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Written by Administrator   
Thursday, 12 January 2012 13:36
Article Index
THE CONSTITUTION OF NEPAL, 1962
THE CONSTITUTION OF NEPAL, 1962
THE CONSTITUTION OF NEPAL, 1962: Part-I
THE CONSTITUTION OF NEPAL, 1962: Part-II
THE CONSTITUTION OF NEPAL, 1962: Part-III
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THE CONSTITUTION OF NEPAL, 1962

PART 1
PRELIMINARY

1. Constitution as the Fundamental Law
This Constitution is the fundamental law of Nepal and all laws inconsistent with it shall, to the extent of such inconsistency, and subject to the provisions of this Constitution, be void.

2. The Nation

(1) Having common aspirations and united by the common bond of allegiance to the Crown, the Nepalese people irrespective of religion, race, caste or tribe collectively constitute the nation.

(2) It is the indefeasible and inalienable right of the nation to develop its political, economic and cultural life and to determine its relations with other nations, in accordance with its own genius and traditions.

3. The State

(1) Nepal is an independent, indivisible and sovereign monarchical Hindu State.
(2) The territory of Nepal shall comprise of:
(a)    the territory at the commencement of this Constitution;
and
(b)    such other territory as may be acquired after the commencement of this Constitution.

4. National Language

The national language of Nepal is the Nepali language in the Devanagari script.

5. National Flag

The national flag of Nepal, as handed down by tradition, consists of two juxtaposed triangular figures with 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 twelve rayed sun in the lower part. The method to draw out the flag and other particulars relating to it are laid down in schedule 1.

6. National Anthem, etc.

(1) The Royal salute as given in Schedule 2 is the national anthem of Nepal
(2) Laligurans (Rhododendron Arboreum) is the national flower, crimson colour is the national colour, the cow is the national animal and Danfay (the lophophorus) is the national bird of Nepal.
(3) The coat-of-arms of Nepal shall be as laid down in Schedule 3.
Provided that the size of the coat-of-arms may be enlarged or reduced as required and that such colour may be used therein as may be prescribed by His Majesty’s Government.

PART 2
CITIZENSHIP

7.    Citizenship at the Commencement of the Constitution
Every person who has his domicile in Nepal and:
(a)    who was born in Nepal; or
(b)    either of whose parents was born in Nepal; or
(c)    who, as a woman, has any kind of relation with a citizen of Nepal constituting matrimony in accordance with the laws and customs of Nepal; or
(d)    who has already obtained a certificate of citizenship in accordance with the laws of Nepal;
shall be a citizen of Nepal at the commencement of this Constitution.

8.    Acquisition and Termination of Citizenship to be regulated by Law
(1)    After the commencement of this constitution, the acquisition and termination of citizenship of Nepal and other matters related thereto shall be regulated by law.
(2)    Laws to be made in pursuance of clause (1) shall, inter alia, stipulate that a foreigner may qualify for the acquisition of citizenship if
(a)     he can read and write the national language of Nepal; (b)    he, engaged in an occupation, resides in Nepal;
(c)    he has taken steps to renounce the citizenship of the country of which he is a citizen; and
(d)    he has resided in Nepal for a period of not less than two years in the case of a person of Nepalese origin, and for a period of not less than twelve years in case of a person other than of Nepalese origin.
(3)    Laws to be made in pursuance of clause (1) shall, inter alia, stipulate that the citizenship of a person may be terminated if:
(a)    he has raised arms or has made an attempt to raise arms against Nepal or has committed any other offence against the state; or
(b)    he has not served or avoids serving the State, during war or any other emergency, in the manner prescribed by law.

PART 3
FUNDAMENTAL DUTIES AND RIGHTS

9.    Fundamental Duties of the Citizen

(1) Devotion to the Nation and loyalty to the State are the fundamental duties of every citizen.
(2) To exercise one’s rights with due regard to the law and without infringing upon the rights of others is also fundamental duty of every citizen.

10.    Right of equality

(1) All citizens shall have the right to equal protection of the laws.

