Interim Constitution of Nepal 2063

Introduction to Interim Constitution of Nepal 2063

The Interim Constitution of Nepal 2063 was the Sixth Constitution of Nepal and also the Second Interim Constitution of Nepal. It consisted of 25 Parts, 167 Articles, and 4 Schedules.

The Major Cause for the formation of the Interim Constitution is the success of the People’s Movement First after the 12 Point Agreement. It was promulgated in 2063 Magh 1.

This Constitution provided Social, Economic, and Cultural Rights to the citizens of Nepal. It also provisioned for the establishment of a Constituent Assembly and proclaimed Nepal as a Federal Democratic Republican State.

Reasons for The Interim Constitution of Nepal 2063

The Interim Constitution of Nepal 2063 was caused by the Maoist Movement, the Coup of King Gyanendra, the Agreement between the Seven Political Parties of Nepal, and the consequent People’s Movement which ended with King Gyanendra stating that Monarchy in Nepal shall be the People’s Choice.

Maoist Movement

The Maoist was a decade Long revolution commenced by the Communist Party of Nepal Maoist. It resulted in the Killing of tens of thousands of people and a vicious Civil War between the Maoists and the Nepali Army.

Royal Coup of King Gyanendra

King Gyanendra became the King of Nepal after the Jestha Royal Massacre of 2058. By 2061 Magh 19 took Absolute Powers and arrested the members of the Political Parties of Nepal.

He, like Mahendra, started to make Arbitrary Decisions but they were largely unpopular amongst the People.

12 Point Agreement

12 Point Agreement was signed between the Seven Parties of Nepal and CPN Maoist to collectively standoff against the King and vest the Sovereignty to the People.

It also planned to reject the Election to be conducted by the King and launch a Peaceful People’s Movement.

People’s Movement II

After the 12 Point Agreement, the Parties corroborated People’s Movement II which lasted for 19 Days beginning with Chaitra 24. Girija Prasad Koirala led the Movement and in the 11th Baisakh 2063 Gyanendra announced the end of the Royal Coup establishing the path for the Interim Constitution of Nepal 2063.

Features of Interim Constitution of Nepal 2063

The Interim Constitution of Nepal 2063 was drafted in 9th Bhadra 2063. Then, it was promulgated and implemented throughout Nepal in 1st Magh 2063.

The Preamble of the Constitution has stated that the basic rights of the Nepali People to frame the Constitution for themselves and participate in the Election of the Constituent Assembly is the major objective of the Constitution.

Nepal as Secular Democratic State

Article 4 of the Constitution posits that Nepal is an independent, indivisible, Sovereign. Secular, Inclusive, and Fuly Democratic State.

It also expresses the Multi-Ethnic, Multi-Lingual, Multi-Religious, and Multi-Cultural Characters of Nepal with the bond of Integrity and National Interest among the Nepali People.

Ultimately, it guarantees that all the languages spoken as Mother Tongues in Nepal are the National Languages of Nepal.

Fundamental Rights

The Constitution has instituted Twenty-One Fundamental Rights from Article 12 to Article 32 of Part 3. They are:

  1. Right to Freedom
  2. Right to Equality Right against Untouchability and Racial Discrimination
  3. Right regarding Publication, Broadcasting, and Press
  4. Rights Regarding Environment and Health
  5. Education and Cultural Rights
  6. Rights Regarding Employment and Social Security
  7. Right to Property
  8. Rights of Women
  9. Right to Social Justice
  10. Rights of Children
  11. Right to Religion
  12. Rights regarding Justice
  13. Right against Preventive Detention
  14. Right against Torture
  15. Right to Information
  16. Right to Privacy
  17. Right against Exploitation
  18. Right Regarding Labor
  19. Rights against Exile
  20. Right to Constitutional Remedy.

Directive Principles and Policies

The Constitution also states the Responsibilities of the State such as a Multi-Party competitive Democratic System, inclusive and Progressive State Restructuring, Proportional Inclusion, Scientific Land Reform Programmes, etc.

It has mentioned 19 Responsibilities, 6 Principles and 22 Policies to be adopted by Nepal in light of the new Constitution.

