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Sunday, 29 December 2013 18:40
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INTERIM CONSTITUTION OF NEPAL (2063) 2007
INTERIM CONSTITUTION OF NEPAL (2063) 2007
INTERIM CONSTITUTION OF NEPAL (2063) 2007: Part-I
INTERIM CONSTITUTION OF NEPAL (2063) 2007: Part-II
INTERIM CONSTITUTION OF NEPAL (2063) 2007: Part-III
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INTERIM CONSTITUTION OF NEPAL (2063) 2007

PREAMBLE

WE, THE PEOPLE OF NEPAL, IN EXERCISE THE SOVEREIGN POWERS AND STATE AUTHORITY INHERITENT IN US;

WHEREAS, recognizing the mandate of the NEPALI PEOPLE expressed, from time to time, since prior to 1951 till now, through historical struggles and people's movements for democracy, peace and progress;

WHEREAS, having determined for progressive restructure of the state in order to resolve the existing problems of the country based on class, caste, region and gender;

WHEREAS, expressing full commitments towards democratic norms and values including competitive multiparty democratic rule, system, civil liberty, fundamental rights, human rights, adult franchise, periodic election, full freedom of press, independent of judiciary and concept of rule of law;

WHEREAS, guaranteeing the basic rights of the Nepali people to frame a Constitution for themselves and to participate in the free and impartial election of the Constituent Assembly in a fear-free environment;

AND WHEREAS, keeping democracy, peace, prosperity, progressive economic-social changes and sovereignty, integrity, independence and dignity of the country in the center;

NOW THEREFORE DO hereby promulgate this INTERIM CONSTITUTION OF NEPAL, 2063 (2007), prepared through a political consensus enforceable until a new Constitution is framed by the Constituent Assembly in order to institutionalize the achievements of the revolution and movements till this date.



PART 1
PRELIMINARY

1.  Constitution as the Fundamental Law: (1) This Constitution is the fundamental law of Nepal. All laws inconsistent with this constitution shall, to the extent of such inconsistency, be void.

(2) It shall be the duty of every person to uphold this Constitution.

2.  SCHEDULE I Sovereignty and State Authority: The sovereignty and the state authority of Nepal shall be vested in the Nepalese people.

3.  Nation: Having common aspiration of multiethnic, multilingual, multi religious, multi cultural characteristics and having committed and united by a bond of allegiance to national independence, integrity, national interest and prosperity of Nepal, the Nepalese people collectively constitute the nation.

4.  State of Nepal: (1) Nepal is an independent, indivisible, sovereign, secular, inclusive and a fully democratic State.

(2) The territory of Nepal shall comprise:

(a) the territory existing at the commencement of this Constitution, and

(b) such other territory as may be acquired    after the commencement of this Constitution.

5.  Language of the Nation: (1) All the languages spoken as the mother tongue in Nepal are the national languages of Nepal.

(2) The Nepali Language in Devnagari script shall be the official language.

(3) Notwithstanding anything contained in clause (2), it shall not be deemed to have hindered to use the mother language in local bodies and offices. State shall translate the languages so used to an official working language and maintain record thereon.

6.  National Flag:  The National flag of Nepal, as handed down by tradition, consists of two juxtaposed triangular figures with a crimson coloured base and deep blue borders, there being a white emblem of the crescent moon with eight rays visible out of sixteen in the upper part and a white emblem of a twelve rayed sun in the lower part. The method of drawing out the flag and other particulars relating thereto shall be as set forth in the Schedule.

7.    National Anthem etc: (1) The national anthem and the coat-of-arms of
Nepal shall be as determined by Government of Nepal.

(2) The Rhododendron Arboreum shall be the national flower, Crimson colour shall be the national colour, the Cow shall be the national animal and the Lophophorus shall be the national bird of Nepal.

PART 2
CITIZENSHIP

8.  Citizenship at the Commencement of the Constitution: (1) Persons who have acquired citizenship at the commencement of this Constitution and the persons who are eligible to acquire citizenship by virtue of the provisions of this Part shall be the citizens of Nepal.

