functions and duties.
12. Power of Judicial Review to Supreme Court: Judicial review is the power 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 guranteed the judicial review power. The Supreme Court can declares any law void if it founds such law inconsistent with the constitution.
13. Special Provisions for Motion of Vote of Non-confidence: 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 the vote of non-confidence can be presented by one fourth members of the parliament and when the majority of members of the parliament passes vote of non-confidence then the terms of prime minister becomes over. Article 100 of the Constitution of Nepal, 2072 has mentioned the provisions of vote of non-confidence. There is provision of 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 Principle of Inclusion: The appointments to offices of Constitutional Organs and Bodies and Nepalese ambassadors, and special emissaries are to be made on the basis of the principle of inclusion.
15. Only Decent Citizens shall be appointed to high level post 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 in the Federal Parliament are to be women. There is also provisions that one of the chairperson and vice chairperson of local level government should be women.
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 these all things are limited in the paper only. The government itself violating the provisions of the constitution and also reducing the trust of people on the government.
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