Now, therefore, his majesty, the king of nepal, on the advice of the council of ministers, is accordingly pleased to ordain and promulgate the following act. Comparing the 2007 and 2015 constitutions conciliation. I am not at all satisfied with nepal being declared a secular state. Hereby promulgate this interim constitution, 2063 of nepal, drafted through political consensus, for an interim period until a new constitution has not been drafted by the constituent assembly. Right to freedom 1 every person shall have the right to live with a dignity, and no law shall be made which provides for the death penalty. However, none of the constitutions has survived for an adequate time. The notion of a bill of rights for south africa can be traced back to an anc document in the early 1920s. Since a constitution is the most authentic political and legal document of the land, it limits the power of government, protects peoples rights and delegated power to different offices. The interim constitution of nepal, 2063 2007 relevant. Constitution of nepal 2015, unofficial english translation 1 part 1 preliminary 1. The constitution of nepal is divided into 35 parts, 308 articles and 9 schedules.
In view of the mounting criticism against the panchayat constitution. Poush 2064 28 december 2007, the interim constitution of nepal fourth amendment. Ladies and gentlemen, mark these faces and names by ujir magar in kantipur via ekantipur the communist party of nepal maoist cpnm has announced the names of the partys 73 members for the interim legislature to be formed on january 15. This interim constitution of nepal as amended by the first two amendment acts was prepared in 2007. Open letter to the new prime minister and government. After the peace agreement, there was an initial commitment to confront the abuses the country has suffered.
I t is a good news for us all nepalese that after a long waiting period of time, finally the draft of the constitution has been released by the ca i. Government of nepal act, 2004 preamble whereas, by virtue of the supreme power vested through the instruments of their sacred panjapatras by shree panch maharajadhiraja of nepal, dating from the year of 1903 bs onward, delegating all powers of the state upon the contemporaneous shree 3 maharajas, whereas it is. Nepals failure to comply with the recommendations issued by. Its new constitution is scheduled to be formally put into effect by president ram baran yadav on sunday. The interim constitution of nepal, 2063 2007 relevant articles. Constitutions of the countries of the world, 200809, prof.
Posted in random thoughts by prabin parajuli on september 20, 2015. Sep 20, 2015 home random thoughts nepal constitution 2072 pdf download. Fundamental rights and duties the constitution of nepal. Short title and commencement 1 this act shall be called the interim government of. It was adopted on 15012007 and it has been in force from the adopted date.
Sovereignty and state authority the sovereignty and the state authority of nepal are vested in the nepali people. After the promulgation of the new constitution, nepal has entered into a new era of peace and development. Maoist members of interim parliament united we blog. Interim constitution of nepal 2007 constitutionnet. Mapping excercise of interim relief and rehabilitation to the. The detailed procedures regarding the implementation of this constitution shall as described in schedule ii. The country is peaceful with no record of any religious intolerance, riot. The interim constitution of nepal 2063 2007 ad part ii. Nepal s parliament was set to convene on monday to approve an interim constitution that would create a provisional legislature including the maoists for the first time as part of a landmark peace. Interim constitution of nepal first amendment, 2063 chaitra 30 april, 2007, and interim constitution of. Interim constitution of nepal 2007, the financial bill 2015 and most recently the constitution of nepal 2015 have all, to a large extent, addressed womens property rights. Constitution of nepal 2063 2007, which has been made through a political. Theinterim constitutionof nepal 2063 2007 date of authentication and publication 20631001 january 15 2007 amendments 1. Assembly in nepal approves new constitution the new york times.
As a media and research organization focused on enhancing political understanding in nepal they saw a need to assess how the. Interim constitution of nepal 2063 2007, which has been made through a political understanding and to be in force until a new constitution is. In real numbers, the exclusion of indigenous peoples representatives from nepals constitution reform process causes grave harm to the rights of between approximately 11 15 million persons as well as to the collective rights of 59 officially recognised and more than 25 unrecognised indigenous peoples. The constitution fails to guarantee the right to life, which is a serious omission in itself, and also because of ongoing concerns around extrajudicial killings and. The interim constitution of nepal, 2063 2007 relevant articles part 2 citizenship. Any laws inconsistent with the constitution are declared void to the level of their inconsistency. In the preamble of the interim constitution, a firm determination to restructure the country progressively for the resolution of class, ethnic, regional, and gender related. After the 16hourmarathum discussion on the draft interim constitution, early in the saturday. Lawfully declaring nepal a federal democratic republican state ending the monarchy stated by the 4th amendment 2065 bs. The interim constitution of nepal 2064230 second amendment, 2063 2007 june 2007 3. Nepal makes first amendment of its constitution four. The interim constitution of nepal 2063 2007 ad part i.
