fundamental rights

 What are fundamental rights and duties? Describe them based on epal constitution 2015.

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Model Ans:

The Constitution of Nepal (2015) provides a comprehensive framework of fundamental rights and duties, ensuring the democratic, social, and economic rights of its citizens while emphasizing responsibilities to the state and society.

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Fundamental Rights in Nepal

Fundamental rights are enshrined in Part 3 of the Constitution of Nepal (Articles 16–46). They are essential for the well-being of citizens and for ensuring justice, equality, and liberty. Key rights include:

1. Right to Live with Dignity (Article 16):

   • Every person has the right to live with dignity and not be subjected to cruel, inhumane, or degrading treatment.

2. Right to Freedom (Article 17):

   • Citizens have the freedom of opinion, expression, assembly, association, movement, and occupation, with reasonable restrictions to maintain law and order.

3. Right to Equality (Article 18):

   • All citizens are equal before the law and entitled to equal protection of the law. Discrimination on grounds of origin, religion, caste, gender, or economic status is prohibited.

4. Right to Education, Health, and Employment:

   • Education (Article 31): Right to free basic and secondary education.
   • Health (Article 35): Right to free basic health services.
   • Employment (Article 33): Right to employment and unemployment allowances.

5. Right to Social Justice (Article 42):

   • Women, Dalits, Madhesis, Janajatis, and other disadvantaged communities have the right to participate in state mechanisms.

6. Right to Constitutional Remedy (Article 46):

   • Ensures the right to seek remedies for the enforcement of fundamental rights.

Additional rights include:

• Right to property, privacy, information, and clean environment.
• Rights specific to marginalized groups like women, children, and Dalits.

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Fundamental Duties in Nepal

Fundamental duties are outlined in Article 48 of the Constitution of Nepal (2015). These duties complement fundamental rights, emphasizing responsibilities towards the nation and society. Citizens are expected to:

1. Uphold National Integrity:

   • Abide by the constitution and laws.
   • Respect national unity and diversity.

2. Participate in National Development:

   • Work towards building a prosperous and self-reliant Nepal.

3. Protect Public and State Property:

   • Ensure public assets and the environment are preserved for future generations.

4. Respect Democratic Principles:

   • Exercise rights responsibly, ensuring they do not infringe on others’ rights.

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Interrelationship between Rights and Duties

• Rights empower individuals to live freely, ensuring equality and justice, while duties require them to act responsibly toward the nation and society.
• For example, the right to a clean environment (Article 30) requires citizens to fulfill their duty of not polluting the environment (Article 48).

Nepal’s constitution emphasizes that the harmonious balance between rights and duties is essential for democracy, equality, and sustainable development​

Constitution vs Constitutionalism

Constitution vs Constitutionalism

A constitution is the fundamental legal framework that establishes the structure, functions, and limits of a government. It defines the governmental organization, the relationship between the state and its citizens, and the rights and freedoms of individuals. Constitutionalism, on the other hand, refers to the practice of governance that emphasizes limited government, the rule of law, and the protection of individual rights, all within the bounds of the constitution.

Key Differences:

The constitution can be written or unwritten. A written constitution is a single, formal document that outlines a country’s legal framework, such as the Constitution of the United States. An unwritten constitution, on the other hand, is based on historical documents, traditions, conventions, and judicial decisions, like the constitution of the United Kingdom.

While a constitution serves as a foundational legal document, constitutionalism is the philosophy or practice that emerges from the constitution. It guides how government should operate and ensures that power is exercised in a manner that is both lawful and accountable to the people.

Key Features of a Constitution:

Some of the key features found in most constitutions include:

• Separation of Powers: Dividing the government into distinct branches—executive, legislature, and judiciary—to prevent the concentration of power.
• Fundamental Rights: Guarantees that protect individual freedoms and prevent arbitrary government action.
• Rule of Law: Ensures that all individuals, including government officials, are subject to the law.
• Amendment Process: Procedures that allow for the constitution to be updated as society evolves, reflecting changes in governance or values.

These principles not only define the structure of governance but also act as checks on governmental power. Constitutionalism emphasizes how these principles are applied in practice, ensuring that political leaders remain within the limits set by the constitution.

Evolution of the Constitution and Constitutionalism:

Historically, the constitution has evolved in response to social changes, revolutions, and shifts in governance. It marks a transition from monarchy to democracy, outlining the limits of government power and the rights of citizens.

