Constitution of Nepal 2019

  • As a fourth constitution of Nepal, the constitution of Nepal was promulgated on 1 push 2019 BS. The constitution of Nepal 2019 gave Constitutional recognition to Panchayat system Proclaimed by King Mahendra.
  • King Mahendra Formed a Drafting committee for the new constitution on 26 Baishakh 2019.
  • The constitution drafting committee was formed under the leadership of Rishikesh Shah and other members of such commission were Prakash Bahadur Khatri, Shambhu Prasad Gyanwali, Angoor Baba Joshi, Dambar Narayan Yadav and Member secretary was Kul Shekhar sharma. The constitution drafted by this commission had been promulgated on 1st Paush 2019 by the King Mahendra.
  • The constitution of 2019 BS was amended in 2023 BS, 2032 BS and 2037 and finally abandoned by the people movement of 2046.
  • The constitution provided people’s fundamental rights, adult franchise, the council of ministers, national panchayat, supreme court etc. The characteristics of this constitutions a were as follows:

Salient features of the constitution

1. Written Constitution: -

This constitution was in the written form. It is prepared by the constitution drafting commission headed by the Rishikesh Shah and promulgated by the King Mahendra. It was divided into 20 parts, 97 articles.

2. Provided by King: -

This constitution was provided by King Mahendra to the Nepali people. As the practitioner of sovereign power he provided this constitution of Nepal.

3. Provision of Fundamental rights: -

Fundamental rights people were managed in part 3, article 10 to 16 in the constitution. Right to equality, Right to liberty, Right against exile, Right against exploitation, Right to religion, Right to property, and right to constitutional remedies are fundamental rights provided to people by the constitution.

4. Unilateral Parliament: -

Provision regarding to parliament was managed in article 34 of the constitution. According to constitution National panchayat would be the parliament or legislative body. The total members of national panchayat would be 140. Out of 140, 112 would be elected by people on the basis of adult franchise and 28 members would be nominated by the king.

5. King as the source of Power

According to the constitution of 2019 King was the source of all power. It was managed in article 20 of the constitution of 2019 BS. He was the source of sovereign power.

6. Adult Franchise

The constitution provided the right of adult franchise. Individual of 21 years had the right to vote.

7. Independent Sovereign and Monarchial Hindu State

This constitution has declared Nepal as the sovereign, independent, and Hindu Monarchial state.  According to the Par 1, Article 3 “Nepal is an independent, sovereign, Indivisible, and Monarchial Hindu State.” Similarly in Article 2 Nepal would be the monarchial state.

8. Constitution as Fundamental Law

The constitution of 2019 treated constitution as the fundamental law of the country. It was mentioned in part 1 article 1 that constitution would be the fundamental law of the state. All laws inconsistent with the constitution would, to the extent of such inconsistency, be void.

9. Provision of directive principle of the Panchayat system

Different directive principle of panchayat system were mentioned in part 4 of the constitution. The directive principles of the panchayat system should remain as guidelines for the governance of the state. Directive principle should be the political objectives.

10. Provision of Public service commission

The constitution of 2019 manage a public service commission in part 13 article 77. Function of public service commission were mentioned in the article 78 of the constitution.

11. Provision of Independent Judiciary.

12. Provision of Council of Ministers etc.

Constitution of Nepal - 2047

The constitution of Nepal- 2047 was the fifth constitution of Nepal and fourth implemented constitution in Nepal. A commission was formed to draft the constitution under the leadership of Bishwanath Upadhya. Other memers were Pradhumnalal Bhandari, Ramananda Singh, Laxman Aryal, Mukunda Regmi, Daman Nath Dhungana, Nirmal Lama, Madhav kumar Nepal and Bharatmohan Adhikari.

Committee formed constitution on time and Promulgated by King Birendra on 23rd Kartk 2047. The constitution had following features:

1. Written Constitution: - As other constitutions, it was also written constitution. This constitution was prepared by commission formed by King Birendra with the consensus of political parties. It was divided into 23 parts, 133 articles, and 3 schedules.

2. Constitution as fundamental Law: - The constitution of 2047 treated constitution as the fundamental law of the country. It was mentioned in part 1 article 1 that constitution would be the fundamental law of the state. All laws inconsistent with the constitution would, to the extent of such inconsistency, be void.

3. Sovereignty was vested with people: - It was the first constitution which accepted people as the source of sovereign power. All the sovereign power was vested the people.

4. Constitutional monarchy: - The constitution had managed the provision of constitutional monarchy. The king was the head of the state but he was ceremonial head of the state. Any executive’s rights were not provided to King by the constitution. He was the protector of the constitution. He had no right to intervene in the activities of the council of ministers. The King had to work under the constitution.

5. Fundamental rights: - Provision of fundamental rights is another salient feature of this constitution. Fundamental rights of people were managed in the part 3, article 11 to 23. Right to equality, Right to liberty, Right to publication and newspaper, Right related criminal justice, Right to information, Right related to culture and education, Right to religion, Right to privacy and right to constitutional remedies were major fundamental rights provided by the constitution.

6. Parliamentary ruling system: - the constitution of 2047 had provisioned parliamentary ruling system. In this system parliament become the supreme body in the country. According to this constitution the government should be responsible towards the parliament. Thus this constitution had provided the parliamentary supremacy.

7. Bicameral legislature: - Provision of bicameral parliament was another feature of this constitution. According to the constitutional provision there would be two house named house of representative and National Assembly. The house of representative as lower house should have 205 member elected on the basis of adult franchise. Similarly national assembly was upper house and total member 60, out of it 50 were elected indirectly and 10 would be nominated.

8. Executives Right: - According to this constitution of 2047, the executive rights would be vested with king and council of minister both. Ruling system of Nepal would be controlled, managed, balance, directed by the council of minister. His majesty the king had to exercise his executive power in accordance with suggestion of council of ministers.

9. Independent Judiciary: - The constitution of Nepal 2047 proposed an independent judiciary. Similarly the court system was divided into three layers: Supreme Court, Appellate court, and District court. The constitution guaranteed the supremacy and independency of judiciary.

10. Adult franchise: - The constitution of Nepal 2047 had provided the opportunity of adult franchise. According to this constitution the election of parliament would be on the basis of adult franchise. Individuals who were of 18 years were provided voting right.