(2) No discrimination shall be made against any citizen in the application of general laws on ground of religion, race, sex, caste, tribe or any of them.
(3) There shall be no discrimination against any citizen in respect of appointment to the government service or any other public service only on grounds of religion, race, sex, caste, tribe or any of them

11.    Right to Freedom

(1) No person shall be deprived of his life or personal liberty save in accordance with
the law.
*(2) Subject to the other provisions of this Part all citizens shall have the right to the following freedoms:
(a)    Freedom of speech and expression;
(b)    Freedom to assemble peaceably and without arms; (c)    Freedom to form unions and associations;
(d)    Freedom to move to or reside in any part of Nepal; and
(e)    Freedom to acquire and enjoy property or to dispose it of by sale or otherwise.
+(2) a. Notwithstanding anything contained in clause (2), no political party or any other organization, union or association motivated by party politics shall be formed or caused to be formed or run.
(3) No person shall be punished for an act which was not punishable by law when the act was done, nor shall any person be subject to a punishment greater than that prescribed by law for an offence when the offence was committed.
(4) No person shall be prosecuted and punished more than once for the same offence in any court.
(5) No person accused of any offence shall be compelled to be a witness against himself.
(6) No person who is arrested shall be detained in custody without being informed, as is practicable, of the grounds of such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
Explanation – For the purpose of this clause, ‘legal practitioner’ includes any person who, under the law for the time being in force, is authorized to represent any other person in any court.
(7) Every person who is arrested and detained in custody shall be produced before a judicial authority within a period of twenty-four hours of such arrest, excluding the period of journey from the place of arrest to such authority, and no such person shall be detained in custody beyond the said period except on the order of such authority.

(8) Nothing in clauses (6) and (7) shall apply to a person who: (a)    is a citizen or an enemy state; or
(b)    is arrested or detained under a law providing for preventive detention.

*     Amended by the First Amendment of the Constitution.
+    Inserted by the First Amendment of the Constitution


12.    Right against Exile
No citizen shall be exiled.

13.    Right against Exploitation
Traffic in human beings, slavery and forced labour are prohibited. Provided that the prohibition on forced labour shall not be a bar to provide for compulsory service by law for public purposes.

14.    Right to Religion
Every person may profess his own religion as handed down from ancient times and may practice it having regard to the tradition.
Provided that no person shall be entitled to convert another person from one religion to another.

15.    Right to Property
No person shall be deprived of his property save in accordance with the law.

16.    Right to Constitutional Remedies
Right to proceed in accordance with Article 71, for the enforcement of the right conferred by this Part, is guaranteed.

17.    Restrictions on the Exercise of Fundamental rights for Public Good
(1)    Laws may be made for the sake of public good to regulate or control the exercise of fundamental rights specified in this Part.

(2)    If it is stated in the preamble of any Act that it has been made for any or all of the following purposes, such Act, as well as any rule, order or bye-laws made under such Act and having the force of law, shall be deemed to be a law made for the public good:
(a)    For the preservation or the security of Nepal; (b)    For the maintenance of law and order;
(c)    For the maintenance of friendly relations with foreign states;
(d)    For the maintenance of good relations among the people of different classes or professions or between the people of different areas;
(e)    For the maintenance of good conduct, health, comfort, economic interest, decency or morality of the people in general;
(f)    For the protection of the interest of minors or women;
(g)    For the prevention of internal disturbance or external invasion;
(h)    For the prevention of contempt of court or contempt of the National Panchayat; and
(i)    For the prevention of any attempt to subvert this Constitution or any other law for the time being in force or for the prevention of any other attempt of like nature.

PART 4*
DIRECTIVE PRINCIPLES OF PANCHAYAT SYSTEM

18.    Application of the Principles
The principles laid down in this Part are for general guidance and they shall not be
enforceable by any court.

19.    Aims and Objectives

1    The aim of the Panchayat System shall be to promote the welfare of the
people by setting up a society which is democratic, just, dynamic and free from exploitation by bringing about harmony in the interests of different classes and professions from a comprehensive national outlook.
2    The political objective of the Panchayat System shall be to mobilize, to the maximum possible extent and on a voluntary basis, the national genius and resources for the setting up of a society as envisaged by clause (1) by associating, through gradual decentralization, the maximum number of representatives of the people at all levels of the administration and by making the general public vigilant and conscious.
3    The economic objective of the Panchayat System shall be to establish a system that will provide maximum participation of the general public in the economic uplift of the country as well as to encourage private enterprise, and wherein no individual or class is able to exercise undue economic pressure upon another individual or class.
4    The social objective of the Panchayat System shall be to establish a social life, harmonious and based upon morality, by eliminating the obstacles in the process of mobilizing the general public for setting up a society as envisaged by clause (1).

* Amended by the First Amendment of the Constitution.

 



 

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