Nepal is governed according to the constitution which came into effect on sept 20, 2015, regarding the interim constitution of 2007. Nhrc suggestions on the preliminary draft constitution of nepal 2015 2 s. Constitution making in asia the chinese journal of comparative law. Stop killing in nepal constitution 2015 building amit ranjan. Stop killing in nepal constitution 2015 building amit ranjan, september th, 2015 abstract. The cai of nepal was elected in 2008 with the mandate to draft a constitution that protects. Our draft constitution is full of flaws new spotlight. More than 40 people are dead including 35 madhesi and 8 policemen during the political protest. Preliminary draft of the constitution of nepal constitutionnet.
Submission from amnesty international on nepals draft. Oct 05, 2015 download constitution of nepal 2072 in both nepali and english with table of content which was promulgated on september 20, 2015 2072 ashwin 3. This might extend, for example, to the appropriateness of their terms of reference. The constitution of nepal 2015 adopted the principles of inclusive democracy and became the most representative body ever formed in nepal. As amended by the first the interim gkfnsf constitution of. The constitution of nepal is divided into 35 parts, 308 articles and 9 schedules. Nepals draft constitution international commission of. Download pdf constitution of nepal 2015 official english translation by the ministry of law, justice and parliamentary affairs of nepal language.
Constitution of nepal 2015 official english translation by. The constitution as adopted in 2015 had a federal structure of six provinces, which the madhesis felt did not meet their needs for representation. President of nepal promulgates new constitution of nepal. Now you can read constitution of nepal in both nepali nepal ko. Draft of the constitution of nepal, unofficial english translation by international idea 82. Pdf pthe present constitution promulgated by the constitutional assembly ca in september. Draft of the constitution of nepal, unofficial english translation by international idea 2 united by a bond of allegiance to national independence, integrity, national interest and prosperity of nepal, all the nepali people collectively constitute the nation. Constitution of nepal final, legislature parliament of nepal website click on pdf link last visited sept.
This exclusion is bound to activate the nepal s supreme court to induct some important democratic elements, such as republicanism, democratic elections and judicial independence, as essential basic. Out of the 598 members of the constituent assembly, 507 voted for the new constitution, 25 voted against, and 66 abstained in a vote. While this renewed momentum towards the finalization of the longpending constitution is welcome, there are a number of concerns about both the constitution making process and the substantive content of the draft constitution. The constitution drafting committee on june 28, sunday has finalized the first draft of the new constitution of nepal. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on. However, many are unhappy with the document, as the bbcs charles haviland explains. To draft their constitution by themselves, the public extensively participated in the elections of the constituent assembly. Although the political parties were far behind from their promise to deliver the new constitution within a year from the second election for constitution assembly, the. After the passing of the constitution draft by two third majority and verification by ca members and chairperson, president ram baran yadav declares the commencement of the new constitution 2072 from today in a special meeting at the ca hall. Comments on the draft constitution of nepal honourable chairperson, the international commission of jurists recognizes that the endorsement of a draft constitution on 7 july 2015 and the opening of a public consultation on this draft represent a unique and crucial moment in nepal sconstitutionalhistory.
Sep 18, 2015 after years of debate, nepal is celebrating a new constitution. According to the draft english translation of the constitution, these articles covered social justice issues specifically. Sep 19, 2015 nepal is about to adopt a new constitution, after nearly a decade of delay. Comparative study of 20462063and the forthcoming constitution. The constitution had been promised for over seven years, and was now. The sovereignty and the state authority of nepal is vested. The constitution drafting committee prepared a preliminary draft of the constitution by including the notes of dissent as part of its report. Interim constitutions the political settlements research programme. Pdf constitution of nepal and political development. Constitution of nepal 2015 preliminary draft unofficial. Constitution of the peoples federal republic of nepal.
