Malcolm Rivera
Nepal's Constitution of 2072, also known as the Constitution of Nepal 2015 in the Gregorian calendar, was promulgated on 20 September 2015. The constitution, which is divided into 35 parts, 308 articles, and 9 schedules, is the seventh constitution in the history of Nepal since 1948. The constitution was drafted by the Second Constituent Assembly following the failure of the First Constituent Assembly to produce a constitution in its mandated period after the earthquake in April 2015.
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What You'll Learn
- The Constitution of Nepal came into effect on 20 September 2015, replacing the 2007 Interim Constitution
- The constitution is divided into 35 parts, 308 articles and 9 schedules
- It was drafted by the Second Constituent Assembly after the first failed to produce a constitution
- The constitution was endorsed by 90% of legislators, with 538 out of 598 members voting in favour
- The constitution is largely written in gender-neutral terms
The Constitution of Nepal came into effect on 20 September 2015, replacing the 2007 Interim Constitution
Nepal's Constitution came into effect on 20 September 2015, replacing the 2007 Interim Constitution. This was the seventh constitution in the history of Nepal since 1948. The constitution was drafted by the Second Constituent Assembly, following the failure of the First Constituent Assembly to produce a constitution in its mandated period after the earthquake in April 2015. The constitution was endorsed by 90% of legislators, with 538 out of 598 Constituent Assembly members voting in favour.
The constitution is divided into 35 parts, 308 articles, and 9 schedules. It is largely written in gender-neutral terms and includes important aspects such as the internalisation of the people's sovereign right and right to autonomy and self-rule, while maintaining the freedom, sovereignty, territorial integrity, national unity, independence, and dignity of Nepal. It also includes a commitment to a competitive multi-party democratic governance system, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, complete press freedom, an independent, impartial, and competent judiciary, and the concept of the rule of law.
The constitution was promulgated after the failure of the first Constituent Assembly to produce a constitution following the April 2015 earthquake. The institutions of the new constitution were put in place in 2010 and 2018 through a series of direct and indirect elections at the local, provincial, and federal levels. The constitution was drafted by the Second Constituent Assembly, and its promulgation was celebrated by Nepali politicians. Prime Minister Koirala, for example, stated that the new constitution was an opportunity to "consolidate unity" among diverse groups in the country.
The new constitution has been criticised for failing to satisfy the Madhesis, Tharus, and Janjatis, who together comprise approximately 49% of Nepal's population. Despite this, KP Oli, a political party member, stated that the constitution could be amended to incorporate the voices of disgruntled parties. The constitution has also been praised as the most progressive in South Asia in ensuring the rights of all Nepali people.
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The constitution is divided into 35 parts, 308 articles and 9 schedules
The current governing Constitution of Nepal came into effect on 20 September 2015, replacing the Interim Constitution of 2007. It is divided into 35 parts, 308 articles, and 9 schedules.
The Constitution was drafted by the Second Constituent Assembly following the failure of the First Constituent Assembly to produce a constitution in its mandated period after the earthquake in April 2015. The constitution was endorsed by 90% of the total legislators, with 538 out of 598 Constituent Assembly members voting in favour of it.
The Constitution of Nepal includes 31 fundamental rights, as outlined in Part 3 (Fundamental Rights and Duties). It also guarantees 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.
The Constitution commits Nepal to a competitive multi-party democratic governance system, civil liberties, human rights, adult franchise, periodic elections, complete press freedom, and an independent, impartial, and competent judiciary. It also includes provisions for the creation of the Supreme Court and the inclusion of socio-economic goals to be pursued by the state.
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It was drafted by the Second Constituent Assembly after the first failed to produce a constitution
The Constitution of Nepal, 2072, was promulgated on 20 September 2015. It was drafted by the Second Constituent Assembly after the first failed to produce a constitution.
The first Constituent Assembly of Nepal was a unicameral body of 601 members that served from 28 May 2008 to 28 May 2012. It was formed after the first Constituent Assembly election held on 10 April 2008. The Constituent Assembly (CA) was tasked with writing a new constitution and acting as the interim legislature for a term of two years. The Communist Party of Nepal (Maoist) [CPN (M)]—now reformed as the Communist Party of Nepal (Maoist Centre)—was the largest party in the Constituent Assembly, having won half of the constituency seats and about 30% of the proportional representation seats.
The CA's first meeting was held on 28 May 2008, and it voted to declare Nepal a federal democratic republic, thereby abolishing the monarchy. However, the CA faced challenges due to disagreements among the parties. Despite reaching agreements on some issues, such as peace, disarmament, and reintegration, the CA was unable to draft a new constitution during its tenure.
