Constitution of The Kingdom of Nepal 2047

Prologue to The Constitution of The Kingdom of Nepal 2047

The Constitution of the Kingdom of Nepal 2047 was promulgated on 23rd Karthik 2047  by King Birendra. It consisted of 23 Parts 133 Articles and 3 Schedules. It established a Constitutional Monarchy in Nepal.

The Major Cause for the formation of this Constitution was the People’s Movement I and the end of the Party-less Panchayat System in NepalThe People also had to exercise heightened Civil and Political Freedom.

 The Constitution of the Kingdom of Nepal 2047 was a Fundamental Law of Nepal that vested Sovereignty in the People and guaranteed a Liberal and Democratic Governance System with Multi-Party Politics in Nepal.

Its Impetus and Rationale

The Constitution of the Kingdom of Nepal 2047 was the result of a Nation-altering Political Transformation of Nepal. This Constitution acted as the Transition between Party-less Panchayat and Multi-Party Parliamentary Democracy.

Lack of Civil and Political Rights

The Constitution of Nepal 2019 guaranteed a limited form of Civil and Political Rights to the citizens of Nepal. It posed significant difficulties for educated and aware Citizens of Nepal.

Hence, an atmosphere against the Panchayat System formed that resulted in a demand for more Rights for the People.

Need for Liberalization

The Then Constitution limited Nepal’s participation in Foreign Investment, limited Trade, and Commerce with International Countries as well as opposed International Practices.

However, the Rapid Westernization and Modernization in Nepal caused the People to realize that Nepal was Economically Backward resulting in a need for Liberalization.

Ratification of International Treaties

Many International Treaties such as ICCPR and ICESChavead been accepted throughout the World. However, the Rights guaranteed by these Conventions weren’t provided to the Nepali People.

Hence, the Organizations such as NGOs, and INGOs promoted the Ratification of such treaties. Hence, after the promulgation of this Constitution, ICCPR and ICESCR were promulgated in 2048.

Peoples Movement I

People’s Movement First was the immediate cause of the Constitution of the Kingdom of Nepal 2047. This Movement led by Political Parties under Ganesh Man Singh continued for 49 Days from Chaitra 2046.

It ended with King Birendra declaring the g Party-less Panchayat Period to have ended and the promulgation of the Constitution of The Kingdom of Nepal 2047.

Features and Attributes

The Constitution of the Kingdom of Nepal 2047 was drafted under the Constitutional Drafting Committee under Chief Justice Biswonath Upadhyaya. After some Research, the draft of the Constitution was submitted to the King and the Political Parties.

After the draft was mutually agreed upon by the King and the Political Parties, it was accepted. It was named the Constitution of the Kingdom of Nepal and promulgated on 23rd Karthik 2047.  

Supreme Written Constitution

Article 1 Sub-Article 1 of the Constitution of the Kingdom of Nepal 2047 mentions that the Constitution is the Fundamental Law of the Land. If any Law comes in conflict with the Constitution, the Law shall be declared null and void.

Hence, it was intended to be an apex Law of  Nepal with no Individuals above the Constitution.

Sovereignty Vested on the People

Article 3 of the Constitution of the Kingdom of Nepal 2047 has provisioned that the Sovereignty of Nepal is vested in the People of Nepal.

All previous constitutions namely the Constitution of Nepal 2019, the Constitution of Kingdom of Nepal 2015, and the previous one had vested the Sovereignty upon the King. However, after this Constitution, Sovereignty was vested in the People themselves.

Nepal Citizenship

In this Constitution, Nepal has been declared a Multi-Ethnic, Multi-Lingual, Democratic, Independent, Indivisible, Sovereign, Hindu, and Constitutional Monarchial Kingdom.

Article 8 of this Constitution guarantees citizenship of Nepal to any individual born in Nepal and if their Parents are also born in Nepal (Citizenship By Descent). Any Person with Naturalized Citizenship is also a Citizen of Nepal.

Fundamental Rights and Duties

Article 11 to Article 23 of this Constitution guaranteed the Fundamental Rights of the Citizens of Nepal. The Fundamental Rights are:

  • Right to Equality
  • Right to Freedom
  • Press and Publication Right
  • Right Regarding Criminal Justice
  • Right against Preventive Detention
  • Right to Information
  • Right to Property
  • Cultural and Educational Rights
  • Right to Religion
  • Right against Exploitation
  • Right Against Exile
  • Right to Privacy
  • Right to Constitutional Remedy

Directive Principles and Policies

Article 24, 25, and 26 of the Constitution has provisioned for unenforceable Directive Principles and Policies of the State with Economic, Social, and International Objectives as well.

It has been mentioned that Nepal shall be transitioned into a Welfare State. Second, it mentioned more than 16 Policies that are related to the Mobilization of Natural Resources, Raising the Standard of Living, and the Liberalization of the Nepali Economy.

Constitutional Monarchy

Nepal has been transitioned into a Constitutional Monarchy by this Constitution. It has stated that No Question can be raised in Court about any act performed by His Majesty. It also guarantees the constitution of Raj Parishad that deals with matters concerning Succession and Royal Functions.

Executive

The Constitution provisioned that the Executive Power of the Kingdom of Nepal is vested in his Majesty and the Council of Ministers. Article 35 of the Constitution has mentioned that “The King-in-Council” method of exercising Power will be followed by the Executive.

The Executive Power was to be shared and the Executive would be formed through the Parliament with either Complete Majority, Combined Party, or Members Majority as well as Minority.

