Jonah Patel
The Interim Constitution of Nepal 2063, also known as the Interim Constitution of Nepal 2007, was promulgated and implemented throughout Nepal in 2007. It was the second interim constitution and was drafted to make Nepal a secular democratic state. The constitution was highly democratic and inclusive, proposing a Constituent Assembly for constitution-making as per the wish of the Nepali people. It consisted of 25 parts, 167 articles, and 4 schedules.
| Characteristics | Values |
|---|---|
| Date of Promulgation | 1st Magh 2063 (2007) |
| Type of Constitution | Interim |
| Country | Nepal |
| Constituent Assembly Term | 2 years with a possible extension of 6 months |
| Number of Tiers of Courts in Nepal | 3 |
| Highest Court | Supreme Court |
| Number of Judges in the Supreme Court | 15 (including Chief Justice) |
| Tenure of Judges of the Supreme Court | 65 years |
| President's Term of Office | Until commencement of constitution to be promulgated by the Constituent Assembly |
| President's Age Requirement | 35 years |
| Vice President Requirement | Yes |
| Secular Democratic State | Yes |
| Sovereign and Independent | Yes |
| Multi-Ethnic, Multi-Lingual, Multi-Religious, and Multi-Cultural | Yes |
| National Languages | All languages spoken as Mother Tongues |
| Number of Fundamental Rights | 21 |
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What You'll Learn
The Interim Constitution of Nepal 2063 (2007) was the second interim constitution
Nepal's constitutional development has seen several changes over the years, with the country experiencing six different constitutions enacted in 1948, 1951, 1959, 1962, 1990, and 2007. The Interim Constitution of Nepal 2063 (2007) was the second interim constitution in the country's history, following the Interim Government of Nepal Act of 1951.
The 2007 Interim Constitution was promulgated on January 15, 2007, and consisted of 25 parts, 167 articles, and 4 schedules. This constitution was the result of the 2007 democracy movement in Nepal and provided for a Constituent Assembly to draft a temporary constitution for the country. The Constituent Assembly was tasked with promulgating a new constitution by April 28, 2010, but disagreements led to delays and extensions.
The Interim Constitution of 2007 was eventually replaced by the current Constitution of Nepal, which came into effect on September 20, 2015. The new constitution was drafted by the Second Constituent Assembly after the First Constituent Assembly failed to produce a constitution following the earthquake in April 2015. It is divided into 35 parts, 308 articles, and 9 schedules and was endorsed by 90% of the total legislators.
Nepal's constitutional history has been marked by the introduction of democratic elements, the strengthening of the monarchy, and the ongoing struggle to balance power between the king and elected representatives. The Interim Constitution of Nepal 2063 (2007) played a crucial role in the country's transition towards a more democratic and representative form of governance.
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It was drafted in 9th Bhadra 2063 and implemented in 1st Magh 2063
The Interim Constitution of Nepal 2063 was drafted on the 9th of Bhadra 2063 and implemented throughout Nepal on the 1st of Magh 2063. This was the second interim constitution, and it made Nepal a secular democratic state.
The constitution was promulgated in 2007 and consisted of 25 parts, 167 articles, and 4 schedules. It was highly democratic and inclusive, proposing a Constituent Assembly for constitution-making as per the wishes of the Nepali people. The Constituent Assembly was a major feature of the constitution, with the term of the assembly lasting two years from the date of its first meeting, with the possibility of extending for another six months.
The Preamble of the Constitution stated that the major objective was to uphold the basic rights of the Nepali people to frame the Constitution for themselves and participate in the Election of the Constituent Assembly. It also expressed the multi-ethnic, multi-lingual, multi-religious, and multi-cultural characters of Nepal, guaranteeing that all languages spoken as mother tongues in the country are considered national languages.
The Interim Constitution of Nepal 2063 was repealed by the Constitution of 2015, which came into effect on 20 September of that year.
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It made Nepal a secular democratic state
The Interim Constitution of Nepal was promulgated on 15 January 2007. It was a highly democratic and inclusive constitution that proposed a Constituent Assembly for constitution-making as per the wish of the people.
Article 4 of the 2007 Interim Constitution stated that Nepal is an "independent, indivisible, sovereign, secular, inclusive, and fully democratic state". This was the first time in Nepal's history that the constitution was prepared and promulgated by people's representatives under political consensus.