Executive

The Executive Power of Nepal was vested in the Council of Ministers as per Article 37 of the Interim Constitution. The Prime Minister of Nepal is said to have been selected by Political Consensus before the Formation of Constituent Assembly.

The Executive was to be checked by the Constituent Assembly and before that the Legislature-Parliament.

The Cabinet was to be formed with the members of all Seven Political Parties.  

Legislature-Parliament

Before the election of the Constituent Assembly, a Unicameral Legislature-Parliament in Nepal existed in Nepal following 330 Members.

Out of 330, 209 Members were selected from the Political Parties. 73 Members from CPN Maoist and the remaining 48 Members from Organizations, Ethnic Groups, and Samyukta Bam Morcha.

Constituent Assembly

Constituent Assembly was a major feature of the Interim Constitution of Nepal 2063 which would be constituted to formulate a new Constitution by the Nepali People themselves.

The Term of the Constituent Assembly was declared to be two years from the date of its first meeting with the possibility of extending additional 6 Months.

Judiciary

Part 10 of the Interim Constitution has codified Three Tiers of Courts in Nepal

  • Supreme Court
  • Appellate Court
  • District Court

The Supreme Court was considered the Highest Court and shall consist of the Chief Justice of Nepal and a maximum of 14 Other Judges. The Tenure of the Judges of the Supreme Court was Sixty-Five Years.

The Supreme Court had the Jurisdiction of enforce Fundamental Rights conferred by this Constitution, Ordinary, and Extra-Ordinary Powers, entertain Writs, Judicial Review etc.

Article 113 also instituted Judicial Council and Constitutional Council along with the Judicial Service Commission and a court of Constituent Assembly.

Constitutional Commissions

The Interim Constitution of Nepal 2063 has also warranted various Constitutional Commissions. They are:

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

Miscellaneous

The Interim Constitution of Nepal 2063 has also provisioned National Security Council, Constitutional Council, and Election Area Commission.

Moreover, Referendum, Parliamentary Hearing, Emergency Power, and Amendment of the Constitution have also been ensured.

Inclusiveness

One of the Major Focal Points of the Interim Constitution has been ensuring Proportional Inclusiveness throughout the State Mechanism.

Backward Ethnic Groups, Madhesi, Dalits, Women, and Indigenous Groups have been prioritized with Quota System in this Constitution.

Analysis and Consequences of Interim Constitution of Nepal 2063

The Interim Constitution of Nepal was a temporary, inclusive, democratic provision for an Inclusive Constitution Making Process in Nepal. It paved the way for the Constitution of Nepal and the removal of the Monarchy from Nepal.

The Interim Constitution had many theoretical Qualities than the Constitutions of 2004, 2007, 2015, 2019, and 2047.

Constitution of Nepal

As the Interim Constitution was temporary, it provisioned for a Constituent Assembly that would exclusively last for two years. However, the Constituent Assembly failed consecutively.

In 2070, an Election for a New Constituent Assembly was announced based on the Constitution. Finally, the Constitution of Nepal was promulgated in the 3rd Karthik 2072.

Removal of Monarchy

The Interim Constitution didn’t provision the King to be the Head of State. The Future of Monarchy in Nepal rested on the First Meeting of the Constituent Assembly.

The First Meeting declared with Majority the abolishment of Monarchy in Nepal on Jestha 2065.

Political Instability

Although the Provisions of the Constitution corroborated for a Legislature-Parliament and Constituent Assembly, the Government in Nepal didn’t last for more than a year or a year and six months.

For nearly 10 Years nearly 8 Governments ruled which highlights the Political Instability after the Interim Constitution of Nepal 2063.

Conclusion

In Conclusion, the Interim Constitution of Nepal 2063 was a highly democratic and inclusive Constitution that proposed a Constituent Assembly for Constitution Making as per the wish of the people.

It promoted Human Rights, Positive Discrimination as well as the precepts of Social Justice in Nepal. It also set the basis for the abolishment of Monarchy in Nepal and promoted Religious Secularism.  

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