Features of Constitution Flashcards
Meaning Of Constitution
Constitution is the political-legal document which determines the polity of state i.e
1. Nature Of State
2. Structure Of State
3. Power of State Organs
- It is the fundamental rules governing the politics of a nation and sub-ordinate bodies.
Definition
‘’ The constitution for the most of the countries in the world is te selection of rules which govern the government of that community and which have been embodied in a document.’’- KC Wheare
Diagram
Legal/Justice
-Foundation of Legal System and Citizens Rights
Political Power
-Power Map of Institution of Government
Social(Culture)
-Reflecting and Influencing share Values and Principles
Background
The constitution of Nepal is the 1st
constitution drafted by Constituent Assembly, peoples representatives who were assigned to draft the constitution and drafted on 3rd Asoj consists of 308 Articles, 35 Parts and 9 schedules.
Till now existing constitution has been amended for 2 times respectively on Falgun 16, 2072 and Asar 4, 2077.
FEATURES OF EXISTING CONTITUTION
Preamble
Federal Republican System of Government with the end of Feudal, Centralized and Unitary govemment aiming to Socialism-Oriented Society
Part 1- Preliminary
Constitution as Fundamental Law of land.
The Sovereignty and state Authority of Nepal are vested in Nepali people.
Article 5(1) National Interest
i) Independence
ii) Sovereignty
iii) Territorial Integrity
iv) Dignity of Nepal
v) Nationality
vi) Rights of Nepali People
vii) Boarder Security
viii) Economic wellbeing and Prosperity
Part 2: Citizenship
Provision of Single Federal citizenship with Provincial Identity in Nepal
The Citizenship are provided
i) Based on Descent
ii) Based on Birth
iii) Naturalized Citizenship
iv) Honorary citizenship.
Part3 Fundamental Right and Duty
From Article 16-46 - Fundamental Rights
Some new added Fundamental Rights
i) Right against torture
ii) Right to labour
iii) Right of Victim of Crime
Article 47 -Implementation of Fundamental butty Righ within 3 years of the Commencement of Constitution
Article 48 - Fundamental Duties of Citizens
Part 4: Directive Principles ,Policies and Responsibilities of State
Guidelines for the Governance of State.
No questions can be raised about the implementation of provision in this part
Part 5: Structure of State
Aritcle 56- Structure of State
i) The Federation-1
ii) The Provinces-7
iii) The Local Level -753
Part 5 - Distribution of State power
Article 57- Distribution of State power
Schedule
5 - Federal Power
6- Provincial Power
7- Concurrent power of Federation and Provinces
8- Local Level Power
9- Concurrent Power of Federation, Province And Local Level
Article 58- Residual Power
To the Federation
Part 7 Federal Executive
Article 74- Form of Governance.
i. Multiparty
ii. Competitive
iii. Federal
iv. Democratic
v. Republican
vi. Parliamental Form of Government
Article 78 - Non Member of Parliament can be Minister
Part 8 -Federal Parliament
There shall be a legislative, called Federal Parliament consisting of Two Houses.
i. House of Representatives
(275 members)
First Past The Post- 165 members
Proportional Representation- 110 members
ii. National Assembly
(59 members)
56 members- 8 members from each province consisting at least
-3 women
- 1 dalit
-1 person from minorities or disabilities
-4 others
3 Members Nominated by President
consisting at least
-1 women
-2 others
Article 100-Vote of Confidence and Motion of No Confidence
Part 11 Judiciary
Name of Court- Writ- Jurisdiction
Supreme Court-5-Article133
High Court-5-Article144
District Court-1-Article151
Provision Of -Article
Judicial Council-153
Judicial Service Commission-154
Constitutional Bench-137
Part 12 Attorney General
Article157- The person qualified to be Judge of Supreme Court is eligible to be appointed as Attorney General.
Article160- The person qualified to be Judge of High Court can be Chief Attorney General.
Part13 Provincial Executive
Article163-Head of Provincial Executive -Chief Minister.
Article162- Power shall be vested to Council of Minister of the Province and maximum consists 20% of member of Provincial Assembly.
Part14 Provincial Legislature
Article175-The Legislature of a Province shall be Unicameral, called Provincial Assembly
Article 188-Provision relating to Vote of Confidence and Motion of no Confidence
Part17 Local Executive
Article 220 (1) - There shall be District Assembly to make Coordination between the Rural Municipalities and Municipalities within a district.
Article 217-Judicial committee.
Part 18 Local Legislature
Article 226-A Rural Municipal Assembly and Municipal Assembly may make necessary laws on the matters enmunerated in the list as in Schedule 8 and Schedule 9 such as
i)Basic and Secondary Education
ii) Management of Local Resources,etc
Constitutional Bodies
1.Commission for the Investigation of Abuse of Authority.
- Auditor General
- Public Service Commission
- Election Commission.
5: National Humal Rights commission
- National Natural Resources and Fiscal commission
- National Women Commission
- National Dalit Commission
- National Inclusion Commission
- Indigenous Nationalities Commission.
- Madhesi Commission
- Tharu Commission
- Muslim Commission.
Part 30 Emergency Power
Article 273 (1)-President may declare a state of Emergency in following circumstances.
- War or External Aggression.
- Armed Rebellion
- Natural Disaster or Epidemic.
- Threat to the security or sovereignty of Nepal.
Article 273 (10)- Some rights fundamental rights may be suspended such as:
i) Article Right to property (Article 25 ) ii) Right to information (Article 27)
Part 31 Amendment to Constitution
Article 274 (1) - No amendment can be done in matters relating to
i) Sovereignty
ii) Territorial Integrity
iii) Independence Of Nepal
iv) Sovereignty Vested in the People
Part 32 Miscellaneous
Article.
275- Provision relating to Referendum
276- Pardons
280- Special Provision relating to Discharge of Functions of President
284- Provision relating to Constitutional Council
292-Provision relating to Parliamentary Hearing
Part 33 Transitional Provision
Article 295-Constitution of Federal Commission
Article 296-Constituent Assembly to be converted into Legislature Parliament
Article 305- Power to remove Difficulties
Part 35- Short Title, Commencement and Repeal
The short title of the Constitution is the
‘Constitution of Nepal’
Article 308- The Interim constitution Nepal, 2063 is hereby repealed.
Conclusion
Overal, The Constitution of Nepal is a comprehensive document that sets out the fundamental principles of the state, the structure of government and rights and duties of citizens.
Part 20 Interrelation between Federation, Provinces and Local level
Article 232 - The interrelationship among the entities of federal system to be based on
i) Cooperation
ii) Coexistence
iii) Coordination