(2) At the commencement of this Constitution, the following persons who have their domicile in Nepal shall be deemed to be citizens of Nepal by descent:

(a)    a person who has acquired citizenship by descent before the commencement of this Constitution,

(b)    any person whose father or mother is a citizen of Nepal at the birth of such person.

(3) Every child who is found within the territory of Nepal and the whereabouts of whose parents are not known shall, until the father or mother of the child is traced, be deemed to be a citizen of Nepal by descent.

(4) Whenever any territory is acquired by way of incorporation into Nepal, every person having his domicile within such territory shall become a citizen of Nepal, subject to the provisions of the laws in force.

(5) Any person born till the end of Chaitra, 2046 (mid April, 1990) and has been residing permanently in Nepal shall acquire the citizenship of Nepal by birth as per the laws in force.

Provided, that application to that effect shall be submitted within the timeframe prescribed for onetime as per the provision of the laws in force.

(6) A woman of foreign nationality who has a matrimonial relationship with a Nepalese citizen may acquire naturalized citizenship, if she desires to do so, pursuant to the laws in force.

(7) Notwithstanding anything contained elsewhere in this Article in the case of a person born to the women citizen of Nepal married to a foreigner, if such a person is born in Nepal and has been residing permanently in Nepal who has not acquired citizenship of the foreign country by virtue of the citizenship of his/her father he/she may acquire the naturalized citizenship of Nepal pursuant to the laws in force.

9.    Naturalized or Honorary Citizenship: Except as provided for in Article 8, the Government of Nepal may grant naturalized or honorary Nepalese citizenship as per the provision of the law.

10. Acquisition and Termination of Citizenship: Other necessary provisions including the acquisition and termination of the citizenship shall be as provided for in the laws.

11. Citizenship Team to be Assigned: Government of Nepal shall assign Citizenship Distribution Team to provide citizenship to the persons eligible to acquire citizenship as provided for in the laws in force.

PART 3
FUNDAMENTAL RIGHTS

12.    Right to Freedom: (1) Every person shall have the right to live with dignity, and no law shall be made which provides for capital punishment.

(2) No person shall be deprived of his/her personal liberty save in accordance with law.

(3) Every citizen shall have the following freedoms: (a) freedom of opinion and expression;
(b) freedom to assemble peaceably and without arms; (c) freedom to form political party or organisations; (d) freedom to form unions and associations;
(e) freedom to move and reside in any part of Nepal; and

(f) freedom to practice any profession, or to carry on any occupation, industry, or trade.

Provided that,

(1) nothing in sub-clause (a) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religion or communities, or on any act of defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behaviour or morality.

(2) nothing in sub-clause (b) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty, integrity or law and order situation of Nepal.

(3) nothing in sub-clauses (c) and (d) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes religion or communities, which may instigate violence, or which may be contrary to public morality.

(4) nothing in sub-clause (e) shall be deemed to prevent the making of laws which are in the interest of the general public, or which are made to impose reasonable restrictions on any act which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religion or communities.

(5) nothing in sub-clause (f) shall be deemed to prevent the making of laws to impose restriction on any act which may be contrary to public health or morality, to confer on the State the exclusive right to undertake specific industries, businesses or services; or to impose any condition or qualification for carrying on any industry, trade, profession or occupation.

13.    Right to Equality:    (1) All citizens shall be equal before the law. No person shall be denied the equal protection of the laws.


(2) No discrimination shall be made against any citizen in the application of general laws on grounds of religion, race, sex, caste, tribe, origin, language or ideological conviction or any of these.



(3) The State shall not discriminate among citizens on grounds of religion, race, caste, tribe, sex, origin, language or ideological conviction or any of these.

Provided that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of the interests of women, Dalit, indigenous ethnic tribes, Madeshi, or peasants, labourers or those who belong to a class which is economically, socially or culturally backward and children, the aged, disabled and those who are physically or mentally incapacitated.

(4) No discrimination in regard to remuneration and social security shall be made between men and women for the same work.

14. Right against Untouchability and Racial Discrimination: (1) No person shall, on the ground of caste, descent, community or occupation, be subject to racial discrimination and untouchability of any form. Such a discriminating act shall be liable to punishment and the victim shall be entitled to the compensation as provided by the law.