Similarly, constitutionalism has emerged as a response to monarchies and authoritarian regimes. Its primary focus has been on ensuring the separation of powers, the protection of individual rights, and the accountability of government. Constitutionalism aims to create a system where the government is bound by law and accountable to the people.

Relevance in the Nepali Context:

Nepal has undergone significant constitutional evolution, having experienced six different constitutions from 1948 to the present. The most recent, the Constitution of Nepal 2015, was promulgated after years of deliberation and has been a major milestone in Nepal’s democratic development. The current constitution embodies the principles of constitutionalism through its articles, ensuring that governance is transparent, accountable, and democratic.

Several articles in the Constitution of Nepal reflect the core principles of constitutionalism:

• Article 1: Declares Nepal as a sovereign, secular, inclusive, democratic, and republican state, establishing the foundation for constitutionalism by affirming the sovereignty of the people.

• Article 2: Defines the territory of Nepal, outlining the geographical boundaries and the state’s authority, which upholds national sovereignty and the rule of law.

• Article 18: Guarantees equality before the law and prohibits discrimination based on religion, race, caste, sex, or any other status, reinforcing the core principle of constitutionalism by ensuring justice for all citizens.

• Article 25: Protects personal freedoms, including the right to movement, privacy, and peaceful assembly, ensuring the government’s power is limited and citizens' freedoms are safeguarded.

• Article 56: Defines Nepal’s parliamentary structure and ensures the separation of powers between the executive, legislature, and judiciary, preventing any branch of government from becoming too powerful and safeguarding the democratic process.

• Article 118: Grants the Parliament the authority to make laws, ensuring that laws are created by elected representatives, thus supporting democratic governance and popular sovereignty.

• Article 126: Provides for judicial review, allowing the judiciary to review the constitutionality of laws and government actions, ensuring that they comply with the constitution and protecting the rights of citizens.

• Article 138: Defines the electoral system, ensuring the democratic election of members to the federal parliament and provincial assemblies, reinforcing constitutional principles by ensuring that governance remains accountable to the people.

Conclusion:

Overall, the Constitution of Nepal reflects the principles of constitutionalism by establishing a framework that promotes democracy, the rule of law, and the protection of fundamental rights. Through its key articles, the constitution limits governmental power, ensures accountability, and safeguards individual freedoms, thus fostering a system of governance where leaders are bound by law and accountable to the people. This adherence to constitutionalism ensures that Nepal remains a democratic and just society.

State - Province Relations [Nepal]

Schedules 5, 6, 7, 8, and 9 list the powers and responsibilities allocated to each level:

Schedule 5: Federal Powers

Schedule 6: Provincial Powers

Schedule 7: Concurrent Powers (shared by both federal and provincial governments)

Schedule 8: Local Powers

Schedule 9: Concurrent Powers (shared by federal, provincial, and local governments)

##Provisions:

A. - Inter Provincial~

Article 234:

There shall be an Inter-Provincial Council to settle disputes of political nature between the Federation and Province and among the Provinces, consisting of a Chairperson and members as follows:

Prime Minister -Chairperson

Home Minister of Government of Nepal -Member

Finance Minister of Government of Nepal -Member

Chief Ministers of respective Provinces -Member

235. Coordination among the Federation, Provinces and local Levels

1. The Federal Parliament shall formulate necessary laws to maintain coordination between the Federation, Provinces and local levels.

2. The Provincial Assembly shall coordinate with District Coordination Committee to establish coordination between the Province and Village Council or Municipality and to settle disputes, if any, of political nature.

3. The method and procedure of settling disputes pursuant to Clause (2) shall be as provided for in the Provincial law.

236. Interprovincial Trade

No obstruction of any kind or levying of taxes or discrimination shall be made in the export and import of goods or services from one Province or local level to another Province or local level and in the transportation of any goods or services through the territory of any province or local level to another province or local level of Nepal.

B - National Resources and Fiscal Commission

251

1. The functions, duties and powers of the National Natural Resources and Fiscal Commission shall be as follows:

a. Determine extensive grounds and measures, regarding the distribution of revenue from the federal consolidated fund to the federal, provincial and local level governments according to the constitution and law,

b. Making recommendations, according to law, on distribution of the equalization grants to provincial and local governments from the federal consolidated fund,

c. Conducting research and studies with regard to making a basis for distribution of conditional grants to provincial and local governments in compliance with national policy and program and standards, and the state of infrastructure there.

d. Determine extensive grounds and measures regarding the distribution of revenue between provincial and local governments from the provincial consolidated fund.

e. Making recommendations regarding the measures of reforms on responsibilities of expenditures and revenue generation for the federal, provincial and local governments.

f. Making recommendations about the internal loans the federal, provincial and local governments may take, by analyzing the macroeconomic indices.

g. Reviewing the bases of revenue distribution between the federal and provincial governments, and making recommendations for reform.

h. Determine base for computing the share of investment and return for federal, provincial and local government while exploiting natural resources, and make necessary recommendations.

i. Making recommendations about coordination and mitigation of disputes likely to arise regarding distribution of natural resources between the federation and province, between the provinces, between a province and local level entity, or between local level entities.

