Introduction to the Constitution of Nepal (2015)

The current Constitution of Nepal was promulgated on September 20, 2015 (2072 Ashoj 3) by President Dr. Ram Baran Yadav. It represents the seventh constitution in Nepal’s history and the sixth to be officially implemented. Developed by a popularly elected Constituent Assembly, it marks the nation’s final transition from a unitary monarchy to a Federal Democratic Republic.

1. Salient Features & Governance Structure

The constitution consists of 35 Parts, 308 Articles, and 9 Schedules. It establishes a three-tier governance structure: Federal, Provincial (7 provinces), and Local levels.

• State Authority: Sovereignty and state authority are vested in the Nepali people.
  
• Secularism: Nepal is defined as a secular state, which the constitution clarifies as the protection of ancient religions and cultures alongside religious freedom.
  
• Citizenship: It provides for single federal citizenship with provincial identity.
  

2. Fundamental Rights and Directive Principles

A core component of the 2015 Constitution is its extensive focus on social justice and human rights:

• Fundamental Rights: There are 31 fundamental rights guaranteed in Part 3 (Articles 16 to 46). Notable new additions include the Right to live with dignity, Right of victims of crime, and specific rights for Dalits, senior citizens, and consumers.
  
• Directive Principles: These serve as the state’s guiding “rule book,” outlining political, social, and economic objectives—such as building an egalitarian society and a socialism-oriented economy.
  

3. Distribution of Power & Separation of Powers

The constitution defines a clear distribution of state power among the three levels of government through Schedules 5 to 9:

• Executive: Power is vested in the Council of Ministers. The President serves as the ceremonial Head of State, while the Prime Minister leads the executive.
  
• Legislature: A bicameral Federal Parliament consisting of the House of Representatives (275 members) and the National Assembly (59 members).
  
• Judiciary: An independent, integrated judiciary featuring a three-tier court system: Supreme Court, High Courts, and District Courts. A Constitutional Bench is established within the Supreme Court to resolve constitutional disputes.
  

4. Checks and Balances

To prevent the abuse of power, the constitution incorporates a system of checks and balances:

• Legislative over Executive/Judiciary: The parliament can pass a vote of no confidence against the PM (after an initial two-year period) and initiate impeachment against the Chief Justice or heads of constitutional bodies.
  
• Judiciary over Others: The Supreme Court has the power of Judicial Review to declare any law void if it is inconsistent with the constitution.
  

5. Historical Evolution

The document is the result of a long evolution from religious codes (like the Manav Nyayashastra and Mundhum) to modern legal frameworks. It traces a path from the first written document (the Government of Nepal Act, 1948) through various monarchical and interim phases to the current inclusive and federalist legal framework.