Nhrc suggestions on the preliminary draft constitution of nepal 2015 2 s. The number of states and its boundaries can also easily amended. It was formed as a result of the first constituent assembly election held on april 10, 2008. Nepal is about to adopt a new constitution, after nearly a decade of delay. And whereas we are firmly convinced that such arrangement is possible only. Download pdf this document is the preliminary draft of the constitution, presented by the constituent assembly and the committee to decide the basis of cultural and social solidarity. But it joins bolivias and ecuadors in specifically.
Sep 23, 2015 heres what to know about nepals new constitution. However, many are unhappy with the document, as the bbcs charles haviland explains. Nepal formally adopts new constitution amid protests from. Nepal s federalism is in jeopardy nepal s 2015 constitution provides a federal structure, but in practice decentralization is being stalled. Sep 21, 2015 nepal adopts new constitution, celebrations all over country in a historic step, nepal on sunday adopted a new constitution, the first fullfledged one in the himalayan nation after it became a. At the same time, there was mixed and critical response from few other countries, like from the neighboring country of india that had different insights on this event. After 2063 movement, nepal had endorsed many revolutionary agendas. Constitution of nepal 2015 official english translation by the ministry of law, justice and parliamentary affairs of nepal download pdf.
And whereas we are firmly convinced that such arrangement is. On january 15, 2007, an interim constitution went into force due to the april 2006 peoples movement against the reigning monarchy. The constitution of nepal does not recognize any religion as the official religion of the state. Part5 structure of state and distribution of state power. Nhrc suggestions on the preliminary draft constitution of. Leaders of the nc, cpnuml and ucpn maoist pledged to draft a new constitution within a year.
Eight police officers killed in nepal constitution. Nepals new constitution fails on many minority rights. Article 4 the kingdom 1 nepal is a multiethnic, multilingual, democratic,independent, indivisible, sovereign, hindu and constitutional monarchical kingdom. All laws inconsistent with this constitution shall, to the extent of such inconsistency, be void. How nepals constitution got queered human rights watch. It is a hard task even for a normal person to adapt to an abrupt change in hisher current lifestyle. Press freedom in constitution of nepal 2015 4 center for media research nepal allegiance to the nation, abide by the constitution and law, compulsorily enlist when the state needs the service and to protect and conserve public property are listed as duties of each citizen in article 48. Nepal has seen a string of protests in recent weeks. It embodies the principle of secularism and confers the liberty upon the people to practice any religion of their choice. Any laws inconsistent with it shall, to the extent of such inconsistency, be void. Download nepal constitution 2072 pdf directly from here.
On 7 july 2015, following a theoretical discussion in the plenary, the ca endorsed the draft constitution and initiated a 15day public consultation period commencing. Nepal adopts new constitution, celebrations all over country. Nepal bans religious conversion in new draft constitution. It is a multiethnic, multiracial, multicultural, multireligious, and multilingual country. The blockade, which nepal s government blames on india new delhi denies involvement immediately followed the passage of a new constitution by nepal on september 19. The padma shamsher jbr himself was the inciter or promoter of this constitution.
Substantive human rights concerns in the draft constitution 24 a. Constitution, multiparty democracy and opened up the public sphere. The constitution of nepal is divided into 35 parts, 308 articles and 9 schedules. Local government operation after structural change of the. Aug 24, 2015 eight police officers killed in nepal constitution protests. Constitution regulate and manage the sector in order to make foreign employment free from exploitation, safe and systematic and to guarantee employment and rights of the labour encourage to mobilize the capital, skills. The legislatureparliament on saturday endorsed the bill on first amendment of constitution of nepal, and amended the countrys constitution with two thirds majority four months after its. Assembly in the drafting of nepal s new constitution including the protection of fundamental rights, the form of government and the issue of social inclusion, among other things. What is the reason behind the failure of constitution. The historical development of constitutional law in nepal and the current context iii. If the file has been modified from its original state, some details may not fully reflect the modified file.
August 17, 2015 to the members of the constituent assembly of nepal, we write as a group of concerned organizations and individuals who are scholars, religious leaders, and. Article 12 states that people have the right to have citizenship id that reflects their preferred gender. Support for participatory constitution building in nepal. Religious minorities are concerned about its impact on their religious freedom and the governments haste to finalize the. Nepal and all laws inconsistent with it, shall, to the. Constitution of nepal 2015, unofficial english translation 14. Adf international comments on the article of nepals draft constitution, which deals with freedom of religion focusing on the inadequacy of the provisions and how this violates nepals commitments under international law. Nepal is governed according to the constitution which came into effect on sept 20. Constitution of nepal 2015, unofficial english translation 1 part 1 preliminary 1.