(2) No person shall, on the ground of caste or tribe, be deprived of the use of public services, conveniences or utilities, or be denied access to any public place, or public religious places, or be denied to perform any religious act.

(3) No person belonging to any particular caste or tribe shall, while producing or distributing any goods, services or conveniences, be prevented to purchase or acquire such goods, services or conveniences; or no such goods, services or conveniences shall be sold or distributed only to a person belonging to a particular caste or tribe.

(4) No one shall be allowed to demonstrate superiority or inferiority of any person or a group of persons belonging to any caste, tribe or origin; to justify social discrimination on the basis of cast and tribe, or to disseminate ideas based on caste superiority or hatred; or to encourage caste discrimination in any form.

(5) Any act contrary to the provisions of sub-clauses (2), (3) and
(4) shall be punishable in accordance with law.

15. Right Regarding Publication, Broadcasting and Press: (1)  No publication and broadcasting or printing of any news items, editorial, article, writings or other readings, audio-visual materials, by any means including electronic publication, broadcasting and press, shall be censored.

Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty or integrity of Nepal, or which may jeopardise the harmonious relations subsisting among the peoples of various castes, tribes or communities; or on any act of sedition, defamation, contempt of court or incitement to an offence; or on any act which may be contrary to decent public behaviour or morality.

(2) No radio, television, online or any other types of digital or electronic means, press or any other communication media shall be closed, seized or be cancelled the registration because of publishing and broadcasting or printing any material by such means of audio, audio-visual or electronic equipments.

(3) No newspaper, periodical or press shall be closed, seized or be cancelled the registration for printing and publishing any news items, articles, editorial, writings or other reading materials.

(4) No communication means including press, electronic broadcasting and telephone shall be obstructed except in accordance with law.

16. Right Regarding Environment and Health: (1) Every person shall have the right to live in clean environment.

(2) Every citizen shall have the right to get basic health service free of cost from the State as provided for in the law.

17. Education and Cultural Right: (1) Each community shall have the right to get basic education in their mother tongue as provided for in the law.

(2)    Every citizen shall have the right to free education from the State up to secondary level as provided for in the law.

(3) Each community residing in Nepal shall have the right to preserve and promote its language, script, culture, cultural civility and heritage.

18. Right regarding Employment and Social Security :    (1) Every citizen shall have the right to employment as provided for in the law.

(2) Women, labourers, the aged, disabled as well as incapacitated and helpless citizens shall have the right to social security as provided for in the law.

(3) Every citizen shall have the right to food sovereignty as provided for in the law.

19. Right to Property: (1) Every citizen shall, subject to the laws in force, have the right to acquire, own, sell and otherwise dispose of the property.

(2) The State shall not, except in the public interest, requisition, acquire, or create any encumbrance on the property of any person.

Provided that this clause shall not be applicable on property acquired through illegal means.

(3) Compensation shall be provided for any property requisitioned, acquired or encumbered by the State in implementing scientific land reform programme or in public interest in accordance with law. The compensation and basis thereof and operation procedure shall be as prescribed by law.

20. Right of Woman: (1) No one shall be discriminated in any form merely for being a woman.

(2) Every woman shall have the right to reproductive health and other reproductive matters.

(3)    No physical, mental or any other form of violence shall be inflicted to any woman, and such an act shall be punishable by law.

(4)    Son and daughter shall have equal rights to their ancestral property.

21. Right to Social Justice: (1) Women, Dalit, indigenous tribes, Madheshi community, oppressed group, the poor peasant and labourers, who are economically, socially or educationally backward, shall have the right to participate in the state mechanism on the basis of proportional inclusive principles.

22. Right of Child: (1) Every child shall have the right to his/her own identity and name.

(2) Every child shall have the right to get nurtured, basic health and social security.

(3) Every child shall have the right against physical, mental or any other form of exploitation. Any such an act of exploitation shall be punishable by law and the child so treated shall be compensated in a manner as determined by law.

(4) Helpless, orphan, mentally retarded, conflict victims, displaced, vulnerable and street children shall have the right to get special privileges from the State to their secured future.

