About Constitutional Development of Nepal

Constitutional Development of Nepal

          The Constitutional Development in Nepal does not have a long history. The in 2004 in Nepal. Constitution was first promulgated by Padma Sumsher. Within sidx decades, we have practiced six constitutions. Now we have got a new constitution drafted by the constitutional Assembly i.e. constitution of Nepal 2072. It was enforced on 3rd Ashoj 2072 BS. The rapid change in the constitution which causes political instability and social disorders is detrimental to the development of a country.

            The main cause of changing constitution is lack of inclusive nature, the will and aspirations of majority of people were not represented in the previous constitutions. There was no participation of people in the formulation of constitution. It fulfilled the desires and needs of a limited number of ruling class people. The instability of constitution caused bad impact on the social and economic development of the country. So, our country is lagging far behind the development countries in the competitive world. It underwent a violent civil war. A brief introduction to the six constitution is given below.

The Nepal Government Legal Act (Baidhanik Kanun) 2004 B.S.

               When there was a protest against the family rule of the Ranas, Padma Sumsher tried to give some rights to people. In order to draft the constitution, three Indian experts were invited to Nepal. They were Shree Prakash, Dr. Ram Ugra Singh and Raghunath Singh. The constitution was supposed to be promulgated on 1st Baisakh, 2005 B.S. but it could not be implemented because Padma Sumsher was forced to resign from the post before the date of promulgation. It had 6 parts, 68 articles and 2 schedules.

Features

·         Provision of fundamental rights and duties

·         Bi- cameral legislative parliament

·         Provision of judiciary System (Pradhan Nyayalaya), Audior General (Pardhan jachanki), Public Service Commission (Darkhasta Parisad)

Drawbacks

·         The theory of separation of power not accepted

·         Rana prime minister could form and dissolve the council of ministers

·         No provision of the state head

The Interim Government Legal Act of Nepal 2007 B.S.

The constitution was promulgated by King Tribhuvan and came into practice from 29^th Chaitra 2007. This interim constitution was active until the mid of 2015 B.S. and amended for six times. The constitution had 7 parts, 73 articles nd 3 schedules. It made different provisions which are given below.

·         Executive power vested on the king and council of ministers

·         Establishment of public service commission.(lok Sewa Aayog)

·         Supreme Court as the highest body of judiciary system.

·         Establishment of the office of the Attorney General and Election Commission.

·         Arrangement of the directive principles for the state policy.

Drawbacks

·         The king could form and dissolve the council of ministers.

·         The theory of separation of power not accepted.

·         Thought there was no provision of constitution amendment, the king could address.

The Constitution of the Kingdom of Nepal, 2015 B.S.

The constitution drafting committee under the chairmanship of bhagbati Prasad Singh had made this constitution. Sirlvor Jennings, an expert, was invited from England for assistance. It was promulgated on 1^st Falgun, 2015 by King Mahendra. It had 10 parts, 77 articles and 3 schedules. Some provisions of this constitution are given below.

·         Constitution as the main law of country.

·         Bi-cameral legislature the Maha Sabha and Pratinidhi Sabha

·         Division of Nepal into 109 constituencies.

·         Executive power vested on the Council of Ministers.

·         Nepali language of deva Nagari script as the official language.

·         Fundamental rights, Supreme Court, Public Service Commissions, etc.

Drawbacks

·         Fundamental rights could be dissolved by the parliament.

·         The king had an active role in power play but it was mentioned as constitutional monarchy in the preamble.

·         No one could raise voice against monarchy.

The Constitution of Nepal, 2019 B.S.

King mahendra introduced partyless panchayat system and enacted this constitution. The constitution was drafted by the committee under the chairmanship of Rishikesh Shah. It had 20 parts and 97 articles and 6 schedules. It was implemented from 1^st Poush, 2019 B.S. by king mahendra. This constitution supported the partyless panchayat system. It lasted for almost 30 years.

Drawbacks

·         Sovereignty was vested on the king.

·         Partyless panchayat system

·         The king could appoint the chief justice and other judges of the supreme court.

 The Constitution of the kingdom of Nepal, 2047 B.S.

After the resoration of democracy in 2046 B.S. this constitution was written by some experts including the representatives from different political parties. One commission was formed under the chairmanship of mr. bishwanath upadhyaya which consists of nine members. King Birendra had promulgated this constitution on 23^rd kartik 2047. It has 23 parts, 133 articles and 3 schedules. Some provisions of the constitution are given below.

·         Sovereignty vested on people.

·         Constitutional monarchy.

·         Adoption of multi-party parliamentary form of government.

·         Adult franchise, rule of law, independent and competent judiciary.

·         Provisions of more fundamental rights and constitutional organs.

Drawbacks

·         No provision of inciusion

·         Lacking the provision of referendum

·         The provision of social justice not accepted

 Interim Constitution of Nepal. 2063 B.S.

This is the first constitution promulgated on behalf of the people after the success of people's movement II. It had 25 parts 167 articles and four indexes.

·         Sovereignty vested on the people,

·         Provision of secularism,

·         Competitive multiparty democratic system

·         Independent judiciary

·         Unicameral legislature

·         Appointment of the chief of army by the president

Drawbacks

·         Document of political consensus, rather than democratic.

·         Controversy between the power of president and that of prime minister

·         Hasty decisions without compling people's opinions.

·         More flexible.

Constitution of Nepal, 2072 B.S.

The constitution of Nepal 2072 B.S. is the present constitution of Nepal drafted by historic constitution assembly and promulgated on 3^rd Ashoj 2072. This constitution seems to be more democratic and made through direct participation of nepali people. There are 35 parts, 308 articles and 9 indexes in the constitution. The dream of nepali people of making new constitution through constituent Assembly was materialized after the enforcement of this constitution.

Features of this constitution

·         Proclamation in the name of the people.

·         Seven provincial federal models

·         Republicanism and federalism as fundamental principles.

·         Improved parliamentary system with conditional provision

·         P.M. does not have right to dissolve parliament.

·         Ensures secularism with protection for all religions.

·         Inclusive cabinet with maximum 25 members

·         Separate commissions on natural resources, finance, women, madhesi, dalit, tharu, muslims, etc.