C - Fiscal Federalism: Revenue Sharing, grants and loans, provincial revenue:

60. Distribution of sources of revenue

1. The federation, province and the local level entity shall impose tax on subjects within their fiscal jurisdiction and collect revenue from such sources. Provided that with regard to the source that are not included in the concurrent/shared list or in any list at any level, it shall be as determined by the Government of Nepal.
2. The Government of Nepal shall make necessary arrangements to equitably distribute the revenue generated by it from its sources, between the federation, province and the local level entities.
3. The amount of the fiscal transfer, the province and the local level entities are to receive shall be as recommended by the National Natural Resources and Fiscal Commission.
4. The Government of Nepal shall distribute fiscal equalization grants to province and local level entity on the basis of their need for expenditure, their capacity in generating revenue and the efforts made by them.
5. The province shall distribute fiscal equalization grants received from the Government of Nepal and the revenue generated from its sources, to the local level entities under it on the basis of need for their expenditures and their capacity to generate revenue, in accordance with provincial law.
6. The Government of Nepal shall make arrangements regarding conditional grants to be provided through the Federal Consolidated Fund, complementary grants, or the special grants for other purposes.
7. The distribution of revenue between the federal, provincial and the local level entity shall be transparent.
8. While enacting the Federal Act regarding revenue distribution, the matters that need to be included are: national policy, national needs, the autonomy of provinces and local level entities, the service delivery of the provinces and local level entities and the fiscal rights given to them; their capacity to generate revenue; feasibility and use of revenues; their contribution to development works; regional imbalance; poverty and inequality; exclusion, emergency works and the support of meet temporary needs.

D - Provincial Participation

175. Provincial Legislature

There shall be a unicameral legislature in a province which shall be called the Provincial Assembly.

62. Election of the President

An electoral college, consisting of voting members of the Federal Parliament and the members of Provincial Assembly, shall elect the President. It shall be done as provided for in law with the difference of weightage in voting of the members of the Federal Parliament and the members of Provincial Assembly.

Constitution of Nepal

The Constitution has 35 parts:

1. Preliminary 1-9
2. Citizenship 10-15
3. Fundamental Rights and Duties 16-48
4. Directive Principles, Policies, and Responsibilities of the State 49-55
5. Structure of State and Distribution of State Power 56
6. President and Vice-president 61
7. Federal Executive 74
8. Federal Legislature 83
9. Federal Legislative Procedure 109
10. Federal Financial Procedures 115
11. Judiciary 126
12. Attorney General 157
13. Provincial Executive 162
14. Provincial Legislature 175
15. Provincial Legislative Procedure 197
16. Financial Procedures of Province 203
17. Local Executive 214
18. Local Legislature 221
19. Local Financial Procedure 228
20. Interrelationship between the Federation, Provinces and Local Levels 231
21. Commission for the Investigation of Abuse of Authority 238
22. Auditor General 240
23. Public Service Commission 242
24. Election Commission 245
25. National Human Rights Commission 248
26. National Natural Resources and Fiscal Commission 250
27. Other Commissions 252
28. Provision regarding National Security 266
29. Provision relating to Political Parties 269
30. Emergency Power 273
31. Amendment of the Constitution 274
32. Miscellaneous 275
33. Transitional Provisions 295
34. Definitions and Interpretations 306
35. Short title, Commencement and Repeal 307

The Constitution has 9 schedules:

1. Nepali National Flag
2. National Anthem of Nepal
3. Coat of Arms of Nepal
4. Provinces and Districts within provinces
5. List of Federal Powers/Jurisdiction - 35
6. List of Provincial Powers/Jurisdiction - 21
7. List of Concurrent (federal and provincial) powers/jurisdiction - 25
8. List of Powers/Jurisdiction for Local Level - 22
9. List of Concurrent Powers/Jurisdiction for Federation, Province and Local Level - 15