The Interim Constitution of 2007 was a temporary provision for an inclusive constitution-making process in Nepal. It paved the way for the removal of the monarchy and the establishment of secularism and republicanism in the country. The constitution was formulated as a political consensus reached between the Seven Party Alliance (SPA) and the Maoists. It was drafted in accordance with the mandate expressed by the people through the popular movement for democracy, peace, and progress in the nation.
The Interim Constitution of 2007 also provisioned a National Security Council, a Constitutional Council, and an Election Area Commission. It ensured proportional inclusiveness throughout the state mechanism, prioritizing backward ethnic groups, women, and indigenous groups with a quota system.
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It planned for a Constituent Assembly to make a new constitution
The Interim Constitution of Nepal was promulgated on 15 January 2007. It planned for a Constituent Assembly (CA) to make a new constitution. The CA was elected in April 2008 and was made up of 601 members. The task of the CA, as outlined in the Interim Constitution, was to create a new constitution "by the people of Nepal themselves". This process involved restructuring the state, including the adoption of a federal system, with the aim of ending discrimination based on class, caste, language, gender, culture, religion, and region.
The first Nepalese Constituent Assembly failed to draft a new constitution and was dissolved on 28 May 2012, after its original and extended four-year tenure. The CA was unable to agree on key issues, including the system of governance, the judicial system, and federation issues such as the number, name, and areas of the states to be formed.
The next CA elections were scheduled for 22 November 2012 but were postponed several times and eventually held on 19 November 2013. The Maoists won the most seats in the 2013 CA election but needed to form a coalition government with other parties. The leading political parties, NC, the CPN (M), and the CPN (UML), discussed who would be the new president. The NC supported Prime Minister and interim Head of State Girija Prasad Koirala, while the CPN (UML) favoured Madhav Kumar Nepal, its former Secretary-General. However, the CPN (M) preferred an independent figure as president rather than a party figure.
The Second Constituent Assembly successfully drafted the new constitution, which came into effect on 20 September 2015. The constitution was endorsed by 90% of legislators, with 538 out of 598 members voting in favour.
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It was repealed by the Constitution of 2015
The Interim Constitution of Nepal, 2007 was repealed by the Constitution of 2015, which came into effect on 20 September 2015. The 2015 Constitution is the seventh constitution in Nepal's history and consists of 35 parts, 308 articles, and 9 schedules. It was drafted by the Second Constituent Assembly, after the First Constituent Assembly failed to produce a constitution following the earthquake in April 2015.
The 2015 Constitution was endorsed by 90% of legislators, with 538 out of 598 Constituent Assembly members voting in favour. However, it faced opposition from some groups, including a few Terai-based political parties, who argued that it did not adequately represent their interests. The Madhesis, Tharus, and Janjatis, who together comprise approximately 49% of Nepal's population, were among those unsatisfied with the new Constitution.
One of the main points of contention was the proposed boundaries of the new provinces. The Tharu and Madhesi groups wanted provinces to be demarcated based on the concentration of ethnic populations, but the three major parties objected, arguing that this would lead to further protests and violence. The new document also reduced the percentage of parliament elected by proportional representation, which had previously helped more members of indigenous and low-caste groups get elected.
The 2015 Constitution made Nepal a federal republic, divided into seven provinces, each with clear lists of legislative powers for central, provincial, and local bodies. It included a commitment to a multi-party democratic governance system, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, press freedom, and an independent judiciary. It also emphasised the internalisation of the people's sovereign right and right to autonomy and self-rule, while maintaining Nepal's freedom, sovereignty, territorial integrity, national unity, independence, and dignity.
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Frequently asked questions
The Interim Constitution of Nepal 2063 was promulgated in 2007.
The Interim Constitution of Nepal 2063 was the second interim constitution that made Nepal a secular democratic state and planned for a Constituent Assembly to create a new constitution.
The Constituent Assembly was a significant feature of the Interim Constitution of Nepal 2063, tasked with formulating a new constitution by the Nepali people themselves.
The Interim Constitution of Nepal 2063 was implemented in 2007 and remained in force until it was repealed by the Constitution of 2015.