Aug 28, 2015 our draft constitution is full of flaws at a time when nepal is all set to table the bill on the new constitution, senior advocate and eminent constitutional lawyer badri bahadur karki, who has also held the post of attorney general, spoke to keshab poudel about the processes involved. Among the major changes of this 2015 constitution is the introduction of a. Recognising the fact due to low salaries, job insecurity and lack of legal protection, there is interlink. Chief of army staff coas gaurav sjb rana has formally set out the armys reservations over some of the provisions, in the form of suggestions submitted to prime minister sushil koirala and president dr ram baran yadav. Preliminary draft of the constitution of nepal download pdf this document is the preliminary draft of the constitution, presented by the constituent assembly and the committee to decide the basis of cultural and social solidarity. Jul 28, 2015 nepal army na has expressed strong reservations over some provisions relating to the national army in the draft constitution. Following the political consensus to draft the new constitution of the republic via a constituent. As amended by the first the interim gkfnsf constitution. The constitution of the kingdom of nepal, 2015 date of red seal and gazette publication. Hoping further affirmative action in favor of workers in general and in particular domestic workers will be reflected in the coming labour act.
Download pdf this document is the preliminary draft of the constitution, presented by the constituent assembly and the committee to decide the basis of cultural and social solidarity. The new constitution was to be promulgated by may 28, 2010 by the elected house. Constitution of nepal 2015 preliminary draft unofficial translation by international idea download pdf constitution of nepal 2015 preliminary draft constitution drafting committee, constituent assembly secretariat, singha durbar unofficial translation by international idea. All laws inconsistent with this constitution shall, to the extent of such inconsistency, be void. Unofficial translation by nepal law society, international idea, and undp. The historic election of the constituent assembly was held in nepal on april 10, 2008. Constitution of nepal 2015, unofficial english translation. The dream of the nepali people to draft their constitution through. Sep 24, 2015 initial draft of the new constitution. Nepal made history on 20 september 2015 with the promulgation of its new secular, federal, democratic republican constitution. Nepals constitution building process dd international idea.
Stipulating citizens fundamental right to healthcare. Draft constitution nepal 2072 2015 citizenship provision. We, the sovereign people of nepal, internalizing the peoples sovereign right and right to autonomy and selfrule, while maintaining freedom, sovereignty, territorial integrity, national unity, independence and dignity of nepal. This is the constitution of a business undertaking formed as a primary cooperative with limited liability in terms of the provisions of the co operatives act, 2005 act 14 of 2005. Nepals constitution and federalism the asia foundation. Since preamble explains the source and objective of the constitution, it. An analysis of citizenship provision through descent within nepal s draft constitution 2072 2015 from womens rights perspective.
The constitution of nepal date of publication in nepal gazette 20 september 2015 2072. Pdf constitution of nepal 2015 prem ahuja academia. Any law inconsistent with this constitution shall, to the extent of such inconsistency, be void. September 2015, what does this milestone in nepals democratic transition represent to you. The interim constitution of nepal 2007 2063, which provisioned designs for the election of a constituent assembly, enabled it to write nepal s permanent constitution. Labour resources and research institute larri nunw complex located between katutura police station and katutura court. Review article constitution of nepal and political development. Since preamble explains the source and objective of the constitution, it is appropriate to. Now you can easily navigate between different chapters of constitution with table of contentthis is the official copy released by secretariate of constituent assembly for nepali public. In 2015, nepal experienced a devastating earthquake, leaving communities even. Constitution of the peoples federal republic of nepal, 2067. Download nepal constitution 2072 pdf directly from here. Nov 26, 2015 the most recently available version of the draft constitution currently being considered by the constituent assembly includes the right but again limits access to citizens.
