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Sunday, 15 December 2013 18:55
Article Index
The Constitution of Nepal 1990
The Constitution of Nepal 1990
The Constitution of Nepal 1990: Part-I
The Constitution of Nepal 1990: Part-II
The Constitution of Nepal 1990: Part-III
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The Constitution of Nepal 1990

Preamble

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 country in consonance with the popular will;

And Whereas, in keeping with the desire of the Nepalese people expressed through the recent people's movement to bring about constitutional changes, we are further inspired by the objective of securing to the Nepalese people social, political and economic justice long into the future;

And Whereas, it is expedient to promulgate and enforce this Constitution, made with the widest possible participation of the Nepalese people, to guarantee basic human rights to every citizen of Nepal; and also to consolidate Adult Franchise, the Parliamentary System of Government, Constitutional Monarchy and the System of Multi Party Democracy by promoting amongst the people of Nepal the spirit of fraternity and the bond of unity on the basis of liberty and equality; and also to establish an independent and competent system of justice with a view to transforming the concept of the Rule of Law into a living reality:

Now, Therefore, keeping in view the desire of the people that the State authority and sovereign powers shall, after the commencement of this Constitution, be exercised in accordance with the

provisions of this Constitution, I, King Birendra Bir Bikram Shah Deva, by virtue of the State authority as exercised by Us, do hereby promulgate and enforce this Constitution of the Kingdom of Nepal on the recommendation and advice, and with the consent of the Council of Ministers.


Part 1 Preliminary

Article 1 Constitution as the Fundamental Law

(1) This Constitution is the fundamental law of Nepal and all laws inconsistent with it shall, to the extent of such inconsistency, be void.

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

Article 2 The Nation

Having common aspirations and united by a bond of allegiance to national independence and integrity of Nepal, the Nepalese people irrespective of religion, race, caste or tribe, collectively constitute the nation.

Article 3 The Sovereignty

The sovereignty of Nepal is vested in the Nepalese people and shall be exercised in accordance with the provisions of this Constitution.

Article 4 The Kingdom

(1) Nepal is a multiethnic, multilingual, democratic, independent, indivisible, sovereign, Hindu and Constitutional Monarchical Kingdom.

(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.

Article 5 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 Schedule 1.

Article 6 Language of the Nation

(1) The Nepali language in the Devanagari script is the language of the nation of Nepal. The Nepali language shall be the official language.

(2) All the languages spoken as the mother tongue in the various parts of Nepal are the national languages of Nepal.

Article 7 National Anthem etc.

(1) The national anthem of Nepal shall be as provided in Schedule 2.

(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.

(3) The coat-of-arms of Nepal shall be as set forth in Schedule 3. The coat-of-arms may be enlarged or reduced as required, and such colour shall be used therein as specified by His Majesty's Government.

Part 2 Citizenship

Article 8 Citizenship at the commencement of the Constitution

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

(a) any person who is a citizen of Nepal by virtue of Article 7 of the Constitution of Nepal
(1962) or section 3 of the Nepal Citizenship Act, 1964.

(b) any person who has acquired naturalised citizenship of Nepal by virtue of section 6 of the Nepal Citizenship Act, 1964.

Article 9 Acquisition and Termination of Citizenship after the Commencement of the Constitution

(1) A person who is born after the commencement of this Constitution and whose father is a citizen of Nepal at the birth of the child shall be a citizen of Nepal by descent.

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

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

(4) After the commencement of this Constitution, the acquisition of citizenship of Nepal by a foreigner may be regulated by law which may, inter alia, require the fulfillment of the following conditions:

(a) that he can speak and write the language of the nation of Nepal; (b) that he is engaged in any occupation in Nepal;
(c) that he has renounced his citizenship of another country; and

(d) that he has resided in Nepal for at least fifteen years.

(5) Notwithstanding anything contained in clause (4), a woman of foreign nationality who has a matrimonial relationship with a Nepalese citizen and who has initiated proceedings for renunciation of her foreign citizenship, and any other person, who, has renounced the citizenship of Nepal had gone to a foreign country but who has renounced his foreign citizenship, may acquire the citizenship of Nepal.

(6) Notwithstanding anything contained in sub-clauses (b) and (d) of clause (4), the son or daughter or descendant of a citizen of Nepal and who has resided in Nepal for a period of at least two years may acquire the citizenship of Nepal on such terms and conditions as may be prescribed by law.

Provided that this clause shall not be applicable in the case of descendants of naturalized citizens.

(7) The termination of the citizenship of Nepal shall be as determined by law.

Article 10 Conferment of Honorary Citizenship

Notwithstanding anything contained in Article 9, honorary citizenship may be granted to an internationally renowned person.

Part 3 Fundamental Rights

Article 11 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 (dharma), race (varya), sex (li_ga), caste (jât), tribe (jâti) or ideological conviction (vaicârik) or any of these.