Writs: Types

Article 133 and144 in Constitution of Nepal:

133. Jurisdiction of the Supreme Court

1. Any Nepali citizen may file a petition in the Supreme Court to have any law or any part thereof declared void on the ground of inconsistency with this Constitution because it imposes an unreasonable restriction on the enjoyment of the fundamental rights conferred by this Constitution or on any other ground, or any law formulated by the Provincial Assembly is inconsistent with the law formulated by Federal Parliament or any law formulated by Municipal Assembly or Village Assembly is inconsistent with the law formulated by Federal Parliament or Provincial Assembly, and extra-ordinary power shall rest with the Supreme Court to declare that law void either ab initio or from the date of its decision if it appears that the law in question is inconsistent.

2. The Supreme Court shall, for the enforcement of the fundamental rights conferred by this Constitution, for the enforcement of any other legal right for which no other remedy has been provided or for which the remedy even though provided appears to be inadequate or ineffective, or for the settlement of any constitutional or legal question involved in any dispute of public interest or concern, have the extraordinary power to issue necessary and appropriate orders to enforce such rights or settle the dispute.

3. For this purpose, the Supreme Court may, with a view to imparting full justice and providing the appropriate remedy, issue appropriate orders and writs including the writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto.

Provided that, except on the ground of absence of jurisdiction, the Supreme Court shall not, under this Clause, interfere with the internal affairs of the Federal Parliament and, the proceedings and decisions of the Federal Parliament concerning violation of its privileges and any penalties imposed thereof.

4. The Supreme Court shall have jurisdiction to hear original and appellate cases, to review its own judgments or interim order, to examine decision referred for confirmation, review cases or hear petitions. Such review shall be done by judge other than the one involved in original verdict.

5. The Supreme Court shall hear appeal of cases that have been initiated and executed by the High Court, a subject of public interest litigation including a question related to the interpretation of the constitution and law or a case referred by the High Court along with its opinion that it would be appropriate for the Supreme Court to decide on it.

6. Other rights and procedural of the Supreme Court shall be as per the Federal law

144. Jurisdiction of the High Court

1. The High Court shall, for the enforcement of the fundamental rights conferred by this Constitution, for the enforcement of any other legal right for which no other remedy has been provided or for which the remedy even though provided appears to be inadequate or ineffective, or for the settlement of any legal question involved in any dispute of public interest or concern, have the right to issue necessary and appropriate orders in the name of governments, office-bearers, institutions or individuals within its provincial jurisdiction.

2. For the purpose of Clause (1), the High Court may issue appropriate orders and writs including the writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto.

Provided that except on the ground of absence of jurisdiction, the High Court shall not, under this Clause, interfere with the internal task and the proceedings and decision of the Provincial Assembly concerning violation of its privileges and any penalties imposed thereof.

3. The High Court shall have jurisdiction to hear original and appellate cases and to examine decisions referred for confirmation, as provided for in law.

4. Other powers and working procedures of the High Court shall be according to the Federal law.

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Habeas Corpus: Ensures against illegal detention and secures release if someone is unlawfully confined.

Mandamus "We command": Orders a public official or government body to perform a legal duty they've neglected.

Certiorari "to be informed": Brings the record of a case from a lower court to a higher court for review to check for errors.

Prohibition "To forbid": Stops a government body or official from taking an action deemed illegal or exceeding their jurisdiction.

Quo Warranto "by what authoroty": Challenges a person's right to hold a public office.

Constituent Assembly of Nepal

The first Nepalese Constituent Assembly:

* unicameral body of 601 members 

* served from May 28, 2008, to May 28, 2012

* formed as a result of the first Constituent Assembly election held on April 10, 2008

* tasked with writing a new constitution, and acting as the interim legislature for a term of two years.

* 240 members were elected in single-seat constituencies, 

**335 were elected through proportional representation, 

**remaining 26 seats were reserved for nominated members.

next Nepalese Constituent Assembly elections initially slated for November 22, 2012 were held a year later on November 19, 2013, after being postponed several times.

The Second Constituent Assembly of Nepal,

* later converted to the Legislature Parliament, 

* unicameral legislature of Nepal. 

* was elected in the 2013 Constituent Assembly elections after the failure of the first Constituent Assembly to promulgate a new constitution. 

* converted into a legislative parliament after the constitution was promulgated in 2015. 

* legislature parliament's term ended on 14 October 2017.