(5) No minor shall be employed in factories, mines or in any other such hazardous work or shall be used in army, police or in conflicts.

23. Right to Religion: (1) Every person shall have the right to profess, practise and preserve his/her own religion as handed down to him/her from ancient times having due regards to the social and cultural traditional practices.

Provided that no person shall be entitled to convert another person from one religion to another, and shall not act or behave in a manner which may jeopardize the religion of others.

(2) Every religious denomination shall have the right to maintain its independent existence, and for this purpose to manage and protect its religious places and religious trusts, in accordance with law.

24. Rights Regarding to Justice: (1) No person who is arrested shall be detained in custody without being informed of the ground for such arrest.


(2) The person who is arrested shall have the right to consult a legal practitioner of his/her choice at the time of the arrest. The consultation made by such a person with the legal practitioner and the advice given thereon shall remain confidential, and such a person shall not be denied the right to be defended through his/her legal practitioner.

Explanation: For the purpose of this clause, the words "legal practitioner" means any person who is authorized by law to represent any person in any court.

(3) Every person who is arrested shall be produced before a judicial authority within a period of twenty-four hours after such arrest, excluding the time necessary for the journey from the place of arrest to such authority, and no such a person shall be detained in custody beyond the said period except on the order of such authority.

Provided that nothing in clauses (2) and (3) shall apply to preventive detention or to a citizen of an enemy state.

(4) No person shall be punished for an act which was not punishable by law when the act was committed, nor shall any person be subjected to a punishment greater than that prescribed by the law in force at the time of the commission of the offence.

(5) No person accused of any offence shall be assumed as an offender until proved guilty committed by him.

(6) No person shall be prosecuted or punished for the same offence in a court of law more than once.

(7) No person accused of any offence shall be compelled to be a witness against oneself.

(8) Every person shall have the right to be informed about the proceedings of the trail conducted against him/her.

(9) Every person shall be entitled to a fair trial by a competent court or judicial authority.

(10) The indigent person shall have the right to free legal aid in accordance with law.

25. Right against Preventive Detention: (1) No person shall be held under preventive detention unless there is a sufficient ground of existence of an immediate threat to the sovereignty and integrity or law and order situation of Nepal.

(2) Any person held under preventive detention shall, if his/her detention was contrary to the law or was in bad faith, have the right to be compensated in a manner as prescribed by law.

26. Right against Torture:  (1) No person who is detained during investigation, or for trial or for any other reason shall be subjected to physical or mental torture, nor shall be given any cruel, inhuman or degrading treatment.

(2) Any such an action pursuant to clause (1) shall be punishable by law, and any person so treated shall be compensated in a manner as determined by law.

27. Right to Information: (1) Every citizen shall have the right to demand or obtain information on any matters of his/her own or of public importance.

Provided that nothing shall compel any person to provide information on any matter about which secrecy is to be maintained by law.

28. Right to Privacy: (1) Except on the circumstance as provided by law, the privacy of the person, residence, property, document, statistics, correspondence and character of anyone is inviolable.

29. Right against Exploitation: (1) Every person shall have the right against exploitation.

(2) Exploitation on the basis of custom, tradition and convention or in any manner is prohibited.

(3)    Traffic in human beings, slavery or serfdom is prohibited. (4)    Force labour in any form is prohibited.
Provided that nothing in this clause shall prevent for enacting a law allowing the citizen to be engaged in compulsory service for public purposes.

30. Right Regarding Labour: (1) Every employee and worker shall have the right to proper work practice.

(2) Every employee and worker shall have the right to form trade unions, to organise themselves and to perform collective bargaining for the protection of their interest in accordance with law.

31. Right against Exile: (1) No citizen shall be exiled.

32. Right to Constitutional Remedy: The right to proceed in the manner set forth in Article 107 for the enforcement of the rights conferred in this part is guaranteed.

PART 4
RESPONSIBILITIES, DIRECTIVE PRINCIPLES AND POLICIES OF THE STATE

33.    Responsibilities of the State: The State shall have the follows responsibilities:

(a) To focus all its attention to conduct a free and impartial election for the members of the Constituent Assembly within Jestha 2064 (by June, 2007), acknowledging the matter to practical guarantee that the sovereign powers of the State inherently lies upon the Nepali people.