The Council of Ministers was headed by the Prime Minister with the responsibility towards the House of Representatives.

Bicameral Legislature

Part 8 of the Constitution of the Kingdom of Nepal 2047 that a Parliament consists of the King and Two Houses namely the House of Representatives and the National Assembly. The Doctrine of “King-in-Parliament” was followed by this Constitution.

The House of Representatives was the Lower House and consisted of 205 Members. Every District had at least One Parliamentarian in the Lower House. Any Individual above the age of House of Representatives at the age of 25 years.

The House of Representatives spanned for a total of five years with a one-year extra deadline as per this Article.

The National Assembly was made the Permanent House and consisted of a total of 60 Members. Out of the 60 Members, 10 Were Selected by the King.

Thirty-five were elected by the House of Representatives based on a Single Transferable Vote and 15 Members were selected three Each from each Development Region. Its Tenure was 6 years with 1/3rd being replaced every 2 years.

Independent Judiciary

Part 11 of the Constitution is provisioned for the Judiciary of Nepal. Article 85 mentions that Courts will consist of Three Tiers namely: Supreme Court, Appellate Court, and District Court.

The Constitutional Council recommended the Chief Justice of Nepal and the King appointed him whereas Other Judges were appointed by Chief Justice on the recommendation of the Judicial Council.

It also mentioned that One Chief Justice and 15 Other Judges must be present in the Supreme Court with the term of office till 65 years.

The Supreme Court, for the First Time, had the power of Judicial Review that could check the actions of the Legislature and the Executive. It was also provided with Ordinary and Extra-Ordinary Jurisdiction.

Constitutional Commissions

The Constitution of the Kingdom of Nepal 2047 has also integrated Constitutional Commissions. They are:

  •  CIAA (Commission for the Investigation of Abuse of Authority)
  • Auditor General
  • Public Service Commission
  • Election Commission

Moreover, the Constitutional Council, Judicial Council, and Judicial Service Commission have also been provisioned in the Constitution. The Amendment of the Constitution was also by the Basic Structure Doctrine.

Its Appraisal and Corollary

The Constitution of the Kingdom of Nepal 2047 is widely considered to be one of the most democratic constitutions. Most of the Underlying Provisions of the Constitution of Nepal have been directed through this Constitution.

It has promoted Democratic Practices, Independent Judiciary, and Constitutionalism in Nepal.

Independent Judiciary

The Constitution was drafted by the Then Chief Justice of Nepal and hence Independent and Competent Judiciary has been actively ensured in this Constitution.

After this Constitution, the Judiciary gave Landmark Cases in Nepal such as the Girija Prasad Koirala House Dissolution, Manmohan Adhikari House Dissolution etc.

Constitutionalism and the Rule of Law

The Constitution warranted that no one is above the Law but Law itself shall act as the Leading Mechanism of the State of Nepal. Also, the Authority of the Government was derived from the Constitution and hence the Government of Nepal had to work by the Constitution. In this case, the Constitution of The Kingdom of Nepal 2047 succeded.

Political Instability

As the Constitution hypothesized a Multi-Party Parliamentary Practice, the Political Parties failed to maintain Stability in Nepalese Politics. Girija Prasad Koirala resigned after nearly three years in the Cabinet and a new mid-term election was held.

Manmohan Adhikari led a short 9-month Communist Government. After that, Nepal entered into a Period of Instability with the multiple Governments and Cabinets failing to bring Stability to Nepali Politics, a trend that continues to this day.

Maoist Movement

The Maoist Movement is an integral aspect of contemporary Nepali History that transposed Nepal into a secular Federal Democratic Republic.

However, its Origin lies in the dissatisfaction with the Constitution of the Kingdom of Nepal 2047 and their failure to be successful in the subsequent election of 2048.

Failure in Practice

It is ironic that the Constitution of the Kingdom of Nepal 2047 regardless of being the Theoretically finest Constitution of Nepal failed miserably in Practice lasting a mere 18 years.

Epilogue

The Constitution of the Kingdom of Nepal 2047 is regarded as one of the most democratic constitutions of Nepal as well as the World. It ensured dozens of Fundamental Rights, An independent Judiciary, a Rule of Law, a balanced Constitutional Monarchy, and much more.

In Constitutional History, The Constitutions of 2004, 2007, 2015, and 2019 are less progressive than this Constitution.

However, it failed to ensure Political Stability and a Balance of Power between the King and Parliament which resulted in large-scale Changes in Nepal that removed the Monarchy itself from Nepal.  

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FAQs

What is the Constitution of the Kingdom of Nepal?

The Constitution of the Kingdom of Nepal 2047 was promulgated after People’s Movement I and the reinstating of Multi-Party Democracy.

When was the Constitution of Nepal in 2047 promulgated?

The Constitution of The Kingdom of Nepal was promulgated on 23rd Karthik 2047 B.S. by King Birendra. It is considered to be a highly democratic constitution.

How was the constitution of the Kingdom of Nepal in 2047 more democratic than in 2015?

The Constitution of the Kingdom of Nepal 2047 had provisioned for Multi-Party Democracy, fundamental rights, an independent judiciary, and a bicameral legislature with democracy elected by the People.

What are the major features of the Constitution of 2047?

Its Major Features are the Supreme Written Constitution, Sovereignty Vested in the People, Constitutional Monarchy, King-in-Council Executive, and Bicameral Legislature.