Constitution of Nepal 2015

The Constitution of Nepal 2015 is the current supreme law of Nepal, promulgated on September 20, 2015 (Ashwin 4, 2072 BS). It replaced the Interim Constitution of 2007 and marked a transformative moment in Nepal’s political history by formally establishing a federal democratic republic system after the abolition of the monarchy in 2008.

Historical Background

Nepal was a monarchy for centuries until the people’s movement (Jana Andolan II) in 2006 led to the end of the absolute monarchy.
The Comprehensive Peace Accord of 2006 ended the decade-long Maoist insurgency.
An Interim Constitution was adopted in 2007 to guide Nepal through a transitional period.
After prolonged political negotiations, debates, and controversies, the Constituent Assembly finally promulgated the new constitution in 2015.
The process was complex due to ethnic, linguistic, regional, and political differences among various groups in Nepal.

Preamble

The preamble of the Constitution reflects the aspirations of the Nepali people for democracy, justice, equality, freedom, peace, and prosperity. It emphasizes:

Commitment to a federal, democratic, inclusive, and sovereign republic.
Dedication to multiethnic, multilingual, and multicultural values.
The will of the people to establish social justice, human rights, and good governance.
The resolve to eradicate discrimination and oppression based on caste, ethnicity, language, and gender.

Fundamental Features of the Constitution

1. Federalism

Nepal is declared a Federal Democratic Republic divided into seven provinces.
Each province has its own provincial government with legislative, executive, and judicial branches.
This federal system aims to empower local communities and address regional disparities.
Provinces can formulate their own official languages and have some legislative autonomy.

2. Republic

The Constitution officially abolishes the monarchy.
Nepal is declared a secular state, which means no state religion.
The President is the ceremonial head of state, elected by an electoral college comprising members of the federal parliament and provincial assemblies.

3. Democracy and People’s Sovereignty

Nepal is a multi-party parliamentary democracy.
Sovereignty belongs to the people, exercised directly or through elected representatives.
Elections are to be held regularly and fairly at federal, provincial, and local levels.

4. Fundamental Rights and Duties

The Constitution guarantees 37 fundamental rights to its citizens.
These include the right to equality, freedom of expression, right to education, health, information, environment, and social justice.
Special provisions protect the rights of marginalized groups like women, indigenous peoples, Dalits, Madhesis, and disabled persons.
Fundamental duties include respect for the Constitution, protection of the environment, and promotion of harmony and social cohesion.

5. Inclusive Representation

The Constitution mandates proportional representation of marginalized communities in state mechanisms, political bodies, judiciary, and civil service.
It recognizes the multi-ethnic, multi-lingual, and multi-religious character of Nepal.
Women are guaranteed at least 33% representation in federal and provincial legislatures.

6. Separation of Powers

The Constitution divides the powers of the government among three independent branches:

Legislature: Bicameral Federal Parliament (House of Representatives and National Assembly).
Executive: President (head of state), Prime Minister (head of government), and Council of Ministers.
Judiciary: Independent courts headed by the Supreme Court.

7. Judiciary

The Supreme Court is the highest judicial authority.
It protects constitutional rights and ensures the rule of law.
Provincial and district courts administer justice at their respective levels.
Judicial appointments are made through a Judicial Council.

8. Constitutional Bodies

Several independent constitutional bodies are established to ensure accountability and transparency:

Election Commission
Public Service Commission
National Human Rights Commission
Commission for the Investigation of Abuse of Authority
Auditor General’s Office

Structure of the Government

Federal Level

President: Ceremonial head of state elected for a five-year term.
Prime Minister: Head of government; holds executive power, appointed by the President based on parliamentary majority.
Federal Parliament: Bicameral legislature.
House of Representatives (Pratinidhi Sabha): 275 members, elected by direct and proportional voting.
National Assembly (Rastriya Sabha): 59 members, elected by provincial assemblies and nominated by the President.

Provincial Level

Each of the 7 provinces has:

Governor: Appointed by the federal government as ceremonial head.
Chief Minister: Leader of majority party in provincial assembly, head of provincial government.
Provincial Assembly: Unicameral legislative body.

Local Level

Local governments have their own elected representatives.
Local bodies manage local development, education, and administrative services.

Key Challenges and Controversies

The federal division and boundaries of provinces were controversial and remain sensitive.
Some ethnic and regional groups, especially Madhesis and Tharus, demanded greater autonomy and identity recognition.
Issues of citizenship, language, and representation have caused political unrest and protests.
Implementation of the federal system is ongoing, with challenges in resource distribution and administrative capacity.

Significance

The Constitution of Nepal 2015 laid the foundation for a new political system based on inclusivity, federalism, and democracy.
It aims to unify Nepal’s diverse populations under a shared commitment to peace, equality, and prosperity.
It replaced centuries of monarchy with a people-centric republic.
The Constitution provides the legal framework for Nepal’s governance, law, and human rights protection.