Interim constitution of Nepal- 2063

It was the sixth constitution in the constitutional history of Nepal. The interim constitution of Nepal was promulgated on 1 Magh 2063 BS in the name of people by the legislative parliament. Salient features of this constitution were as follows:

  1. Written constitution: - Interim constitution of Nepal 2063 was also written constitution. It was divided into 25 parts, 167 articles and 4 Schedules.
  2. Constitution as Fundamental Law: - The Interim constitution of 2063 treated constitution as the fundamental law of the country. It was mentioned 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: - This constitution had managed that supreme power of the state would be vested with the people and people are the source of all political power. Article 2 of interim constitution was dedicated to this provision.
  4. Republican constitution: - In the constitutional history of Nepal, it was the first republican constitution. According to article 4 of interim constitution, Nepal would be an independent, indivisible, sovereign, secular, inclusive democratic federal republican state.
  5. Provision of fundamental rights: - Various fundamental right were provided by the interim constitution in article 12 to 32. Right to equality, right to liberty, Right against untouchability, right to environment and health, right to culture and education, right of children, right to religion, right to justice, Right against exile, Right to constitutional remedies etc. are the major fundamental rights provided by the constitution.
  6. Rule of Law: - the interim constitution of 2063 guaranteed the rule of law. According to this constitution no one was above the law of state. All are equal in law.
  7. Secularism: - Secularism was another salient feature of this constitution. It was the first constitution which advocated secular state. Provision about the secular state was mentioned in the preamble of interim constitution 2063.
  8. Constituent Assembly: - The interim constitution has proposed the constituent assembly to form the new constitution. It was the temporary constitution and would be implemented till the promulgation of new constitution made by the constituent assembly. It was mentioned in article 82 of the interim constitution.
  9. Parliamentary Hearing: - It was the new feature of the interim constitution of 2063 BS. According to article 155, the appointment of constitutional posts, Chief Judge, judges, Ambassadors would be after the parliamentary hearing.
  10.  Unicameral parliament
  11. Provision of public service commission
  12. Provision of human right commission
  13. Provision of women commission
  14. Independent judiciary etc were major features of this constitution.

Constitution of Nepal 2072 is the first constitution enforced by the constituent Assembly. This constitution was promulgated by the then president Dr. Rambaran Yadav unveiled on the behalf of speaker Subashchandra Nembang on 3rd Aswin 2072. A constitution Draftin committee was formed under the leadership of Dr. Babu Ram Bhattarai prepared a draft of constitution and all the articles were discussed and approved by the two third majority of constituent assembly.

Salient Features

  • Written constitution: - The constitution of Nepal- 2072 is in the written form as other constitutions. It is divided into 35 parts, 308 articles and 9 schedules.
  • Federal Model with Seven provinces: - The constitution of Nepal has mention about the federal model of ruling system and it has proposed seven provinces. According to this constitution the state power of shall be used by the federal, provincial, and local level government.
  • Democratic republican state: - According to constitution of 2072 Nepal is an independent, indivisible, Sovereign, inclusive democratic and democratic republican state.
  • Secularism: - Secularism is another feature of this constitution. According to this constitution Nepal is a secular country, it provided the opportunity of protecting all religion and cultures being practiced since ancient time.
  • Constitution as fundamental Law: - The constitution of Nepal 2072 has taken constitution as the fundamental law of the state. According to the article 1 (a) all the laws inconsistent to this constitution, to the extent of inconsistency, be void. So this constitution is the fundamental law as other constitutions of Nepali constitutional history.
  • Provision of Judiciary: - Provision about judiciary is mentioned in part 11 of the constitution. According to the constitution all power relating to the justice shall be exercised by the courts and other judicial institutions accordance with the constitutional provision. All must adhere to the order or verdict given by the court in relation to the court cases. According to the article 127 there are three types of courts: Supreme Court, High court and District court.
  • Executive power: - According to the constitution of Nepal 2072 executive of power of Nepal shall rest with the council of Ministers in accordance with the constitution of Nepal. The responsibility of providing general directives, control, and enforcement regarding the governance system of Nepal will rest with the council of ministers.
  • Provision of President: - Provision of president is mentioned in part 6 of the constitution. According to Article 61(b) the president will be the head of the state. S/he shall perform his/her duties according to the constitution and federal law. Provisions regarding to the election of the president is given in article 62 of the constitution of Nepal 2072.
  • Bicameral Federal Parliament: - The constitution has mentioned that there shall be a federal parliament consisting of two hoses named House of Representatives and National Assembly. House of Representative has 275 members. Out of 275 165 elected through the First-Past- the post electoral system and 110 members elected from proportional representation electoral system.
  • According the constitution, National Assembly is the upper and permanent house. There will be 59 members in national assembly. Out of 59, 56 members elected from an Electoral College comprising from the members of provincial parliament, Chairperson and vice chairperson of Village council and Mayor and Deputy Mayor of the Municipality.
  • Provision of Fundamental rights and duties: -fundamental rights are given in part 3 of the constitution. There are 33 fundamental rights and duties of people are given to the people. Article 16 to 48 are dedicated to the fundamental rights and duties. Right to live with dignity, Right to freedom, right to equality, right to communication, right to justice, Right of victim of crime,
  • Right against torture, right against preventive detention, Right against untouchability and discrimination, Right to property, Right to religious freedom, Right to information, Right against exploitation, Right to education, Right to language and culture, Right to employment, Right regarding labour, Right to health care, Right to housing, Right to women, Right to children, right against exile etc. and Protect nationality, sovereignty and integrity of Nepal, Abide by the constitution and to protect and conserve public property are the major duties of People.
  • Mixed electoral system
  • Provision of different commissions
  • Provision of province executives
  • Provision of provincial legislature
  • Provision of public service commission
  • Provision of commission for the investigation of abuse of authority etc are the major features of the constitution of Neal – 2072.