1.9 Governance System and Government (Federal, Provincial, and Local)

1.9 The Constitution of Nepal (From Part 1 to 5 and Schedules) 📜🇳🇵

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📘 The Constitution of Nepal

• Date of promulgation: Ashwin 03, 2072 (officially promulgated by the President).

• Constitution formed by: The second constituent assembly.

• Published in Nepal Gazette: September 20, 2015 (2072.6.3).

• Amendments:

  • First Amendment: February 28, 2016 (2072.11.16)

  • Second Amendment: June 18, 2020 (2077.03.04)

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✨ Features of the Constitution of Nepal

• First constitution formed by a constituent assembly in Nepal's history.

• Sovereignty and state power vested in the Nepali people.

• Nepal is defined as an Independent, indivisible, Sovereign, Secular, Inclusive, democratic, Socialism-oriented, federal democratic republican State.

• Citizenship by descent can be obtained in the name of father or mother.

• Provision of directive principles, policies, and obligations of the state.

• Single federal citizenship with state identity and Non-Residential Nepali (NRN) citizenship with social, economic, and cultural rights.

• Provision for affirmative action, social justice, proportional inclusion & representation.

• 31 fundamental rights are provisioned, with constitutional remedies in case of violation.

• Four duties are prescribed for every citizen.

• No death penalty (Article 16: Right to Live with Dignity).

• Seven states (provinces) in Nepal.

• Three-tier structure: Federation, State, and Local level.

• Separation of powers and check and balance.

• Bicameral federal parliament: House of Representatives (275 members) and National Assembly (59 members).

• Unicameral state legislature called State Assembly.

• President as head of state.

• Council of Ministers exercises executive power.

• President and Vice-President elected from different gender or community.

• One-third of members elected from each political party in Federal Parliament must be women.

• One woman must be elected as either Speaker or Deputy Speaker.

• One woman must be elected as either Chairperson or Vice-Chairperson.

• Motion of no confidence cannot be tabled until:

  • First two years after appointment of Prime Minister

  • Another one year after failure of a no-confidence motion once tabled

• No amendment shall prejudice sovereignty, territorial integrity, independence, or people's sovereignty.

• State executive power vested in State Council of Ministers.

• Local executive power vested in village or municipal executive.

• District Assembly coordinates between village bodies and municipalities.

• All mother-tongue languages are national languages.

• Nepali in Devanagari script is the official language.

• Federal Council of Ministers limited to 25 members including PM.

• Provincial Council of Ministers limited to 20% of total members of provincial parliament.

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📜 Preamble

We, the Sovereign People of Nepal,

• Internalizing sovereign right, autonomy, and self-rule.

• Maintaining freedom, sovereignty, territorial integrity, national unity, independence, and dignity.

• Recalling historic people's movements, armed conflict, dedication, and sacrifice.

• Ending all forms of discrimination from feudalistic, autocratic, centralized, unitary governance.

• Protecting social/cultural solidarity, tolerance, harmony, and unity in diversity.

• Recognizing multiethnic, multilingual, multi-religious, multicultural, and diverse regional characteristics.

• Resolving to build an egalitarian society based on proportional inclusion and participation.

• Eliminating discrimination based on class, caste, region, language, religion, gender, and untouchability.

• Committed to socialism based on democratic norms: multiparty democracy, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, free press, independent judiciary, and rule of law.

• Aiming to build a prosperous nation.

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📖 Part 1: Preliminary

Article 1: Constitution as the fundamental law

• This Constitution is the fundamental law of Nepal.

• Any law inconsistent with it is void.

• Duty of every person to observe the Constitution.

Article 2: Sovereignty and state authority

• Sovereignty and state authority vested in the Nepalese people.

• Exercised in accordance with the Constitution.

Article 3: Nation

• The Nepalese people, with multiethnic, multilingual, multi-religious, multicultural characteristics and geographical diversities, having common aspirations and united by allegiance to national independence, territorial integrity, national interest, and prosperity, collectively constitute the nation.

Article 4: State of Nepal

• Nepal is an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican state.

• Territory includes:

  • Existing at commencement of Constitution.

  • Acquired thereafter.

Article 5: National interest

• Basic elements:

  • Safeguarding freedom, sovereignty, territorial integrity, nationality, independence, dignity.

  • Rights of Nepalese people, border security, economic well-being, prosperity.

