The Interim Government Act of Nepal- 2007

It was the first implemented constitution in the constitutional history of Nepal. The interim constitution had Seven parts, Seventy Three Articles and Three Schedules. The interim constitution had amended in 6 times. The constitution had managed three organs of government, public service commission etc. The constitution had following salient features:

Salient features of the Constitution

1. Directive principles of state

The constitution had managed directive principles in part 2 Articles 3 to 20 of the constitution. It mentioned education, governmental aid, international relations, Social provision of citizen, Gram panchayat, Aged and sick citizen, Equal opportunities, rule of Law, etc were major directive principles of the state.

2. Unilateral Parliament

This constitution had managed the unilateral parliament. According to Article 30 all the legislative power was vested with the King. There was the provision of Advisory Assembly and all the member would be nominated by the King. Completion 25 years, Nepali Citizen, etc. were the major qualification to be member of Advisory Assembly. It was the temporary parliament.

3. Provision of Executive

There was the provision of executive to conduct the daily administrative work of state. The king himself was the head of Executives. It was managed in the Article 22 of the interim constitution of 2007 BS.

4. Provision of Public Service commission

The constitution had managed a public service commission in part five, Article 64 of the constitution. There was the provision of one chairperson and other member would be nominated by the King. Main function of this commission were mentioned in the article 67 of the interim constitution of 2007 BS.

5. First monarchial constitution

In the constitution of 2004 shree III was mentioned instead of His majesty the King. But this constitution had mentioned about Shree 5 king. All the sovereign power was vested with the king rather than people. So it is the first monarchial constitution in constitutional history of Nepal.

6. Head of the Executive was King:

The constitution of 2007 BS had managed the King as the head of the state as well as the head of Executive. He was the head of government also. It is manage in the Article 22 of the constitution of Nepal. There was the provision of appointment of prime minister from the King.

7. Provision of Fundamental rights

There was the provision of fundamental rights of people in article 14 to 20 of the constitution of 2007. Right to equality, right to speech, right to Publication, Right to form organizations, right to individual liberty, Right to wealth, Right to employment, occupation, industry and business etc. are major fundamental rights provisioned in the constitution.

8. Provision of Election commission

The provision of election commission was mentioned in the article 68 and 69 of the constitution of 2007 BS. Main duty of commission was to conduct the periodic election of parliament in the country. Similarly election court was also managed to see the cases of election.

9. Temporary constitution

The main feature of this constitution is that this constitution was not permanent. It would be implemented until the promulgation of constitution which was made by the constitutional assembly. So the constitutional objectives and target were limited due to its temporary nature.

10. Provision of Supreme Court

Article 32 of the interim constitution had managed a supreme court. The function and Members of court would managed according to the separate law. Main function of this court was to explain the constitution.

Constitution of Kingdom of Nepal 2015

  • A constitution drafting commission was formed through the royal proclamation by the King Mahendra on 19 Magh 2014. Chairperson of the commission was Bhagawati Prasad Singh other members were Ramraj Panta, Surya Prasad Upadhyaya, Rana Dheer Subba and member secretary was Hira prasad Joshi.
  • The new constitution was promulgated on 1st Falgun 2015 through the Royal proclamation. It was the King provided Constitution. It was mentioned in preamble that this constitution was provided by the King by using his sovereign power.

Salient features of the constitution

1. Sovereignty was vested with the King:

The constitution has managed that all the sovereign power would vested with the King. Similarly it was the king provide constitution in the country.

2. Written constitution:

It was the constitution in the written form. The constitution was divided into 10 parts and 77 articles. So it is the written constitution in the country.

3. Constitution as the Fundamental Law

The constitution of 2015 BS. Was the fundamental law of Nepal. According to this constitution, all laws inconsistent with the constitution would, to the extent of such inconsistency, be void.  It should be the duty of every citizen to uphold the constitution.

4. Provision of fundamental rights

Provision of fundamental rights is another feature of the constitution of 2015. Fundamental rights were manage in part 3 of the constitution. Right to liberty, right to property, right to religion, right to form the political party, etc. were major fundamental right provided the constitution of 2015.

5. Provision of Bicameral Parliament

  • It was mentioned in part 5 articles 18 to 43 of the constitution.
  • Lower house was known as House of Representatives and total members 109 elected from the people.
  • Senate total members 36. Out 36 members 18 would be election from the house of representative and 18 nominated.

6. Provision of council of Ministers

Executive power was with King and Council of Ministers. Article 1o to 17 were concentrated in the formation of council of ministers, role and duties of ministers, no  of ministers, administrative work etc. there was the provision 14 members in council of Ministers. 

7. Responsible Government: the government would be responsible towards parliament which the representation of people. It means government was responsible toward people.

8. Independent Judiciary: - It was mentioned in article 57 and 58.

9. Provision public service commission: - there was the provision of Public service commission in article 59 and 60.

Sovereign Hindu Kingdom: - The constitution of 2015 had accepted Nepal as the sovereign Hindu Kingdom.