The second Constituent Assembly elections were initially scheduled for 22 November 2012 but were held a year later on 19 November 2013 after being postponed several times. The second Constituent Assembly successfully drafted the Constitution of Nepal, which came into effect on 20 September 2015.
The second Constituent Assembly had representation from thirty political parties and two independents at the start, although some parties later merged, reducing the number of parties involved. The Nepali Congress obtained the support of the CPN-UML for an NC-led consensus government, and they agreed to adopt a new constitution within a year.
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The constitution was endorsed by 90% of legislators, with 538 out of 598 members voting in favour
Nepal's Constitution of 2072, also known as the Constitution of 2015 in the Gregorian calendar, came into effect on 20 September 2015. This was eight years after the enactment of the Interim Constitution of 2007. The new constitution replaced the previous interim constitution.
The constitution was drafted by the Second Constituent Assembly, following the failure of the First Constituent Assembly to produce a constitution in its mandated period after the earthquake in April 2015. The new constitution was endorsed by 90% of legislators, with 538 out of 598 members voting in favour. Sixty people voted against it, including some Terai-based political parties, which refrained from the voting process.
The constitution-making process in Nepal has a long history, with several previous attempts to establish a governing framework for the country. The country's first constitution was promulgated in 1951 by King Tribhuwan. This was followed by the Constitution of the Kingdom of Nepal in 1959, which established a bicameral parliament but retained significant powers for the king. In 1962, King Mahendra promulgated a new constitution that strengthened the monarchy's authority. The first Jana Andolan, or Popular Revolt, in 1990 brought multi-party democracy back to Nepal and led to the enactment of the Constitution of the Kingdom of Nepal, which lifted the ban on political parties and enshrined fundamental rights.
The new constitution of 2015 is the seventh in Nepal's history since 1948. It is divided into 35 parts, 308 articles, and nine schedules. It includes important aspects such as the internalization of the people's sovereign right and the right to autonomy and self-rule, while maintaining Nepal's freedom, sovereignty, territorial integrity, national unity, independence, and dignity. It also commits to a competitive multi-party democratic governance system, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, complete press freedom, an independent judiciary, and the rule of law.
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The constitution is largely written in gender-neutral terms
The Constitution of Nepal, which came into effect on 20 September 2015, is largely written in gender-neutral terms. This was preceded by a long history of constitutional changes in the country, with the most recent previous constitution being the Interim Constitution of 2007.
The Nepali constitution is divided into 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 in its mandated period following the earthquake in April 2015. The constitution was endorsed by 90% of the total legislators, with 538 out of 598 Constituent Assembly members voting in favour of it.
The constitution includes several important aspects, such as the internalization of the people's sovereign right and right to autonomy and self-rule, while maintaining the freedom, sovereignty, territorial integrity, national unity, independence, and dignity of Nepal. It also includes a commitment to a competitive multi-party democratic governance system, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, complete press freedom, an independent, impartial, and competent judiciary, and the concept of the rule of law.
The constitution also provides for affirmative action to protect, empower, or develop citizens from marginalised communities, including socially or culturally backward women, Dalit, indigenous people, Madhesi, Tharu, Muslims, and several other groups. It establishes the executive power of Nepal, vesting it in the Council of Ministers, with the President appointing the parliamentary party leader of the majority party in the House of Representatives as the Prime Minister. The Federal Council of Ministers is limited to 25 Ministers, including the Prime Minister.
Overall, the Constitution of Nepal is a comprehensive and progressive document that seeks to uphold the rights and freedoms of its citizens while establishing a democratic and inclusive governance system. Its gender-neutral language is a significant feature that contributes to its inclusive nature.
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Frequently asked questions
The Constitution of Nepal 2072 was promulgated on 20 September 2015.
The Constitution of Nepal 2072 is the current governing constitution of Nepal. It outlines the laws and rules agreed upon by the people of Nepal and limits the powers and functions of the government.
The Constitution of Nepal 2072 has 35 parts, 308 articles, and 9 schedules. It includes provisions for federalism, a republic system, and proportional representation. It also ensures the protection of fundamental rights and freedoms, such as freedom of speech and freedom of religion.
Yes, Nepal has had several constitutions in its history. The previous constitution was the Interim Constitution of 2007, which was enacted after the failure of the First Constituent Assembly to produce a constitution following an earthquake in April 2015.
The Constitution of Nepal 2072 was drafted by the Second Constituent Assembly and endorsed by 90% of the total legislators. It was then promulgated on 20 September 2015 and came into effect on the same day, replacing the Interim Constitution of 2007.