Provisions of the constitution relating to players in particular, articles xii, xiv, xv, xvi, xvii, and xviii remain subject to the provisions of the. The present constitution of nepal is nepal ko sambidhan 2072 2015 by replacing nepal ko interim sambidhan 20632007 on september 21, 2015. Since preamble explains the source and objective of the constitution, it. The constitution of nepal 2072 passed on wednesday sept 16 by the constituent assembly meeting envisions a federal democratic republican and inclusive and prosperous nepal by institutionalising the achievements of the democratic movements held in the. The nepali government, following the end of the monarchy, legalized homosexuality across the country in 2007 along with the introduction of several new laws. I t is a good news for us all nepalese that after a long waiting period of time, finally the draft of the constitution has been released by the ca i.
Comment on article 31 of nepals draft constitution adf. Himalaya, the journal of the association for nepal and. Previous constitution were enacted in 1959, 1962, 1990, and 1999. Nepal is governed according to the constitution which came into effect on sept 20, 2015, replacing the interim constitution of 2007. The failure of the first constituent assembly in 2012 ushered the reemergence of the nepali congress and promulgation of the constitution of nepal, 2015. The constitution of nepal, adopted in 2015, affirms nepal as a secular federal. Jan 03, 2018 a madhes focused contemporary history of nepal politics. But the greatest task that lie ahead is its implementation. The federal democratic republic of nepal, for the first time, sheds its centralised structure to deploy the authority of governance right in the hands of its people. We, the sovereign people of nepal, internalizing the peoples sovereign right and right to autonomy and selfrule, while maintaining freedom, sovereignty, territorial integrity, national unity, independence and dignity of nepal. September 15, 2015 vote to keep nepal secular nation heightens violence, ministry efforts crippled. It includes topics such as the promotion of social solidarity, education in mother tongue, protection, maintenance.
Constitution online office of the auditor general, nepal pdf of constitution in english consulted on 20180227 abstract citation. Nepal has formally adopted a much anticipated and longdelayed constitution that took more than seven years to complete following a decade of. Constitution and bylaws of the national football league effective february 1, 1970 2006 rev. Nepals constitution gets another draft mission network news. These new laws explicitly include protections on the basis of sexual orientation. Spurred to action by the recent earthquake, nepal s government introduced the draft for public comment on june 30, reuters reported.
Nepal is characterised by multiple overlapping identities based on caste. As per the constitution of nepal, the executive rights. The promulgation of the constitution is significant because it paves the way for the. On september 20, nepals president ram baran yadav announced that his country had a new constitution. Constitution of nepal 2015 official english translation. The constitution of nepal, 2019 preamble whereas it is desirable in the best interest and for allround progress of the kingdom of nepal and of the nepalese people to conduct the government of the country in consonance with the popular will. Sep 20, 2015 nepal has formally adopted a much anticipated and longdelayed constitution that took more than seven years to complete following a decade of political infighting security was stepped up across. In chapter 1, krishna khanal gives a brief comparative perspective of participatory. Prevalence study of visual impairment and blindness in. In all, india has not yet supported the new constitution, which many fear would invite trouble in the shape of rousing disturbances in the terai region. In september 2015, several articles mentioning lgbti rights in the countrys new constitution were approved by parliament after lengthy deliberation. Constitution of the kingdom of nepal 2047 1990 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 counl ry in consonance with the popular will.
Part4 directive principles, policies and obligations of the state. Lets hope this new constitution of nepal 2072 will make the drastic change in no time in the following years. Part3 fundamental rights and duties nepal law commission. The most spoken language of nepal is nepali followed by several other ethnic languages. Preamble part1 preliminary part2 citizenship part3 fundamental rights and duties part4 directive principles, policies and. Nepals constitution and lessons for india the diplomat. In the world, there are very few instances where the new constitution has been made with 90% su. Constitution, shall acquire citizenship of nepal by descent in the name of the mother or father after attaining adulthood. A post earthquake constitution and the political struggle. Constitution of nepal 2015 official english translation by the ministry of law, justice and parliamentary affairs of nepal language. Assembly in nepal approves new constitution the new york times. This file contains additional information, probably added from the digital camera or scanner used to create or digitize it. Nepal made history on 20 september 2015 with the promulgation of its new secular. Eight police officers killed in nepal constitution protests.
