The Constitution of Nepal (2015) (Nepal ko Sambidhan (2072)) is the country's current constitution, adopted on September 20, 2015. It marked a significant transition in Nepal's political history, establishing the country as a federal democratic republic after a long journey of political changes, including the abolition of the monarchy in 2008.
Key Features of the Constitution of Nepal (2015):
1. Federal Structure
- Nepal is divided into three levels of government: federal, provincial, and local.
- The country is organized into seven provinces and each has its own government with legislative, executive, and judicial authority. There are also local governments that have authority over various local matters.
- The constitution provides for the distribution of powers between the federal, provincial, and local governments through a detailed list of competencies and responsibilities.
2. Secularism
- Nepal is declared a secular state, though the constitution recognizes the historical and cultural significance of Hinduism in the country. Secularism means the state remains neutral regarding religious affairs, treating all religions equally.
3. Democratic Governance
- Nepal follows a multi-party democratic system with periodic elections.
- The government operates under a parliamentary system, where the prime minister is the head of government and the president is the ceremonial head of state.
- The prime minister is elected by the members of the House of Representatives and is responsible for the day-to-day governance, while the president is largely a symbolic figure but represents national unity.
4. Bicameral Legislature
- Nepal has a bicameral federal legislature called the Federal Parliament:
- The House of Representatives (lower house) consists of 275 members, of which 165 are elected through a first-past-the-post system and 110 through proportional representation.
- The National Assembly (upper house) has 59 members, with representatives elected from each province, as well as nominations by the president.
5. Fundamental Rights and Freedoms
- The constitution guarantees a wide range of fundamental rights to all citizens, including:
- Right to equality
- Right to freedom of speech and expression
- Right to privacy
- Right to health, education, and employment
- Right to social justice, with special provisions for women, Dalits, and marginalized communities
- The constitution also includes economic, social, and cultural rights alongside civil and political rights.
6. Inclusion and Proportional Representation
- One of the hallmarks of the constitution is its emphasis on inclusive democracy. It mandates proportional representation for historically marginalized groups such as women, Dalits, indigenous communities, Madhesis, and other minority groups in all aspects of governance.
- One-third of the members of Parliament must be women.
7. Judiciary
- The constitution establishes an independent judiciary with a Supreme Court, High Courts at the provincial level, and District Courts.
- The Supreme Court is the highest court in Nepal and has the power of judicial review, meaning it can invalidate laws or government actions that are found to be unconstitutional.
- The judiciary is responsible for upholding the constitution and ensuring that the rule of law is maintained.
8. Provincial and Local Governments
- The provincial governments have their own legislative, executive, and judicial bodies. Each province has a Provincial Assembly, and the head of the province (Chief Minister) is elected by the assembly.
- Local governance is also given significant importance, with municipalities and rural municipalities (Gaunpalika) being entrusted with key responsibilities for local development and service delivery.
9. Directive Principles and State Policies
- The constitution lays out directive principles for the state to follow, aimed at promoting social, economic, and cultural well-being. These include ensuring social justice, eliminating inequality, and providing social security for vulnerable groups.
- It also sets forth state policies regarding issues such as environmental protection, economic development, and the promotion of education and health services.
10. Constitutional Commissions
- Several constitutional commissions have been established to protect the rights of marginalized and disadvantaged groups. These include:
- National Human Rights Commission
- National Women Commission
- National Dalit Commission
- National Inclusion Commission
- Indigenous Nationalities Commission
- Madhesi Commission
- Tharu Commission
- Muslim Commission
11. Amendments
- The constitution can be amended through a two-thirds majority of the federal parliament. Since its promulgation, there have been several amendments aimed at addressing grievances from various groups, particularly from the Madhesi and Tharu communities.
Controversies and Challenges
- Madhesi and Indigenous Groups: The constitution has been criticized by certain ethnic and regional groups, particularly from the Madhesi community in the southern plains (Terai), who feel that the federal boundaries and representation do not adequately reflect their political and cultural aspirations.
- Implementation of Federalism: The transition to federalism has posed challenges, including the distribution of power and resources between the central and provincial governments.
- Secularism Debate: Some conservative elements in Nepal have called for the restoration of the country as a Hindu state, sparking debates over the concept of secularism.
Conclusion
The Constitution of Nepal 2015 is a transformative document that reflects the country’s shift toward inclusive democracy, federalism, and secularism. It establishes a framework for protecting individual rights, ensuring social justice, and decentralizing power to provincial and local governments. However, its implementation continues to face challenges, particularly regarding federalism and the demands of marginalized groups.
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Constitution and Law