Eleanor Finch
Nepal's current constitution was promulgated on 20 September 2015. It is the seventh constitution in the history of Nepal since 1948 and contains 308 articles, 35 parts, and nine schedules. The constitution-making process in Nepal was long and complex, with several delays due to disagreements and political crises. The Interim Constitution, promulgated in 2007, provided for a Constituent Assembly to draft a new constitution, which was initially supposed to be promulgated by 28 April 2010. However, the Constituent Assembly repeatedly extended the Interim Constitution due to continued differences on key issues. The new constitution was finally adopted in 2015, eight years after the enactment of the Interim Constitution.
| Characteristics | Values |
|---|---|
| Date of promulgation | 20 September 2015 |
| Previous constitution | Interim Constitution, promulgated in 2007 |
| Number of articles | 308 |
| Number of parts | 35 |
| Number of schedules | 9 |
| Type of government | Federal democratic republic |
| Type of state | Secular |
| Official language | Nepali, written in Devanagari script |
| Other official languages | One or more languages spoken by the majority in each province |
| Citizenship | Birthright citizenship for those with permanent domicile in Nepal, whose parents are citizens of Nepal |
Explore related products
What You'll Learn
The current constitution was promulgated on 20 September 2015
Nepal's current constitution was promulgated on 20 September 2015. It is the seventh constitution in the history of Nepal since 1948. The constitution was adopted eight years after the enactment of the Interim Constitution, which was promulgated in 2007 following the 2007 democracy movement in Nepal.
The constitution-building process was plagued by recurrent political crises, leadership changes, deadlocks, and constant amendments to the Interim Constitution. The Constituent Assembly, which was charged with writing Nepal's temporary constitution, initially failed to meet the deadline of 28 April 2010 for promulgating the new constitution. The deadline was extended by a year, but the Constituent Assembly was dissolved on 28 May 2012 after it failed to finish the constitution, leaving the country in a legal vacuum.
The new constitution was finally promulgated in 2015, eight years after the enactment of the Interim Constitution. It consists of 308 Articles, 35 parts, and nine schedules. It is considered a progressive constitution, institutionalising changes brought about by people's movements, such as federalism, republic, and proportional representation. It also includes important aspects such as the internalisation of the people's sovereign right and the right to autonomy and self-rule, while maintaining Nepal's independence, sovereignty, and dignity.
The constitution also addresses issues such as the system of governance, the judicial system, and federation matters like the number, name, and areas of the states. It provides for a competitive multi-party democratic governance system, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, press freedom, and an independent judiciary. It is the fundamental law of Nepal, and all laws inconsistent with it are void.
Citing the Constitution: Chicago Style Guide
You may want to see also
It is the seventh constitution in Nepal's history
Nepal's current constitution, which came into effect on 20 September 2015, is the seventh in the country's history. The constitution-making process in Nepal has been a long and challenging one, with several previous attempts at drafting a constitution failing to satisfy all segments of the country's diverse society.
Nepal has a long history of constitutional development, with six previous constitutions enacted in 1948, 1951, 1959, 1962, 1990, and 2007. The country's first constitution in 1948 introduced limited democratic elements but was ultimately unsuccessful due to the reluctance of the ruling Rana dynasty to relinquish power. The 1951 constitution, established after an armed revolution, returned traditional powers to the king and created a judicial branch and a Bill of Rights. The 1959 constitution established a bicameral parliament, but the king retained significant powers, including the ability to appoint half of the Senate members and suspend parliament under certain circumstances.
The 1990 constitution, promulgated after the first Jana Andolan or Popular Revolt, brought multi-party democracy back to Nepal and curtailed the authority of the king. It also enshrined fundamental rights and increased the democratic character of the state. However, critics argued that it did not adequately represent all sectors of Nepal's multicultural society. Following the 2007 democracy movement, an Interim Constitution was promulgated, providing for a Constituent Assembly to draft a new constitution.
The process of drafting the new constitution was fraught with disagreements and delays. Despite the new assembly's commitment to promulgating the constitution by 22 January 2015, continued differences on key issues prevented this from happening. Finally, on 20 September 2015, the new constitution was promulgated. It is the most progressive in South Asia in ensuring the rights of all Nepali citizens, institutionalising federalism, and embracing the sovereign right of the people to autonomy and self-rule.
Constitutional Rights: Who, Where, and When?
You may want to see also
The Interim Constitution was promulgated in 2007
Nepal's Interim Constitution was promulgated on 15 January 2007. This was the seventh constitution in the country's history, and it came after the 2007 democracy movement in Nepal. The Interim Constitution provided for a Constituent Assembly, which was tasked with drafting a temporary constitution for the country. The Constituent Assembly was given until 28 April 2010 to promulgate the new constitution, but they were unable to meet this deadline due to disagreements.