This means it can easily be changedupdated by the two to third majority of parliaments. Nepal makes first amendment of its constitution four months. Ensuring effective and meaningful participation and consultation 18 iv. Part 3 of the constitution includes the fundamental rights of nepal which include the right to form unions and associations, and to engage in any occupation or be engaged in employment, establish and operate industry, trade and business in any part of nepal. The election was the result of a civil war led by the maoist guerillas, who waged war on the monarchy before finally overthrowing the countrys rulers.
Articles 42, 84, and 286 of the 2015 constitution were amended by the recent legislative action. Yet, this constitution is far more progressive than any other in the past or even compared to that of india. Pdf constitution of nepal 2015 prem ahuja academia. Government of nepal act, 2004 preamble whereas, by virtue of the supreme power vested through the instruments of their sacred panjapatras by shree panch maharajadhiraja of nepal, dating from the year of 1903 bs onward, delegating all powers of the state upon the contemporaneous shree 3 maharajas, whereas it is. Notes on the constitutional development of nepal grade 9. Out of the 598 members of the constituent assembly, 507 voted for the new constitution, 25 voted against, and 66 abstained in a vote. Sep 18, 2015 after years of debate, nepal is celebrating a new constitution. During, the constitutional development of nepal, the government of nepal act 2004 b. After an overview of the diversity and complexity of nepal, the book chronicles major political events shaping the countrys constitution making and implementation process, especially between 2015 to 2017. The sovereignty of nepal is vested in the nepalese people and shall be exercised in accordance with the provisions of this constitution. Sep 23, 2015 another paper, the rising nepal, adds.
Nepal has also been regarded as the multi party democratic system. The 1st nepalese constituent assembly was a unicameral body of 601 members that served from may 28, 2008 to may 28, 2012. How indian and nepali national media covered the controversy surrounding the ratification of nepal s constitution in 2015. Preamble being the soul of the constitution, it should be brief, objectivebased, clear and human rights friendly. Promulgation of the constitution of nepal 2015 was guided by the prime motive of political and social transformation, thereby ensuring liberties of the people belonging to different classes and communities and opening the vista of overall. Out of the 598 members of the constituent assembly, 507 voted for the new constitution, 25 voted against, and 66 abstained in a vote on september 16, 2015. Former prime minister surya bahadur thapa, the oldest member of the house, assumed chairmanship of the ca on january 20, 2014 and administered the oath of office to 565 lawmakers at the first meeting of the assembly on january 21, 2014. Some of the positive features of nepal constitution 2072 are. The history of nepal is intertwined with the history of the broader indian subcontinent and the surrounding regions, comprising the areas of south asia and east asia. The constitution of nepal date of publication in nepal gazette 20 september 2015 2072. Sep 20, 2015 so what are the positive things we can moan about new constitution. After years of debate, nepal is celebrating a new constitution. Christians and muslims in nepal are criticizing the draft version of a new constitution that bans religious conversion. S is the first and historical document of nepal which was declared by the shree iii padma shamsher jbr.
The constitutional development of nepal has not come a long way. Nepal s new draft constitution, adopted by the countrys constituent assembly on june 7, 2015 and put forward for a twoweek public consultation period, has a number of major human rights shortcomings which need to be urgently addressed, amnesty international said today. The constitution of the kingdom of nepal, 2015 date of red seal and gazette publication. The nepalese constitution, approved by the constituent assembly on 16 september 2015, includes several provisions pertaining to the rights of lgbt people. Draft of the constitution of nepal, unofficial english translation by international idea 2. Nepal officially the federal democratic republic of nepal, is a landlocked country in south. International religious freedom r o u n d t a b l e washington, d. Nepal mnn in 2008, nepal had its first democratic election. Nepals constitution building process dd international idea. News corp is a network of leading companies in the worlds of diversified media, news, education, and information services.
Nepals parliament in kathmandu descends into a brawl when opposition mps tried to block the government from pushing through a draft of a new constitution. Aug 07, 2015 nepal mnn in 2008, nepal had its first democratic election. Nov 17, 2017 this app provides easy way to read the constitution both in nepali as well as english language. Sep 19, 2015 nepal is about to adopt a new constitution, after nearly a decade of delay. Nepal is competitive in football in the south asia region but has never won the saff.