(b) To ensure progressive political, economical and social change in the Country.

(c) To adopt a political system which is fully abides by the universally accepted concept of fundamental human rights, multi-party competitive democratic system, sovereign authority inherent in the people and supremacy of the people, constitutional balance and check, rule of law, social justice and equality, independence of judiciary, periodical election, monitoring by the civil society, full independence of press, right to information of the people, transparency and accountability in the activities of political parties, people’s participation, neutral, competent and clean administration and to maintain good governance by eliminating corruption and impunity.

(d) To carry out an inclusive, democratic and progressive restructuring of the State by eliminating its existing form of centralized and unitary structure in order to address the problems related to women, Dalits, indigenous tribes, Madhesis, oppressed and minority community and other disadvantaged groups, by eliminating class, caste, language, sex, culture, religion and regional discriminations.

(e) To formulate a minimum common program for socio- economic transformation to eliminate all forms of feudalism and implement it gradually.

(f) To pursue a policy of adopting scientific land reform programs by gradually ending feudalistic land ownership.

(g) To follow a policy of protecting and promoting national industries and resources.

(h) To pursue a policy of establishing the rights of all citizens to education, health, housing, employment and food sovereignty.

(i) To adopt a policy of providing economic and social security including lands to economically and socially backward classes including the landless, bonded labourers, tillers and shepherds.

(j) To adopt a policy of taking severe action and punish the individuals who earns unjust wealth through corruption by holding a office of profit.

(k) To formulate a common development concept for socio- economic transformation and justice, and for rapid economic progress and prosperity of the country.

(l) To follow a policy that increases investment for promoting industry, trade and export, and creates opportunity for employment and income generation, by ensuring the professional rights of labourers.

(m) To implement international treaties and agreements effectively, to which State is a party.

(n)    To terminate all discriminatory laws.

(o) To use existing natural resources including water resources of the country for the interest of the nation.

(p) To make arrangements for appropriate relief, recognition and rehabilitation for the family of the deceased persons the disabled and helpless persons due to injury during the course of armed conflict.

(q) To provide relief to the families of the victims, on the basis of the report of the Investigation Commission constituted to investigate the cases of disappearances made during the course of the conflict.

(r) To conduct special programs to rehabilitate the displaced, to provide relief for damaged private and public property, and to rebuild infrastructures destroyed during the course of the conflict.

(s) To constitute a high-level Truth and Reconciliation Commission to investigate the facts regarding grave violation of human rights and crimes against humanity committed during the course of conflict, and create an atmosphere of reconciliation in the society.

34.  Directive Principles of the State: (1) It shall be the chief objective of the State to promote conditions of welfare on the basis of the principles of an open society, by establishing a just system in all aspect of national life, including social, economic and political life, while at the same time protecting the lives, property, equality and liberty of the people.

(2) It shall be the objective of the State to maintain conditions suitable to the enjoyment of the benefits of democracy through maximum participation of the people in the governance of the country by the means of self-governance tribal, linguistic cultural or regional and to promote general welfare by making provisions for the protection and promotion of human rights, by maintaining tranquility and order in the society.

(3) It shall be the political objective of the State to build a well- off and prosperous Nepal by institutionalizing democracy achieved as a result of the struggle of Nepali people and by creating an environment wherein its benefits could be enjoyed.

(4) The fundamental economic objective of the State shall be to transform the national economy into an independent and self-reliant system by preventing the available resources and means of the country from being concentrated within a limited section of society, by making arrangements for equitable distribution of economic gains based in social justice, by making such provisions as will prevent economic exploitation as well as economic disparity of any caste, sex, tribe, origin or individuals, and by giving preferential treatment and encouragement to national enterprises, both private and public.

(5) The social objective of the State shall be to establish and develop, on the foundation of justice and morality, a healthy social life, by eliminating all types of economic and social inequalities and by establishing harmony amongst the diverse castes, tribes, religions, languages, races, groups and communities.

(6) The state shall, in its international relations, shall be guided by the objective of enhancing the dignity of the nation in the international arena by maintaining the sovereignty, integrity and independence of the country.