(3) The State shall not discriminate among citizens on grounds of religion, race, sex, caste, tribe, or ideological conviction or any of these. Provided that special provisions may be made by law for the protection and advancement of the interests of women, children, the aged or those who are physically or mentally incapacitated or those who belong to a class which is economically, socially or educationally backward.

(4) No person shall, on the basis of caste, be discriminated against as untouchable, be denied access to any public place, or be deprived of the use of public utilities. Any contravention of this provision
shall be punishable by law.

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

Article 12 Right to Freedom

(1) No person shall be deprived of his personal liberty save in accordance with law, and no law shall be made which provides for capital punishment.

(2) All citizens shall have the following freedoms: (a) freedom of opinion and expression;
(b) freedom to assemble peaceably and without arms; (c) freedom to form unions and associations;
(d) freedom to move throughout the Kingdom and reside in any part thereof; and
(e) freedom to practise 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 the Kingdom of Nepal, or which may jeopardize 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) 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 the Kingdom of Nepal;

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

(4) nothing in sub-clause (d) 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 or communities;

(5) nothing in sub-clause (e) 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 specified industries, businesses or services; or to impose any condition or qualification for carrying on any industry, trade, profession or occupation.

Article 13 Press and Publication Right

(1) No news item, article or any other reading material shall be censored. Provided that nothing shall prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, or which may jeopardize 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 against which may be contrary to decent public behaviour or morality.

(2) No press shall be closed or seized for printing any news item, article or other reading material.

(3) The registration of a newspaper or periodical shall not be canceled merely for publishing any news item, article or other reading material.

Article 14 Right Regarding Criminal Justice

(1) 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.

(2) No person shall be prosecuted or punished for the same offence in a court of law more than once. (3) No person accused of any offence shall be compelled to be a witness against himself.
(4) 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. Any person so treated shall be compensated in a manner as determined by law.

(5) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall be denied the right to consult and be defended by a legal practitioner of his choice.

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

(6) Every person who is arrested and detained in custody 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 person shall be detained in custody beyond the said period except on the order of such authority.

(7) Nothing in clauses (5) and (6) shall apply to a citizen of an enemy state, and nothing in clause (6) shall apply to any person who is arrested or detained under any law providing for preventive detention.

Article 15 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, integrity or law and order situation of the Kingdom of Nepal.

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

Article 16 Right to Information

Every citizen shall have the right to demand and receive information on any matter of public importance;

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

Article 17 Right to Property

(1) All citizens shall, subject to the existing laws, have the right to acquire, own, sell and otherwise dispose of, property.

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

(3) The basis of compensation and procedure for giving compensation for any property requisitioned, acquired or encumbered by the State for in the public interest, shall be as prescribed by law.

Article 18 Cultural and Educational Right

(1) Each community residing within the Kingdom of Nepal shall have the right to preserve and promote its language, script and culture.

(2) Each community shall have the right to operate schools up to the primary level in its own mother tongue for imparting education to its children.

Article 19 Right to Religion

(1) Every person shall have the freedom to profess and practise his own religion as handed down to him from ancient times having due regard to traditional practices; provided that no person shall be entitled to convert another person from one religion to another.

(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 trusts.

Article 20 Right against Exploitation

(1) Traffic in human beings, slavery, serfdom or forced labour in any form is prohibited. Any contravention of this provision shall be punishable by law; Provided that nothing herein shall be a bar to providing by law for compulsory service for public purposes.

(2) No minor shall be employed in work in any factory or mine, or be engaged in any other hazardous work.

Article 21 Right against Exile No citizen shall be exiled. Article 22 Right to Privacy Except as provided by law, the privacy of the person, house, property, document, correspondence or information of anyone is inviolable.

Article 23 Right to Constitutional Remedy

The right to proceed in the manner set forth in Article 88 for the enforcement of the rights conferred by this Part is guaranteed.

Part 4 Directive Principles and Policies of the State

Article 24 Application of Directive Principles and Policies

(1) The principles and policies contained in this Part shall not be enforceable in any court.

(2) The principles and policies contained in this part shall be fundamental to the activities and governance of the State and shall be implemented in stages through laws within the limits of the resources and the means available in the country.

Article 25 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 aspects of national life, including social, economic and political life, while at the same time protecting the lives, property and liberty of the people.

(2) 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 means and resources of the country from being concentrated within a limited section of society, by making arrangements for the equitable distribution of economic gains on the basis of social justice, by making such provisions as will prevent economic exploitation of any class or individual, and by giving preferential treatment and encouragement to national enterprises, both private and public .

(3) 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 various castes, tribes, religions, languages, races and communities.

(4) It shall be the chief responsibility of the State to maintain conditions suitable to the enjoyment of the fruits of democracy through wider participation of the people in the governance of the country and by way of decentralisation, and to promote general welfare by making provisions for the protection and promotion of human rights, by maintaining tranquillity and order in the society.

(5) The State, 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.

 



 

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