The Constituent Assembly elections took place on 10 April 2008, with the Maoist party winning 220 seats and becoming the largest party. However, the formation of a consensus government was delayed, prompting the addition of the Fifth Amendment to the Interim Constitution, which was adopted on 13 July 2008. This amendment provided the basis for the formation of a majoritarian government. The Constituent Assembly approved a set of regulations and procedures for drafting the country's constitution and established 14 committees to carry out the drafting process.
The constitution-making process faced major obstacles, as the predominant political parties could not find common ground on many issues, including federalism, the modality of government, the management of arms, and the Maoist combatants. The Constitutional Committee (CC) adjourned its proceedings in March 2010, unable to complete the first draft of the constitution due to unresolved contentious issues. An amendment to the Interim Constitution extended the term of the Constituent Assembly for another year, until 28 May 2011.
On 25 May 2011, the Supreme Court of Nepal ruled that the 2010 extension of the Interim Constitution was not right, and the Constituent Assembly repeatedly extended the Interim Constitution. However, they failed to finish the constitution, and on 28 May 2012, the Constituent Assembly was dissolved, leaving the country in a legal vacuum. New elections were held in November 2013, and the new assembly committed to promulgating the new constitution by 22 January 2015. However, this deadline was also missed due to continued differences on key issues.
Wealthy Men: The Economic Status of Constitution Framers
You may want to see also
Explore related products
The Interim Constitution was extended in 2010
The current constitution of Nepal was promulgated on 20 September 2015. It replaced the Interim Constitution of 2007.
The Interim Constitution was supposed to be replaced by a new constitution by 28 April 2010. However, the Constituent Assembly (CA) failed to deliver the final constitution by the deadline due to disagreements. An amendment was then passed to extend the term of the CA for another year, until 28 May 2011.
The CA continued to face challenges in finalizing the constitution, and the Supreme Court of Nepal ruled on 25 May 2011 that the extension of the Interim Constitution in 2010 was not valid. Despite this ruling, the CA repeatedly extended the Interim Constitution.
The CA was ultimately dissolved on 28 May 2012 after failing to finish the constitution, leaving the country in a legal vacuum. New elections were held in November 2013, and the new assembly committed to promulgating the new constitution on 22 January 2015. However, this deadline was also missed due to continued differences on key issues.
Finally, on 20 September 2015, the new Constitution of Nepal was promulgated, marking an important step towards stability, consensus, and prosperity for the country.
Crimes in the US Constitution: Treason, Piracy, Counterfeiting
You may want to see also
The new constitution was drafted by the Constituent Assembly
Nepal's current constitution was promulgated on 20 September 2015. It is the seventh constitution in the history of Nepal since 1948 and consists of 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.
The First Constituent Assembly was dissolved on 28 May 2012, after four years of constitution drafting, leaving the country in a legal vacuum. New elections were held on 19 November 2013, and the Second Nepalese Constituent Assembly was formed. The Second Constituent Assembly successfully drafted the new constitution, which was endorsed by 90% of the total legislators.
The Constituent Assembly had to overcome several challenges and disagreements to draft the new constitution. There were continued differences on key issues, including the system of governance, the judicial system, and federation issues. The Constituent Assembly also had to navigate the aftermath of the earthquake in April 2015, which further delayed the constitution-drafting process.
The new constitution was a significant step forward for Nepal, institutionalizing federalism, a republic, and proportional representation. It embraced the sovereign right of the people, the right to autonomy and self-rule, and the commitment to a competitive multi-party democratic governance system. The constitution also included important aspects such as the separation of church and state, the right to culture, and the official religion.
The promulgation of the new constitution was met with celebratory remarks from Nepal's political leaders. Prime Minister Koirala congratulated the people of Nepal and emphasized the need for unity among the diverse groups in the country. The President of Nepal also extended his best wishes, stating that the new constitution would protect the aspirations and identity of all regions and communities equally.
Our Forfathers' Constitution: A Legacy of Sacrifice
You may want to see also
Frequently asked questions
The current constitution of Nepal was promulgated on 20 September 2015.
The 2015 Constitution of Nepal embraces the sovereign right of the people and the right to autonomy and self-rule, while maintaining Nepal's independence, sovereignty, territorial integrity, national unity, freedom, and dignity. It also commits to a multi-party democratic governance system, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, complete press freedom, and an independent, impartial, and competent judiciary.
The previous constitution of Nepal was the Interim Constitution, which was promulgated in 2007.
The first constitution of Nepal was enacted in 1948, under Prime Minister Padma Shumsher Rana.