1st Federal Parliament: 4 March 2018 – 18 September 2022

2nd Federal Parliament:  9 January 2023 –

POLITY: Constitutional Commissions of Nepal

Public Service Commission:

The provisions regarding the Public Service Commission (PSC) are outlined in Part 23 of the Constitution of Nepal (2072) [Constitution of Nepal 2072, Part 23].

* Establishment: Article 242(1) mandates the existence of a Public Service Commission for Nepal.

* Composition: The commission consists of a Chairperson and four other Members (Article 242).

* Appointment Process: The President appoints the Chairperson and Members based on the recommendation of the Constitutional Council (Article 242).

Experience Requirement: At least half (50%) of the members must have prior government service experience of 20 or more years (Article 242).

* Other Members: The remaining members are chosen from individuals with a reputation for providing expert advice or recommendations based on research (Article 242).

* Duties of PSC (Article 243)

* Provision of Provincial Service Commission (Article 244)

Election Commission:

* The Constitution of Nepal (2072) establishes the Election Commission as a crucial body for the country's democracy. Here's a breakdown of its key provisions outlined in Articles 245 to 247  [Constitution of Nepal 2072, Part 24].

* Election Management: The Commission has the primary responsibility to conduct, supervise, direct, and control elections for various positions (Article 245). 

* Voter List Management: The Commission is responsible for preparing and maintaining voter lists for elections (Article 245).

* Referendums: The Commission also conducts referendums on matters of national importance as defined by the Constitution and federal laws (Article 245).

* Independence: The Constitution implies the Commission's independence by not placing it under any specific government ministry.

* Other laws, the Election Commission Act 2073 (2017), governs these aspects [Election Commission Act 2073 (2017)].

Human Rights Commission:

Article 248 to 249 [Constitution of Nepal 2072, Part 25]

* The NHRC consists of a Chairperson and four full-time members (Article 248).

The President appoints the Chairperson and members based on the recommendation of the Constitutional Council (Article 248). This council ensures a transparent and balanced selection process.

Qualifications:

Functions and Duties:

The Constitution outlines some core functions of the NHRC (Article 249):

• Investigating complaints of human rights violations.
• Recommending compensation to victims.
• Taking legal action against human rights violators.
• Promoting human rights awareness.
• Monitoring government's human rights performance.
• Independence and Accountability:

National Natural Resources and Fiscal Commission:

Article 250 to 251 [Constitution of Nepal 2072, Part 26]

* Article 250 of the Constitution mandates the formation of the NNRFC.

* Resource Distribution: The Commission plays a critical role in recommending the distribution of revenue and natural resources among the federal, provincial, and local levels of government (Article 250). This ensures all levels have the resources they need to function effectively.

* Fiscal Equalization: The NNRFC recommends fiscal equalization grants from the federal consolidated fund (Article 251). These grants are intended to bridge the gap between wealthier and poorer regions, promoting balanced development.

The NNRFC is not directly accountable to any specific government ministry, suggesting a degree of independence.

A separate law, the National Natural Resources and Fiscal Commission Act, 2074 (2017), elaborates on these aspects [National Natural Resources and Fiscal Commission Act, 2074 (2017)].

Other Commissions:

252. National Women Commission

255. National Dalit Commission

258. National Inclusion Commission

262. Madheshi Commission

263. Tharu Commission

264. Muslim Commission

MNEMONICS: CONSTITUTION OF NEPAL

ARE YOU STUDYING CONSTITUTION OF NEPAL? WE MAKE IT EASIER!

Hello  Everyone,

Are you aware of Constitution of Nepal?

If you are not, then this is for you. Even if you are, you will find some topic to master. In this post, we are trying to make you aware about the Constitution of Nepal in very concise way (not in elaborative process, however).

So let's begin.

The very first number you should remember while studying Nepalese Constitution of Nepal is 3 5 3 0 8 9. Why so? What's in the number? As we said earlier, this post is just to help you learn. You see, this number is very informative 353089. How?

Our constitution of Nepal has 35 parts, 308 articles and 9 schedules. So, you get it. Always, remember the number 353089, and you will never have the problem memorizing them. Speaking of another number, the other number we should remember is 2009-2015? Why is there another number? Well, it makes more sense.

Our constitution came into effect in Sept 20, 2015. To make it easier we can easily remember it as 2009-2015; the year is 2015, the day is 20, and the year is 09 (September). So, 2009-2015.

So, there are two important numbers for you.

·         353089

·         2009-2015 

       6-3-2072

And the last number for Ashoj 3, 2072: important nepali date.

