Chapters
Introduction to Interim Government of Nepal Act 2007
Interim Government of Nepal Act 2007 was the First Implemented Democratic Constitution of Nepal. It was applied throughout the Geography of Nepal from Chaitra 29, 2007. It is the Second Codified Constitution of Nepal.
The Immediate Cause for the formation of the Interim Government of Nepal Act 2007 was the end of the Rana Regime in Nepal because of the Abdication of King Tribhuvan and the Revolution of 2007.
This Constitution guaranteed a Constitutuent Assembly elected by the People for the making of a new Constitution.
Reasons for Interim Government of Nepal Act 2007
The Interim Government of Nepal Act 2007 was the result of Political and Socio-Economic Changes in Nepal immediately brought about by the End of the Rana Regime. It was also the need of any Independent Democratic Country.
Abdication of King Tribhuvan
King Tribhuvan desired to end the Rana Regime and establish a form of Constitutional Monarchy instead. After multiple secret talks through Letters and Envoys with Nepali Congress, Tribhuvan decided it would be better if he abdicated to India.
On 21st Karthik 2007, he took refuge in the Indian Embassy. He reached India on 26th Karthik, 2007 he advanced towards India.
Revolution of 2007
After the Bairganiya Conference, it was concluded that Nepali Congress would initiate a Nation-Wide Armed Revolt against the Rana Regime. Starting from the 26th Karthik 2007 Evening, the revolution began by attacking Birgunj which was eventually defeated.
Important Regions such as Biratnagar were also captured whereas other Districts were also conquered.
Delhi Agreement
After the Abdication of King Tribhuvan and the success of the ongoing Congressian Revolution, the Rana Regime was on the brink of collapse. In India, negotiations began under Keshar Shumsher and Bijaya Shumsher.
However, the First Negotiations failed to bring out the desired result. Ultimately, in 2007 B.S. Poush 24 Mohan Shumsher conceded to some Constitutional Refoorms such as the Formation of a New Constitution, reinstating Tribhuvan as the King of Nepal, and formation of Congress and Rana Cabinet under the leadership of Mohan Shumsher.
End of Rana Regime
By Poush 26th 2007, King Tribhuvan addressed the People of Nepal urging them to end the Revolution and declaring that the Rana Regime has ended in Nepal. Thereafter he returned marking the beginning of a democratic Era in Nepali History for ten years.
Features of Interim Government of Nepal Act 2007
Interim Government of Nepal Act 2007 was promulgated when Mohan Shumsher had become the Prime Minister of Nepal. It was passed by the Cabinet of Ministers on 2007 Chaitra 27 and was implemented throughout Nepal from 29th Chaitra 2007.
Its Major objective lay in the establishment of a Democratic Government, Rule of Law, Governance through Law, and the formation of a Constituent Assembly. It consisted of Seven Parts, Seventy-Three Articles, and Three Schedules.
First Promulgated Interim Constitution
The Previous Government of Nepal Act 2004 was never implemented in Nepal. So, the Interim Government of Nepal Act 2007 became the first promulgated Constitution of Nepal.
Also, it was proclaimed to be Interim meaning that it was a temporary Provisional Constitution before the formulation of a newer constitution through a Constituent Assembly. In fact, the Constitution was amended Six times.
Administrative Democratic Constitution
The Interim Government of Nepal Act 2007 was a democratic Constitution that guaranteed the three Organs of Government.
It was also directed governing conducting the Day-to-Day Administration of Nepal. It was proclaimed that a Constituent Assembly would be formulated for the making of a new Constitution.
This Constitution established King as the superior authority of Nepal and established a widely accepted and regulated Government, Commissions, Judiciary, and much more.
Directive Policies
Part 2 Article 3-21 of the Interim Government of Nepal Act, 2007 established some Statewide Directive Policies. They were pre-eminent in the Administrative aspect of Nepal and were directed to ensure the effective implementation of the Constitution.
The Directive Policies touched on the Social, Economic, and Political Conditions of Nepal and intended to have a Just Administrative System with Peace and Security. It also ensured Gender Equality, Labor Rights, Child Rights, and much more.
Fundamental Rights
Interim Government of Nepal Act, 2007 had provisioned the Fundamental Rights of Nepali People from Article 14 to Article 21 of Part 2 of the Constitution.
The Fundamental Rights ensured in this Constitution are:
- Rights of Citizens
- Community Property
- No Forceful Nationalization of Property
- Equal Salary for Male and Female
- No Exploitation
- Social Security
- Right to Labor
- Cultural Rights
Later, Civil Rights 2012 was also issued which consisted of the overall structure of the Political, Civil, and Socio-Cultural Rights of Nepali People.
