Salient Features of the

Constitution of Nepal 2015

By Swikar Dahal

Introduction▪ Finally, Nepal has succeeded to draft and promulgate the new

constitution through the Constituent Assembly (CA). The Constitution of Nepal 2015 (2072) is the seventh constitution of Nepal. The CA accomplished the historic task after a constant effort lasting for eight years.

▪ The dream of promulgating the new constitution through the CA has now been materialized with the promulgation of the new constitution by the President Dr. Ram Baran Yadav on September 20, 2015.

▪ The President issued the new constitution a day after it was authenticated by CA chair Subas Chandra Nembang and endorsed by overwhelming majority of more than two-thirds members of the CA. The Bill of the new constitution was also accepted with more than a two-third majority on September 16, 2015. Altogether 507 CA members voted for the Bill while 25 lawmakers of the Rastriya Prajatantra Party-Nepal voted against it. Besides CA chairman Nembang, a total of 532 CA members participated in the voting process. Only 57 out of total 598 sitting members (the CA had strength of 601 members) boycotted the voting process. Likewise, 85 per cent out of 89 per cent members present in the CA supported the adaptation of the new constitution.

The new Constitution has 308 Articles, nine Annexes and Preamble. The preamble of the constitution also mentions people's competitive multi-party democratic system, civic freedom, fundamental rights, human rights, period election, voting rights, full press freedom, independent, fair and competent judiciary, building of a prosperous nation with the commitment to socialism based on rule of law, and democratic norms and values, and durable peace, good governance, development through the federal democratic republic. 

Major Achievements

▪ Institutionalization of Federal Democratic Republic: With the promulgation of the new constitution, the federal democratic republican set up of the nation has been institutionalized. It is a big blow to the regressive forces which wanted to reinstate the monarchy in the name of religion and so on. Introduction of federal structure is a new experiment in Nepal. The nation has got seven provinces against the unitary state.

▪ End of prolonged transition: The promulgation of the new constitution has ended prolonged transition that the nation had been witnessing after the Royal coup and its counter product that is 12-point agreement signed between the seven-party alliance and the then insurgent party CPN-Maoist on November 22, 2005. The people's movement held on 2006 in April had brought several changes including the abolition of the 240-year long rule of the Shah dynasty.

▪ Sovereignty vested on the people: The new constitution has made the proclamation that the sovereignty is vested on the people. Unlike the previous constitution, the seventh constitution of the nation has entitled the state power and ruling power to the people. It is a major achievement of the new constitution.

Improved Parliamentary system:This constitution has managed the provision of ceremonial president and executive prime minister by defining their rights in the constitution. The constitution has ensured executive rights on the elected prime minister.

Provision of Advanced Constitutional Commissions: The new constitution has provisioned several commissions including National Inclusive Commission, National Dalit Commission, National Human Rights Commission, Language Commission, National Natural Resource and Finance Commission and so on.

Economic Social Transformation:With the promulgation of the new constitution, the nation has set the new way for economic and social transformation which the nation and its people were waiting for long. It has ended the prolonged political transition and marked the era of peace, stability and economic prosperity.

Likewise, the political parties managed to settle several issues ranging from citizenship issue to electoral system. The political parties, the key actors of the democratic system, proceeded every step cautiously to ensure the promulgation of the new constitution. This time, people witnessed longstop date on behalf of political parties to guarantee the new constitution through CA. It is a historic achievement. The nation is saved from being a laboratory to experiment the constitution making as the political parties and their leadership showed maturity. Rest of the issues could be addressed through the amendment process. There are several challenges for the effective implementation of the new constitution.

References:

▪ http://therisingnepal.org.np/news/6835▪ http://bipinadhikari.com.np/quick_comme

nts_ind.php?id=76▪ http://kathmandupost.ekantipur.com/new

s/2015-09-16/salient-features-of-the-new-constitution.html

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