We just emerged ourselves in the Constitution of Nepal and we just learned there are 35 parts in the constitution. We dive deep in the memorization of 35 parts. 35 seems a long list of numbers. But, visualize it as a class of students and you are the class teacher—all 35 parts are your students. Yes, technical folks, you read it right. You are now a class teacher. There are 35 students in your class. And the roll number and the students' names are as follows:

Roll 1 to 5: your talented learners. You have to know their names by heart.

Memorize them:

1 is Preliminary,

2 is Citizenship

3 is Fundamental rights and duties

4 is Directive Principles, Policies and Obligations of the State

5 is Structure of State and Distribution of State Power

Here is the better story in Nepali:  पहिला मा पहिला, दोस्रोमा बनाउँछु नागरिकता, तेस्रोमा मौलिक अधिकार र कर्तब्य बुझ्छु, चौथोमा राज्यको सिद्धान्त र पाँचौँमा जान्नेछु राज्यको संरचना बाँड्फाँड ।

Yes, you are the teacher.

And roll no. 6 is very shy but has girlfriend. So Roll no 6 is President and his girl friend is Vice-President.

Then, Roll 7 to Roll 10 is Federal Club, the gang members are E, L, Lp, Fp. Make sure you memorize it as E, L, Lp, Fp in that order.

Their names are Federal Executive, Federal Legislature, Federal Legislative Procedures, Financial Procedures. Remember them as F gang, 7 to 10. F gang is respected by S and L gang, which we will come later.

Roll 11 and Roll 12 are twins. They are helpful and are disciplined, and they have both been made class monitors. They are Judiciary and Attorney General.

Roll 13 to 16 is S gang, similar to F gang, S gang also has the similar names as F gang but as State as their surname: State Executive, State Legislature, State Legislative Procedures, State Financial Procedures,

Then the L gang: E L and Fp in Roll 17, 18 and 19 as Local Executive, Local Legislature and Local Financial Procedures.

So, to repeat again:

Roll 6 – a shy student. His name President and has girl friend Vice President.

Roll 7 to 10: F gang ~ Federal Gang

Roll 11 and 12: Class Monitors: Judiciary and Attorney General

Roll 13 to 16: S gang ~ State Gang

Roll 17, 18, 19: L gang ~ Local Gang

And do you know your student roll 20? An interesting fellow as he is member of all F, S and L gang. He is interrelated to all the 3 gangs F, L and S. Roll 20 sure is interesting fellow.

Now, roll 21 to 27: The group of investigators and researchers. They are the Group of Commissions (21 to 27).

21 hates abuses and investigates such abuse.

22 audits and works on finance,

23 works on public service,

24 supports on election,

25 think more on human rights,

26 work on natural resources and fiscal commission.

27 work on other topics.

Roll 28, 29 and 30 gambles a lot. Remember them as the Gamblers as they work only on special/extreme conditions. They provide provisions to National Security, Political Parties and Emergency Power.

Roll 31 – 35 belong to very different but gifted students:

Roll 31 edits/amends,

Roll 32 is miscellaneous.

Roll 33 has transitional provisions.

Roll 34 defines, interprets.

Roll 35 has short title and knows about the previous student groups.

After, going through this post, try visiting lawcommission.gov.np for constitution-of-nepal for studying them and try visualizing them as your students (all your 35 students).

For now, we only shared these.

We will further explore and continue our study of Constitution of Nepal. Any comments of yours are welcomed.

 

 

Understanding Constitution Of Nepal & Roles of Different Levels of Government in Agriculture

Understanding Constitution Of Nepal & Roles of Different Levels of Government in Agriculture

...कृषि विभागको पुनर्सँरचना भइ महानिर्देशक र चार उपमहानिर्देशकको अलावा एघार शाखाहरु कायम गरिएको छ ।त्यसै गरि विभाग मातहत  छ वटा केन्द्रिय निकायहरु र अन्तर्गतका १४ वटा फार्म, केन्द्रहरु रहेका छन् । यस पुनर्सँरचना संगै विभागको विगतको भूमिकामा समेत परिवर्तन आएको छ ।

 

Part-3 Fundamental Rights and Duties(A 16 to A 48)

Article 36: Rights for Food

Article 25: Right Relating to Property

Article 42: Right to Social Justice

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Schedule 5: Federal 

• International trade, exchange, port, quarantine
• Policies relating to conservation and multiple uses of water resources
• Land use policies, human settlement development policies, tourism policies, environment adaptation