35.  State Policies: (1) The State shall pursue a policy of raising the standards of living of the general public through the development of infrastructures such as education, health, transportation, housing, and employment of the people of all regions, by equitably distributing investment of economic resources for balanced development of the country.

(2) The State shall pursue a policy of economic development through the means of governmental, cooperatives and private sectors.

(3) The State shall, while maintaining the cultural diversity of the country, pursue a policy of strengthening the national unity by promoting healthy and cordial social relations, based on equality and coexistence, amongst the various religions, cultures, castes, groups, communities, origins and linguistic groups, and by helping in the equal promotion of their languages, literatures, scripts, arts and cultures.

(4) The State shall, while mobilizing the natural resources and heritage of the country that might be useful and beneficial to the interest of the nation, pursue a policy of giving priority to the local people.

(5) The State shall make necessary arrangements to maintain clean environment. The State shall give priority to the protection of the environment, and also to the prevention to its further damage due to physical development activities by increasing the awareness of the general public about environmental cleanliness, and the State shall also make arrangements for the special protection of the environment and the rare wildlife. Provision shall be made for the protection of the forest, vegetation and biodiversity, its sustainable use and for equitable distribution of the benefit derived from it.

(6) The State shall, by encouraging peasants and by increasing productivity, create conditions for economic progress of the majority of the people who are dependent on agriculture, and by launching land reform program, develop the agricultural sector as an industry.

(7) The State shall pursue a policy of increasing the participation of the labour force, the major socio-economic force in the country, in the management of enterprises by providing employment to it, ensuring their right to work, and thus protecting its rights and interests.

(8) The State shall pursue a policy of encouraging maximum participation of women in national development by making special provisions for their education, health and employment.

(9) The state shall pursue a policy of making special provisions of social security for the protection and welfare of single women, orphans, children, helpless, the aged, disabled, incapacitated persons and the disguising tribes.

(10) The State shall pursue a policy which will help to promote the interest of the marginalized communities and the peasants and labourers living below poverty line, including economically and socially backward indigenous tribes, Madhesis, Dalits, by making reservation for a certain period of time with regard to education, health, housing, food sovereignty and employment.

(11) The State shall, with a view to bringing about prosperity in the country, pursue a policy of giving priority to the development of science and technology, and shall also give due consideration to the development of local technology.

(12) The State shall, for the purpose of national development, pursue a policy of attracting foreign capital and technology, giving priority to the national investment.

(13) The State shall pursue the policy of creating conditions for the acceleration of the speed of rural development, keeping in view the welfare of the majority of the rural population.

(14) The State shall pursue a policy of making special provision based on positive discrimination to the minorities, landless, squatters, bonded labourers, disabled, backward communities and sections, and the victims of conflict, including women, Dalits, indigenous tribes, Madhesis and Muslims.

(15) The State shall pursue a policy of making provision of providing basic land to the liberated bonded labourers for settlement having determined their exact numbers.

(16) The State shall pursue a policy of making basic infrastructure to impart technical education, training and orientation for the development of a class of people dependent on labour including peasants and labourers, to seek their participation in the development process of the country.

(17) The State shall pursue a policy to make legal provision to provide allowance to the aged, incapacitated women and the unemployed.

(18) The State shall pursue a policy of modernizing the traditional knowledge, skills and practices existing in the country by identifying and protecting them.

(19)The State shall pursue a special policy to regulate the operation and management of public and non-governmental organizations established in the country.

(20) The State shall pursue a special policy to mobilize youth human resources for the development of the country.

(21) The state shall adopt the foreign policy of Nepal guided by the principles of the United Nations Charter, nonalignment, the Panchsheel, international laws and the norms of world peace.

(22) The State shall pursue a policy of making continuous efforts to institutionalize peace for Nepal through international recognition, by promoting cooperative and good relations in the economic, social and other spheres on the basis of equality with neighbouring and all other countries of the world.

36.  Questions not to be Raised in Courts: (1) No questions shall be raised in any court as to whether provisions contained in this Part are implemented or not.

(2) The State shall mobilize or cause to be mobilized the required resources for the implementation of the principles and policies contained in this Part.

 

 



 

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