The Constitution of Nepal 2072 is one of the most significant legal documents in the country’s history, promulgated on September 20, 2015, after years of deliberations and public participation.
It aims to establish a democratic, inclusive, and federal republic that protects the rights and freedoms of its citizens. With an emphasis on governance, human rights, and the decentralization of power, the Constitution addresses the diverse needs of Nepali society.
In this article, we will explore the 16 key features of the Constitution of Nepal 2072, shedding light on how these features have shaped the country’s political landscape and governance structure.
1. Flexibility for Constitutional Amendments
The Constitution of Nepal 2072 is designed with flexibility in mind. Unlike past constitutions, which required mass movements and unrest for amendments, this Constitution allows for amendments through a two-thirds majority in Parliament. This ensures that the Constitution can evolve with changing times and circumstances without requiring widespread upheaval or protests.
2. Adoption of Federalism
The Constitution introduces federalism, dividing Nepal into seven provinces. This system is designed to provide greater autonomy to regions, promoting local governance and development. The provinces have the power to make decisions on certain matters, with the Constitution allowing for changes or adjustments to the number of provinces and their boundaries if necessary.
3. Parliamentary Governance System
Nepal follows a parliamentary system under the Constitution, with a constitutional president and an executive prime minister. The president is elected by both the members of the provincial assemblies and the central parliament, while the prime minister is chosen from the parliament. This system ensures a balance of power between the executive and the legislative branches.
4. Stability Measures for the Government
To prevent government instability, the Constitution restricts the ability to bring a vote of no confidence against the prime minister for the first two years of their tenure. Additionally, the prime minister does not have the power to dissolve the parliament, thus ensuring a more stable and accountable government.
5. Inclusive Representation in Parliament
The Constitution ensures inclusive representation in Parliament through a mixed electoral system. The Parliament is bicameral, consisting of the House of Representatives and the National Assembly. The House of Representatives has 275 members, 165 of whom are directly elected, while 110 are selected through proportional representation. The National Assembly consists of 59 members, with 56 elected from the provinces and 3 appointed by the president.
6. Three-Tier Government Structure
The Constitution divides Nepal’s governance into three levels: central, provincial, and local. This decentralized structure aims to give more power to local governments and enhance regional development. At the central level, there is a maximum of a 25-member cabinet, and the provinces will have their own assemblies with members elected directly.
7. Provincial Autonomy
Nepal’s provinces have significant autonomy under the Constitution. The provincial cabinets will have a maximum of 20% of the total provincial assembly members. Elections will take place at the provincial level, where 60% of the seats will be directly elected, and 40% will be allocated through proportional representation. The Constitution also defines the process of restructuring local bodies and outlines transitional arrangements until the local bodies are fully functional.
8. Secular State with Religious Freedom
Nepal is declared a secular state, but the definition of secularism is unique. It does not seek to suppress religion but instead guarantees religious and cultural freedoms. The Constitution ensures that all religious beliefs, including the preservation of the nation’s ancient traditions and cultures, are protected under the law.
9. Comprehensive Fundamental Rights
The Constitution guarantees a broad range of fundamental rights, including education, healthcare, and environmental protection. Special provisions are made for the empowerment of marginalized groups, including women and Dalits. Although these rights are guaranteed, they are subject to legal limitations, which some critics argue could narrow their scope.
10. Independent Judiciary
The judiciary of Nepal is an independent body that upholds the rule of law. The Supreme Court is the highest judicial authority in the country, with a constitutional bench specifically for cases related to constitutional matters. Each province will have its own High Court, and district courts will operate at the local level.
11. Revised Citizenship Provisions
The citizenship provision under the Constitution allows individuals to inherit citizenship from either their mother or father, ensuring equal rights for all citizens. This change addresses the demands of the Madhesi community, which previously faced challenges in obtaining citizenship.
12. Separate Commissions for Minority Groups
The Constitution also provides for the establishment of separate commissions for the Madhesi, Tharu, Muslim, and indigenous tribal communities. These commissions aim to protect the rights of these groups, ensuring that their voices are heard in the governance process.
13. National Symbols
Nepal’s national symbols remain unchanged under the Constitution. The cow is declared the national animal, while the national flag and national anthem are retained as symbols of national unity and pride.
14. Local Body Restructuring
A commission will be formed to restructure local bodies within one year. The Constitution also makes provisions for interim elections in local bodies during the transition period, ensuring that local governance continues smoothly as the restructuring process unfolds.
15. Continuity of Constitution Assembly Members
The Constitution Assembly members, who were elected for a four-year term, will continue as members of the transformed Legislative Parliament for up to three and a half years. However, if general elections are declared, their tenure will be cut short.
16. Transitional Provisions for Key Elections
Transitional provisions are included in the Constitution for the election of key officials such as the prime minister, speaker, and president. These elections will be held within specific timeframes after the Constitution’s promulgation, ensuring the swift establishment of a functioning government.
Conclusion
The Constitution of Nepal 2072 represents a remarkable shift toward a more democratic, inclusive, and federal Nepal. By ensuring representation for marginalized groups, decentralizing power, and securing fundamental rights, this Constitution aims to create a fairer and more just society. The 16 key features highlighted in this article are inspired by the article published in one of the popular online news portals, which consists of the Constitution’s commitment to progress, stability, and unity, which will serve as a foundation for the country’s future development.
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