Schedule 6: Province

• House and land registration fee, motor vehicle tax, entertainment tax, advertisement tax, tourism, agro-income tax, service charge, fee, penalty

• State statistics
• State universities, higher education, libraries, museums
• Management of lands, land records
• Use of forests and waters and management of environment within the State

• Agriculture and livestock development, factories, industrialization, trade, business, transportation

Schedule 7  Concurrent Powers of Federation and State

• Contracts, cooperatives, partnership and agency related matters
• Drugs and pesticides
• Scientific  research,  science  and  technology  and  human  resources development

Schedule 8: 

Local Level Power

• Local   market   management,environment   protection   and   bio-diversity
• Local roads, rural roads, agro-roads, irrigation
• Agriculture  and  animal  husbandry,  agro-products  management, animal health, cooperatives animal health, cooperatives

Schedule 9 

Concurrent Power of Federation, State and Local level

• Agriculture
• Forests, wildlife, birds, water uses, environment, ecology and bio-diversity

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Governance System in Nepal

Paper II, Sec: A 1.5
The preamble of Constitution of Nepal, 2015, which came into effect from September 20. 2015, has clearly mentioned governance system in Nepal to be federal, democratic, republican, system of governance. Article 4 defines Nepal as an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican state. To understand the current governance system in Nepal. features of Constitution of Nepal should be studied. The country Nepal has now been restructured into a federal republic dividing the country into 7 provinces (Schedule 4). The country has now become an republican country and now into federal system of government. The federal system works in three levels: Federation, State and Local level (Schedule 5, 6, 7, 8 and 9 lists the powers of federal, state and local levels). Bicameral parliamentary system with two federal houses has been created. In each province unicameral parliament system has been created. Different parts of the Constitution of Nepal should be thoroughly studied as a learner to comprehend the topic.

Administrative Division            Earlier Now 

Development Region            5        - 

Province                                 -       7 

Zone                                      14      - 

District                                  75     77

Metropolitan City                  1       6 

   Sub-Metropolitan City          12     11 

    Municipality                          217     276 

      VDC / Rural Municipality  3,157   460 

Important resources have been searched and listed for better understanding of the topic. All the listed resources overviews the process of the current governance system in Nepal.

• Good governance: New hopes (Published: November 24, 2017)
• Local Levels in Federalism: Constitutional Provisions and the State of Implementation (July 2018)
• नेपालको संविधान-२०७२ का १६ विशेषता (अनलाइनखबर २०७२ असोज ३ गते १७:१२ मा प्रकाशित)
• Governance Assessment (Summary) Nepal ~ ADB
• Diagnostic Study of Local Governance in Federal Nepal 2017
• A GUIDE TO GOVERNMENT IN NEPAL Structures, Functions, and Practices
• The New Federal Structure in Nepal: Challenges and Opportunities for Quality Governance (23 April 2019)

Acts to be studied:

• Local Government Operation Act 2074 (link)
• Good Governance (Management and Operation) Act, 2064 (2008) (link)

The Constitution of Nepal 2015 (नेपालको संविधान: २०७२)

- came into effect on Sept 20, 2015
- divided into 35 parts, 308 Articles and 9 Schedules
- Nepal's 7th Constitution, 1st to be endorsed by People's Representatives (2072 Bhadra 30 by 2/3rd     majority)

निर्माण मिति	२०७२ असोज १ गते
पारित मिति	२०७२ असोज ३ गते
पाइने ठाउँ	नेपाल कानुन किताव व्यवस्था समिति
लेखक(हरू)	संविधानसभाका सदस्य
उद्देश्य	नेपालको अन्तरिम संविधान २०६३ लाई प्रतिस्थापन गर्न

1st 5 parts:
1. Preliminary (part 1)
2. Citizenship (Part 2)
3. Fundamental Rights and Duties (Part 3)
4. Directive Principles, Policies and Responsibilities of the State (Part 4)
5. Restructuring of the State and distribution of State power (Part 5)

भाग–१ प्रारम्भिक

(१) संविधान मूल कानुन
(२ )सर्वभौमसत्ता र राज्यकीयसत्ता
(३) राष्ट्र
(४) नेपाल राज्य
(५) राष्ट्रीय हित
(६) राष्ट्र भाषा
(७) सरकारी कामकाजको भाषा
(८) राष्ट्रीय झण्डा
(९) राष्ट्रीय गान इत्यादि