To download the final version of the constitution of nepal 2072, click here. Nepal s new draft constitution, adopted by the countrys constituent assembly on june 7, 2015 and put forward for a twoweek public consultation period, has a number of major human rights shortcomings which need to be urgently addressed, amnesty international said today. The interim constitution as published here includes the changes made by the five amending acts the interim constitution of nepal first amendment, 2063 chaitra 30 april, 2007, and the interim constitution of nepal second amendment, 2064 jestha 30 june, 2007 the interim constitution of nepal third amendment. A 16point agreement, finalized by nepals four major political parties on 8 june 2015 in the wake of the devastating earthquakes of 25 april and. Preamble being the soul of the constitution, it should be brief, objectivebased, clear and human rights friendly. Aug 05, 2015 this basic feature concept as inducted by nepal s 1990 and 2007 constitutions has now been excluded in the proposed draft constitution of 2015. The constitution of nepal 2015 2072 is the seventh constitution of nepal. Right to information act despite the constitutional guarantee, it took almost two decades for specific rti legislation to be adopted in nepal.
Main features of the constitution of nepal, 2015 1 internalizationof the peoples sovereign right and right to autonomy and selfrule, while maintaining freedom, sovereignty, territorial integrity, national unity, independence and dignity of nepal. This video is about the ongoing violence in nepal during the constitution building process. Asa 312140 2015 22 july 2015 submission from amnesty international on nepal s draft constitution as part of the consultation process amnesty international1 is concerned that the draft constitution, adopted by the countrys constituent assembly on july 7, 2015 and put forward for a twoweek public consultation period, has a number. The constituent assembly had 33% representation of women. At the same time, there was mixed and critical response from few other countries, like from the neighboring country of india that had different insights on this event. Any laws inconsistent with it shall, to the extent of such inconsistency, be void. Sep 20, 2015 lets hope this new constitution of nepal 2072 will make the drastic change in no time in the following years. All the constitutions of nepal written before 2015 were made by thethen. Articles 42, 84, and 286 of the 2015 constitution were amended by the recent legislative action. We began from scratch and prepared a draft constitution on our own. Draft of the constitution of nepal, unofficial english translation by international idea 1 part 1 preliminary 1. This short article is an introduction to a symposium on constitution making in asia and the pacific.
The remuneration and other benefits to the prime minister, deputy prime minister, minister. Nhrc suggestions on the preliminary draft constitution of. In this constitution, unless the context indicates otherwise, a word or expression to which a meaning is attached in the cooperatives act, 2005. Jun 29, 2015 here is the draft of the new constitution in english language, click preliminary draft of new constitution in english. It was proclaimed by the president of nepal on september 20, 2015 asoj 3, 2072. The politics of nepal functions within the framework of a parliamentary republic with a. Constitution of the namibia domestic and allied workers union ndawu namibian domestic and allied workers union tel. The draft constitution is still needed to be rectified and it seems ca members are vehemently committed to releasing the constitution of new nepal 2072 by later month. It includes topics such as the promotion of social solidarity, education in mother tongue, protection, maintenance. According to the draft english translation of the constitution, these articles covered social justice issues specifically naming the madhesis among other groups, the composition of the legislature. The constitution was drafted by the second constituent assembly following the failure of the first. Gangadhar adhikari, chairperson of the human rights and peace society nepal, argued that the state should incorporate these fundamental rights mentioned in the draft until the constitution is given a final touch and should ensure its implementation. International institute for democracy and electoral assistance 2015. Newly add fundamental right in constitution in nepal 2072.
This is the first constitution made and adopted by the constituent assembly ca which was specifically elected for this purpose. Th e dream of a constitution through an elected ca was envisaged in the 1950s but it was only in april 2008 that the country elected its fi rst constituent assembly cai to draft a constitution. Download pdf constitution of nepal 2015 preliminary draft constitution drafting committee, constituent assembly secretariat, singha durbar unofficial translation by international idea language. Preliminary draft unofficial translation by the international. The interim constitution of nepal established a number of. Constitution of nepal 2015 official english translation. The draft was prepared by constitution drafting committee and it was presented by the chairman of the committee krishna prasad sitaula.
671 1107 818 1221 1239 441 1426 1153 723 1076 663 806 537 1182 346 477 1310 55 433 947 1115 299 1105 975 1371 235 359 364 935 48