Despite these progressive steps taken in terms of womens land rights, there are a number of barriers that women continue to face in truly realizing their rights. Under fire with the promulgation of the new constitution on september 20, nepals prolonged political transition has come to a formal end, logically concluding the peace process started after a decade of violent maoist insurgency. The interim constitution of nepal 2007 includes a number of provisions that protect economic, social and cultural rights, including the right to food. Dipendra jha compares nepals 2007 and 2015 constitutions and the trajectory of commitments made to social inclusion. Assembly in nepal approves new constitution the new york. Although the damage caused by the deadly earthquakes, monthslong border blockade and. The interim constitution of nepal 20631 first amendment, 2063 2007 14 march 2007 2. Government of nepal act, 2004 preamble whereas, by virtue of the supreme power vested through the instruments of their sacred panja patras by shree panch maharajadhiraja of nepal, dating from the year of 1903 bs onward, delegating all powers of the state upon the contemporaneous shree 3 maharajas, whereas it is our fervent desire, through all social, economic and political developments to. Citizenship at the commencement of the constitution 3 every child who is found within the territory of nepal and the whereabouts of whose parents are not known. At the commencement of this constitution, the following persons who have their domicile in nepal shall be deemed to be citizens of nepal. The interim constitution of nepal, 2063 2007 relevant articles part 2 citizenship article 8. Nepal parliament to approve interim constitution reuters.
Th e cai of nepal was elected in 2008 with the mandate to draft a constitution that protects peoples rightsespecially those of minorities and vulnerable groupsand enshrines democratic principles. Nepals peace process started in 2006, resulting in a comprehensive peace accord cpa in november 2006 and an interim constitution in 2007. For institutional the achievements of the revolutions and movements, for until the formulation of the new constitution through the constituent assembly, hereby promulgate the enforcement of this document of political consensus the interim constitution of nepal 2063 bs. All laws inconsistent with this constitution shall, to the extent of such inconsistency, be void. National survey on nepals constitutionbuilding process. The idea for this national survey on nepals constitution building process was conceived by outline media prior to nepals two major earthquakes in april and may 2015. Interim relief and rehabilitation to the victims of nepals armed conflict ex ecutiv e summary the comprehensive peace accord cpa, 2006 23 and the interim constitution of nepal, 2007 envisage. Interim constitution of nepal 2007 equal rights trust. Salient features of the interim constitution of nepal 2063. Focusing on key issues of quotas for marginalised communities, guarantees of representation, and implementation, he argues that the 2015 constitution has rowed back on some of the progressive provisions to emerge in the 2007 constitution.
Comment on the freedom of expression and information. The comment is intended as input to the process of preparing a final constitution, as well as to any reworking of the freedom of expression and information provisions of the interim constitution. Constitution of nepal, 2063 2007, prepared through a political consensus enforceable until a. Nepal has experimented with nepal constitutional act, 1948, interim constitution of nepal 1951, constitution of kingdom of nepal 1959, constitution of nepal 1962, constitution of nepal 1990, interim constitution of nepal 2007 and constitution of nepal 2015. Information from its description page there is shown below. The ruling sevenparty alliance and the cpnmaoist leaders today morning finalized the interim constitution following 17 hours of intensive discussion at the prime ministers residence at baluwatar.
Nepals failure to comply with the recommendations issued. I am not satisfied because nepals population is more than 90% hindu. Part8 federal legislature the constitution of nepal. Th e cai expired on 28 may 2012 without fi nalizing the constitution. Nepals constitution of 2006 with amendments through 2010. The interim constitution of nepal 2063 2007 ad part i english.
The panchayat constitution was amended several times, primarily to increase the power and prerogatives of the monarchy against the increasing popular demand for liberalization of the political institutions and processes. Nepal makes first amendment of its constitution four months. Mapping excercise of interim relief and rehabilitation to. Download nepal constitution 2072 pdf directly from here. The constitution fails to guarantee the right to life, which is a serious omission in itself, and also because of ongoing concerns around extrajudicial killings and the indiscriminate killing of protestors by security forces in nepal. Article 18 3 of the interim constitution provides that every citizen shall have the right to food sovereignty as provided for in the law. Interim constitution of nepal 2063 december 16, 2006 uwb 44 comments for the record. Nov 09, 2015 5 each citizen of nepal who has completed the age of eighteen years shall have the right to vote in any one election constituency as provided for in the federal law. Nepal s constitution of 2006 with amendments through 2010 historical. Contains 25 parts including part 3 on fundamental rights. 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. The freedom charter of 1955 carried the idea forward. The state shall adopt the policy of gradually institutionalizing peace in nepal through international recognition and by maintaining cooperation. A copy of nepals constitution 2072 lies on the table inside the constituent assembly in kathmandu, nepal, on september 18, 2015.
Interim relief and rehabilitation to the victims of nepal s armed conflict ex ecutiv e summary the comprehensive peace accord cpa, 2006 23 and the interim constitution of nepal, 2007 envisage. It has articles on citizenship, fundamental rights, responsibilities, directive principles and policies of the state, the executive, legislatureparliament, the constituent assembly, the legislative procedure, the financial procedure, the judiciary, the commission for the investigation of. And whereas, by the same proclamation his majesty the king of nepal had expressed his desire and resolve that until such constitution was framed, there should. This is the full text of the interim constitution of nepal enacted by the president of the federal republic of nepal. Nepals constitution of 2015 with amendments through 2016. Nepal is governed according to the constitution which came into effect on sept 20, 2015, replacing the interim constitution of 2007. The constitution is the supreme law of the country and all other laws are subordinate to it. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on. Under the leadership of maoist spokesperson krishna bahadur mahara, nine central. Sep 17, 2015 nepal has had an interim constitution since 2007. The constitution contains provisions for establishing the republic of nepal.
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