भाग–२ नागरिकता

(१०) नागरिकताबाट बञ्चित नगरिने
(११) नेपाली नागरिक ठहर्ने
(१२) वंशीय आधार तथा लैङ्गिक पहिचान सहितको नागरिकता
(१३) नागरिकता प्राप्ति, पुनः प्राप्ति र समाप्ति
(१४) गैर आवासिय नागरिकता प्राप्त गर्न सकिने
(१५) नेपाली नागरिकता सम्बन्धि अन्य व्यवस्था

भाग-३ मौलिक हक र कर्तव्य

(१६) सम्मानपुर्वक वाच्न पाउने हक
(१७) स्वतन्त्रताको हक
(१८) समानताको हक
(१९) सञ्चारको हक
(२०) न्याय सम्बन्धी हक
(२१) अपराध पीडितको हक
(२२) यातना विरूद्धको हक
(२३) निवारक नजरबन्द विरूद्धको हक
(२४) छुवाछुत र भेदभाव विरूद्धको हक
(२५) सम्पत्तिको हक
(२६) धार्मिक स्वतन्त्राको हक
(२७) सूचनाको हक
(२८) गोपनीयताको हक
(२९) शोषण विरूद्धको हक
(३०) स्वच्छ वातावरणको हक
(३१) शिक्षा सम्बन्धी हक
(३२) भाषा र संस्कृतिको हक
(३३) रोजगारको हक
(३४) श्रमको हक
(३५) स्वास्थ्य सम्बन्धी हक
(३६) खाद्य सम्बन्धी हक
(३७) आवासको हक
(३८) महिलाको हक
(३९) बालबालिकाको हक (४०) दलितको हक
(४१) ज्येष्ठ नागरिकको हक
(४२ )सामाजिक न्यायको हक
(४३) सामाजिक सुरक्षाको हक
(४४) उपभोक्ताको हक
(४५) देश निकाला विरुद्धको हक
(४६) संबैधानिक उपचारको हक
(४७) मौलिक हकको कार्यन्यायन
(४८) नागरिकका कर्तब्य

भाग–४ राज्यका निर्देशक सिद्धान्त, नीति तथा दायित्व

(५०) निर्देशक सिद्धान्त
(५१) राज्यका नीतिहरू
(५२) राज्यको दायित्व
(५३) प्रतिवेदन पेश गर्ने
(५४) अनुगमन सम्बन्धी व्यवस्था
(५५) अदालतमा प्रश्न उठाउन नसकिने

भाग–५ राज्यको संरचना र राज्य शक्तिको बाँडफाँड

(५६) राज्यको संरचना

(५७) राज्य शक्तिको बाँडफाँड

(५८) अविशिष्ट अधिकार

(५९) आर्थिक अधिकारको प्रयोग

(६०) राजश्व स्रोतको बाँडफाँड

The Constitution has 9 schedules as follows:

1. Nepali National Flag (Schedule 1)

2. National Anthem of Nepal (Schedule 2)

3. Coat of Arms of Nepal (Schedule 3)

4. Provinces and Districts within provinces (Schedule 4)

5. List of Federal Powers/Jurisdiction (Schedule 5)

6. List of Provincial Powers/Jurisdiction (Schedule 6)

7. List of Concurrent (federal and provincial) powers/jurisdiction (Schedule 7)

8. List of Powers/Jurisdiction for Local Level (Schedule 8)

9. List of Concurrent Powers/Jurisdiction for Federation, Province and Local Level (Schedule 9)

Emphasis on agriculture development in Nepal is on

Article 51 (e) Policies relating to agriculture and land reforms:

(1) to make scientific land reforms having regard to the interests of the
farmers, while ending the dual ownership existing in the lands,

(2) to enhance product and productivity by carrying out land pooling,
while discouraging inactive land ownership,

(3) to make land management and commercialization, industrialization,
diversification and modernization of agriculture, by pursuing landuse
policies to enhance agriculture product and productivity, while
protecting and promoting the rights and interests of the farmers,

(4) to make proper use of lands, while regulating and managing lands on
the basis of, inter alia, productivity, nature of lands and ecological
balance,

(5) to provide for the farmers’ access to agricultural inputs, agroproducts
at fair price and market.

पूरा पाठका लागि:

* http://www.lawcommission.gov.np/en/archives/category/documents/prevailing-law/constitution/constitution-of-nepal

* http://www.lawcommission.gov.np/np/archives/category/documents/prevailing-law/constitution/constitution-of-nepal

* https://www.nfdn.org.np/constitutional-provision/features-of-constitution.html