• Acts contrary to national interest are punishable by federal law.

Article 6: Languages of the Nation

• All mother-tongue languages are languages of the nation.

Article 7: Official language

• Nepali in Devanagari script is the official language.

Article 8: National flag

• Two juxtaposed crimson triangles with deep blue borders.

• Upper: White crescent moon with eight visible rays out of sixteen.

• Lower: White twelve-rayed sun.

Article 9: National anthem, etc.

• National anthem: As in Schedule 2.

• Coat of arms: As in Schedule 3.

• National flower: Rhododendron Arboretum.

• National color: Crimson.

• National animal: Cow.

• National bird: Lophophorus (Danphe).

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📄 Part 2: Citizenship

Article 10: Not to deprive of citizenship

• No citizen shall be deprived of the right to obtain citizenship.

• Single federal citizenship with state identity.

Article 11: To be citizens of Nepal

Types of citizenship:

1. Citizenship by descent

2. Naturalized citizens

3. Honorary citizenship

4. Non-residential (NRN) citizenship

Article 12: Citizenship with identity of descent and gender

• Citizenship by descent may be obtained with gender identity by the name of mother or father.

Article 13: Acquisition, reacquisition, and termination

• As provided by federal law.

Article 14: Power to grant non-resident Nepalese citizenship

• Granted to persons who:

  • Acquired foreign citizenship.

  • Resided outside SAARC member states.

• Enjoy economic, social, and cultural rights.

Article 15: Other provisions relating to citizenship

• To be as per federal law.

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⚖️ Part 3: Fundamental Rights and Duties

Article 16: Right to live with dignity

• Every person has the right to live with dignity.

• No death penalty.

Article 17: Right to freedom

• No deprivation of personal liberty except by law.

• Freedoms include:

  • Opinion and expression

  • Peaceful assembly without arms

  • Form political parties

  • Form unions and associations

  • Move and reside anywhere in Nepal

  • Practice any profession

Article 18: Right to equality

• No gender discrimination in remuneration and social security for same work.

• Equal right to ancestral property without gender discrimination.

Article 19: Right to communication

Article 20: Rights relating to justice

• No detention without informing grounds of arrest.

• Right to be informed of proceedings.

Article 21: Right of victim of crime

Article 22: Right against torture

Article 23: Right against preventive detention

Article 24: Right against untouchability and discrimination

Article 25: Right relating to property

Article 26: Right to freedom of religion

Article 27: Right to information

Article 28: Right to privacy

Article 29: Right against exploitation

Article 30: Right to clean environment

Article 31: Right relating to education

• Right to compulsory and free education up to basic level.

• Right to free education up to secondary level.

• Disabled and economically indigent citizens have right to free higher education.

Article 32: Right to language and culture

Article 33: Right to employment

Article 34: Right to labor

Article 35: Right relating to health

Article 36: Right relating to food

Article 37: Right to housing

Article 38: Rights of women

• Equal lineage rights without gender discrimination.

• Right to safe motherhood and reproductive health.

• Equal spousal rights to property and family affairs.

Article 39: Rights of the child

Article 40: Rights of Dalit

Article 41: Rights of senior citizens

• Right to special protection and social security from the State.

Article 42: Right to social justice

Article 43: Right to social security

Article 44: Rights of the consumer

Article 45: Right against exile

• No citizen shall be exiled.

Article 46: Right to constitutional remedies

• Right to obtain constitutional remedies (Article 133 or 144) for enforcement of rights.

Article 47: Implementation of fundamental rights

• State shall make legal provisions for implementation within three years of Constitution commencement.

Article 48: Duties of Citizens

Every citizen shall:

1. Safeguard nationality, sovereignty, and integrity; be loyal to nation.

2. Abide by Constitution and law.

3. Render compulsory service when required by State.

4. Protect and preserve public property.

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🧭 Part 4: Directive Principles, Policies and Obligations of the State

Article 49: To be guiding principles

• Directive principles, policies, and obligations are guiding principles for governance.

• State shall mobilize means and resources for implementation.

Article 50: Directive principles

1. Political objective of the State.

2. Social and cultural objective of the State.

3. Economic objective of the State.

4. State shall direct its international relations.

Article 51: Policies of the State (13 policies)

1. National unity and security

2. Political and governance system

3. Social and cultural transformation

4. