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[This translated version of the Constitution of
Nepal is copyrighted by Himalayan Research Bulletin.Vol. XI, Nos.
1-3. 1991. ASNIC is grateful to the Editor of the Bulletin, and
to Ter Ellingson for giving their permission to reproduce it in the
ASNIC Web.]
WHEREAS, We are convinced that the source of
sovereign authority of the independent and sovereign Nepal is inherent
in the people, and, therefore, We have, from time to time, made known
our desire to conduct the government of the country in consonance with
the popular will;
AND WHEREAS, in keeping with the desire of the Nepalese people
expressed through the recent people's movement to bring about
constitutional changes, we are further inspired by the objective of
securing to the Nepalese people social, political and economic justice
long into the future;
AND WHEREAS, it is expedient to promulgate and enforce this
Constitution, made with the widest possible participation of the
Nepalese people, to guarantee basic human rights to every citizen of
Nepal; and also to consolidate Adult Franchise, the Parliamentary System
of Government, Constitutional Monarchy and the System of Multi Party
Democracy by promoting amongst the people of Nepal the spirit of
fraternity and the bond of unity on the basis of liberty and equality;
and also to establish an independent and competent system of justice
with a view to transforming the concept of the Rule of Law into a living
reality:
NOW, THEREFORE, keeping in view the desire of the people that the
State authority and sovereign powers shall, after the commencement of
this Constitution, be exercised in accordance with the provisions of
this Constitution, I, KING BIRENDRA BIR BIKRAM SHAH DEVA, by virtue of
the State authority as exercised by Us, do hereby promulgate and enforce
this CONSTITUTION OF THE KINGDOM OF NEPAL on the recommendation and
advice, and with the consent of the Council of Ministers.
Having common aspirations and united by a bond of
allegiance to national independence and integrity of Nepal, the Nepalese
people irrespective of religion, race, caste or tribe, collectively
constitute the nation.
The sovereignty of Nepal is vested in the Nepalese
people and shall be exercised in accordance with the provisions of this
Constitution.
(1) Nepal is a multiethnic[1]
multilingual, democratic, independent, indivisible, sovereign, Hindu and
Constitutional Monarchical Kingdom.
(2) The territory of Nepal shall comprise:
The national flag of Nepal, as handed down by
tradition, consists of two juxtaposed triangular figures with a crimson-coloured
base and deep blue borders, there being a white emblem of the crescent
moon with eight rays visible out of sixteen in the upper part and a
white emblem of a twelve rayed sun in the lower part. The method of
drawing out the flag and other particulars relating thereto shall be as
set forth in Schedule 1.
At the commencement of this Constitution, the
following persons who have their domicile in Nepal shall be deemed to be
citizens of Nepal:
Provided that this clause shall not be applicable
in the case of descendants of naturalized citizens.
Notwithstanding anything contained in Article 9,
honorary citizenship may be granted to an internationally renowned
person.
Provided that special provisions may be made by law
for the protection and advancement of the interests of women, children,
the aged or those who are physically or mentally incapacitated or those
who belong to a class which is economically, socially or educationally
backward.
(1) No person shall be deprived of his personal
liberty save in accordance with law, and no law shall be made which
provides for capital punishment.
Provided that -
(1) nothing in sub-clause (a) shall be deemed to prevent the making
of laws to impose reasonable restrictions on any act which may undermine
the sovereignty and integrity of the Kingdom of Nepal, or which may
jeopardize the harmonious relations subsisting among the peoples of
various castes, tribes or communities, or on any act of sedition,
defamation, contempt of court or incitement to an offence; or on any act
which may be contrary to decent public behaviour or morality;
(2) nothing in sub-clause (b) shall be deemed to prevent the making
of laws to impose reasonable restrictions on any act which may undermine
the sovereignty, integrity or law and order situation of the Kingdom of
Nepal;
(3) nothing in sub-clause (c) shall be deemed to prevent the making
of laws to impose reasonable restrictions on any act which may undermine
the sovereignty and integrity of the Kingdom of Nepal, which may
jeopardize the harmonious relations subsisting among the peoples of
various castes, tribes or communities, which may instigate violence, or
which may be contrary to public morality;
(4) nothing in sub-clause (d) shall be deemed to prevent the making
of laws which are in the interest of the general public, or which are
made to impose reasonable restrictions on any act which may jeopardize
the harmonious relations subsisting among the peoples of various castes,
tribes or communities;
(5) nothing in sub-clause (e) shall be deemed to prevent the making
of laws to impose restriction on any act which may be contrary to public
health or morality, to confer on the State the exclusive right to
undertake specified industries, businesses or services; or to impose any
condition or qualification for carrying on any industry, trade,
profession or occupation.
Explanation: For the purpose of this clause,
the words "legal practitioner" shall mean any person who is authorised
by law to represent any person in any court.
Every citizen shall have the right to demand and
receive information on any matter of public importance;
Provided that nothing in this Article shall compel any person to
provide information on any matter about which secrecy is to be
maintained by law.
No citizen shall be exiled.
Except as provided by law, the privacy of the
person, house, property, document, correspondence or information of
anyone is inviolable.
The right to proceed in the manner set forth in
Article 88 for the enforcement of the rights conferred by this Part is
guaranteed.
Expenditures and privileges relating to His Majesty
and the Royal Family shall be as determined by law:
Provided that no law shall be made having the effect of reducing the
expenditures and privileges being provided by the existing law.
No question shall be raised in any court about any
act performed by His Majesty:
Provided that nothing in this Article shall be deemed to restrict any
right under law to initiate proceedings against His Majesty's Government
or any employee of His Majesty.
Notwithstanding anything contained in Articles 36
and 37, any person who is not a member of either House of Parliament may
be appointed Deputy-Prime Minister, Minister, State Minister or
Assistant-Minister:
Provided that such Deputy-Prime Minister, Minister, State Minister or
Assistant-Minister shall be required to become a member of Parliament
within six months from the date of his appointment.
The remuneration and other privileges of the Prime
Minister, Deputy-Prime Minister, Ministers, State Ministers and
Assistant-Ministers shall be as determined by an Act, and until so
determined, shall be as specified in rules made by His Majesty.
The Prime Minister, Deputy-Prime Minister, and
other Ministers shall take their oaths of office and secrecy before His
Majesty, and the State Ministers and Assistant-Ministers before the
Prime Minister.
There shall be a Legislature, to be called
Parliament, which shall consist of His Majesty and two Houses, namely
the House of Representatives and the National Assembly.
Explanation: For the purpose of this sub-clause,
"office of profit" means any position, other than a political position,
to be filled by election or nomination for which a remuneration or
economic benefit is paid out of a Government Fund.
If a question arises as to whether a member of
Parliament is disqualified or has ceased to possess any of the
qualifications set forth in Article 47, the final decision shall be made
by the Chief Justice of Nepal or any other Judge of the Supreme Court
designated by him.
The members of each House of Parliament shall,
before taking part for the first time in a meeting of that House or any
of its committees, take an oath in the specified form.
Provided that, after the dissolution of the House
of Representatives, the Speaker and Deputy-Speaker shall continue in
office until the date of the filing of nominations for election to the
House of Representatives; or
Except as otherwise provided in this Constitution,
no resolution shall be presented for decision in either House of
Parliament unless one-fourth of the total number of members of the
concerned House are present.
Either House of Parliament shall have the power to
transact its business notwithstanding any vacancies in the seats of its
members; and no proceedings shall become invalid even if it is
subsequently discovered that a person not entitled to take part in the
proceedings of either House had participated therein.
Except as otherwise provided in this Constitution,
all questions submitted for decision in either House of Parliament shall
be decided by a majority vote of the members present and voting.
Normally the member presiding shall not have the right to vote, but he
may exercise his casting vote in the case of tie.
A Minister shall be entitled to attend and take
part in the proceedings and deliberations of either House of the
Parliament and its committees:
Provided that he shall not be entitled to vote in a House or
committee of which he is not a member.
If a person sits or votes in a meeting of either
House of Parliament as a member without taking an oath pursuant to
Article 50, or knowing that he is not qualified for membership in the
House, he shall, on order of the person chairing the House, be liable to
a fine of one thousand rupees for each day of such presence or voting.
The fine shall be recovered as government dues.
(8) If a person is in contempt of either House of
Parliament, the Chairperson of the concerned House may, after a decision
by the House to that effect, admonish, warn or impose a sentence of
imprisonment not exceeding three months, to remain effective only during
the current session of the House, or impose a fine of up to five
thousand rupees on such person. The fine shall be recovered as
government dues:
The House of Representatives may, by rules,
regulate the constitution and management of Committees on Finance,
Public Account, Human Rights, Foreign Relations, Natural Resources,
Protection of the Environment, Population and such committees on other
subjects as required.
The remuneration and privileges of the Speaker and
Deputy Speaker of the House of Representatives, the Chairman and
Vice-Chairman of the National Assembly and members of Parliament shall
be determined by law, and until so determined, shall be as specified by
His Majesty.
A Bill may be withdrawn by the member introducing
it with the approval of the House.
Explanation: If the two Houses of Parliament meet
on different dates, the latter date on which a House commences its
session shall be deemed to be the date of commencement of session for
the purpose of computation of time under this clause.
Except the revenues of religious endowments[9],
all revenues received by His Majesty's Government, all loans raised on
the security of revenues and all moneys received in repayment of any
loan made under the authority of any Act shall, unless otherwise
provided by an Act, be credited to a Government Fund to be known as the
Consolidated Fund.
No expenditure shall be incurred out of the
Consolidated Fund or any other Government Fund except the following: -
The expenditures related to the following matters
shall be charged on the Consolidated Fund and yearly approval of
Parliament for these expenditures shall not be required: -
(1) the Speaker and Deputy-Speaker of the House of
Representatives;
(2) the Chairman and Vice-Chairman of the National Assembly;
(3) the Chairman and members of the Standing Committee of the Raj
Parishad;
(4) the Chief Commissioner and other Commissioners of the Commission
for the Investigation of the Abuse of Authority;
(5) the Auditor-General;
(6) the Chairman and members of the Public Service Commission; and
(7) the Chief Election Commissioner and other Election Commissioners.
The moneys required to meet the expenditure-to be
provided for by any Appropriation Act shall be specified under
appropriate heads in an Appropriation Bill.
Notwithstanding anything contained in this Part, if
owing a local or national emergency due to either natural cause, a
threat of external aggression or internal disturbances, or other
reasons, His Majesty is of the opinion that it is impractical or
inexpedient in view of the security or interest of the State to specify
the details required under Article 77, He may cause to be laid before
the House of Representatives a Vote of Credit Bill giving only a
description of the proposed expenditures.
An Act may create a Contingency Fund into which
shall be paid from time to time such moneys as may be determined by law.
Such Fund shall be under the control of His Majesty's Government, and
any unforeseen expenditures shall be met out of such Fund by His
Majesty's Government. The amount of the expenditures so met shall be
reimbursed as soon as possible by an Act.
Matters relating to the transfer of moneys
appropriated from one head to another and other financial procedures
shall be regulated by an Act.
Powers relating to Justice in the Kingdom of Nepal
shall be exercised by courts and other judicial institutions in
accordance with the provisions of this Constitution, the laws and the
recognized principles of justice.
(1) Courts in the Kingdom of Nepal shall
consist of the following three tiers:
Explanation: For the purpose of this clause,
services rendered prior to the commencement of this Constitution as a
Judge of a Regional Court or Zonal Court shall be deemed as service
rendered in an Appellate Court.
Provided that nothing in this clause shall be
deemed to be a bar to his appointment to a political position, to a
position concerning judiciary inquiry or to a position in which his
responsibility extends to giving his advice, opinions and
recommendations on the basis of study, research and investigation in the
field of justice or law.
The establishment, management and jurisdiction of
the Appellate Courts, District Courts and other courts subordinate to
the Supreme Court shall be determined by law subject to this
Constitution.
Provided that nothing herein shall prevent the
continuance or the reappointment of the Judges who at the commencement
of this Constitution are working as Judges.
A Judge shall not be transferred to, or engaged in,
or deputed to, any work except that of a Judge.
Provided that His Majesty may, in consultation with the Judicial
Council, depute for a specified period a Judge of the Supreme Court or a
Chief Judge of any Appellate Court to work concerning judicial inquiry,
to legal or judicial investigation or research, or to any other work of
national concern. With regard to other Judges of the Appellate Courts
and District Courts, the Chief Justice may, in consultation with the
Judicial Council, depute them to the above works, including election
works.
Provided that His Majesty's Government shall
consult the Public Service Commission for the purpose of permanent
recruitment to gazetted posts of the Judicial Service from persons who
are not already in the Government Service or from persons being promoted
from non-gazetted to gazetted posts within the Judicial Service.
It shall be the duty of His Majesty's Government
and the offices and officials subordinate to His Majesty's Government to
act in aid of the Supreme Court and other courts in carrying out the
functions of dispensing justice.
Provided that the Commission for the Investigation
of Abuse of Authority shall not have jurisdiction over the following
officials: -
Provided that nothing in this Clause shall be a bar
to appointment to any position of a political nature, or to any position
which has the responsibility of making investigations, inquiries or to
any position which has the responsibility of submitting advice, opinions
or recommendations after carrying out studies or research on any
subject.
Explanation: For the purposes of this
Article, all services and positions in His Majesty's Government shall be
deemed included within the Civil Service, except Army Officers and
Soldiers, the service and positions of Police Personnel, and such other
services and positions as are excluded from the Civil Service or
positions [sic] by any law.
Provided that the terms and conditions mentioned in
this sub-clause shall not apply to the contesting of the first election
to the House of Representatives held pursuant to this Constitution.
Explanation: If any candidate belonging to a party which has secured
less than three percent of the total votes cast is elected to the House
of Representatives, such person shall be deemed to be an independent not
belonging to an organisation or party.
For the purposes of elections to the House of
Representatives, at least five percent of the total number of candidates
contesting an election from any organization or party must be women
candidates.
Provided that the right to the remedy of habeas
corpus under Article 23 shall not be suspended.
Matters relating to the conditions of service of
the employees of the Royal Palace including those of appointment,
dismissal, salary, allowances, leave and pension shall be as determined
by rules made by His Majesty at his discretion.
His Majesty shall have the power to grant pardons
and to suspend, commute or remit any sentence passed by any court,
special court, military court or by any other judicial, quasi-judicial
or administrative authority or institution.
His Majesty's Government may, in order to run the
administration of the country, constitute services as may be required.
The constitution, operation and conditions of service thereof shall be
as determined by an Act.
In order to be eligible for appointment to
constitutional positions under this Constitution, a person must either
be a citizen of Nepal by birth or descent, or be a person who, as a
naturalised citizen, has resided in Nepal for at least ten years.
Provided that out of the treaties and agreements
referred to in sub-clauses (a) and (d), if any treaty or agreement is of
an ordinary nature, which does not affect the nation extensively,
seriously, or in the long term, the ratification of, accession to,
acceptance of or approval of such treaty or agreement may be done at a
meeting of the House of Representatives by a simple majority of the
members present.
If any difficulty arises in connection with the
implementation of this Constitution, His Majesty may issue necessary
Orders to remove such difficulty and such Orders shall be laid before
Parliament.
After the commencement of this Constitution, His
Majesty shall have the power to enact laws as required on the
recommendation and advice, and with the consent of the Council of
Ministers until the commencement of the first session of Parliament.
Provided that His Majesty may, if necessary,
relieve any constitutional official before the expiry of the said
period.
All laws in force at the commencement of this
Constitution shall remain in operation until repealed or amended:
Provided that laws inconsistent with this Constitution shall, to the
extent of inconsistency, ipso-facto cease to operate one year
after the commencement of this Constitution.
(Relating to Article 5)
Explanation: The lines HI, RS, FE, ED, JG,
OQ, JK and UV are imaginary. Similarly, the external and internal
circles of the sun and the other arcs except the crescent moon are also
imaginary. These are not shown on the flag.
(Relating to Clause (1) of Article 7)
SHRIMAN GAMBHIRA NEPALI PRACHANDA PRATAPI BHUPATI
SHREE PANCH SARKAR MAHARAJADHIRAJAKO SADA RAHOS UNNATI
RAKHUN CHIRAYU EESHALE. PRAJA FAILIYOS PUKARAUN JAYA
PREMALE
HAMI NEPALI SARALE.
BAIRI SARA HARAUN SHANT HOUN SABAI BIGHNA VYATHA.
GAUN SARA DUNIYALE SAHARSHA NATHKO SUKIRTI-KATHA
RAKHAUN SHASANA, BHARI BEERTALE, NEPAL MATHI SANDHAI NATHKO
SHRI HOS THULO HAMI NEPALIKO
(Relating to clause (3) of Article 7)
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