However, the Fundamental Rights weren’t to be compulsorily enforced by the Government. They were under the overall framework of Directive Policies.
Constitutional Commissions
This Constitution also guaranteed the presence of Three Constitutional Commissions:
Auditor General
Article 61 of the Constitution posited that keeping and auditing the accounts of the Government of Nepal and providing a regular report about the Audit was the primary responsibility of the Auditor General
Public Service Commission
Public Service Commission has been mentioned in Articles 64 to 67 of the Interim Government of Nepal Act 2007. The Process of Formation of the Public Service Commission, its Composition, and selection of Government Officers have all been mentioned in the Constitution.
Election Commission
Election Commission was instituted to conduct Nation-Wide Elections in Nepal. It has been mentioned that readying the Voters List, preparation and surveillance of Election, and finalization of cases related to Election were the major Provisions of the Constitution.
Executive
Part 3 Article 21-27 of the Interim Government of Nepal Act 2007 has mentioned the Executive Organ of Nepali Government.
The King and the Council of Ministers have been provided with Executive Rights and Powers whereas the Royal Army remains solely at the discretion of the King.
The King had more Powers than the Cabinet in executive decisions including the selection of Prime Minister.
As Nepal didn’t actually have a legislative body, Executive Body was the most powerful and the Cabinet with the King had the ability to amend the decision put forth by the Judiciary as well.
Legislature
The Legislative Powers of Nepal had been vested in the King for a temporary Period. In fact, the Right to Amend the Constitution also depended on the King himself.
As the Interim Government of Nepal Act 2007 was only a temporary Constitution, a newer Constitution was to be formed under the Constituent Assembly which would act as the impending Legislature-Parliament.
Judiciary
The Judiciary has been provisioned in Part 3 Article 30 to Article 32 of the Interim Government of Nepal Act 2007. It has been posited Pradhan Nyayalaya was the Supreme or Apex Court of Nepal. Pradhan Nyayalaya has also been declared as the Court of Record.
However, the Chief Justice and the Judges of the Supreme Court were to be appointed by the King under the Recommendation of the Council of Ministers.
Analysis and Consequences of Interim Government of Nepal Act 2007
Despite being the First Implemented Constitution of Nepal, the Interim Government of Nepal Act 2007 carried democratic visions and sentiments including the presence of Fundamental Rights, Judiciary, Constitutional Commissions etc. However, it had its own sets of drawbacks.
International Acceptance
Interim Government of Nepal Act 2007 had both external and internal consequences.
Externally, Nepal was seen as a Democratic Republic with Modern Day legal reforms and an attempt to stay in consensus with the Constitutional Norms of the International Community.
No Constituent Assembly
Although the Constituent Assembly was a key aspect behind the formation of this Temporary Constitution, Nepal never had a Constituent Assembly before 2064. Nepali Congress had requested its formation with Both King Tribhuvan and Mahendra but either delayed or denied it.
In 2015, the Constitution of the Kingdom of Nepal was promulgated but not through a Constituent Assembly.
Absolute Rights to King
The King had been handed Absolute Rights by this Constitution. The King could technically amend the Constitution. He could also appoint the Judges of Pradhan Nyaylaya.
He could also form, reform, and remove Ministers as well as Prime Minister and institute new ones. He also had absolute control over the Royal Army.
Hence, the Interim Government of Nepal Act 2007 commanded Absolute Authority to the King who could act above Law and Constitutionalism. In fact, this Constitution lacks enough Separation of Powers and Independent Judiciary.
Lack of Nepal’s Unique Governance System
The Government of Nepal Act 2004 has posited the formation of Rashtriya Panchayat which had experts and Citizens from all fields as well as District Panchas. However, this Constitution lacks any democratic Body. The Fundamental Doctrines of the Constitution have been inspired by the Indian Constitution.
Conclusion
The Interim Government of Nepal Act 2007 was supposed to be the Democratic Constitution of Nepal that ended the repressive and Freedom curtailing rules and regulations imposed during the Rana Regime, especially by Mohan Shumsher.
However, this Constitution itself had undemocratic and absolute rights that questioned the sole basis of this Constitution. Although it set landmark International Practices in Nepal, it also failed to integrate Nepal’s Unique Administrative Practices.
Cite
Pokhrel, Aupson. “Interim Government of Nepal Act 2007 – the #1 Encyclopedia of Nepali History.” Encyclopedia of Nepali History, 15 Aug. 2023, itihasaa.com/constitution/interim-government-of-nepal-act-2007.
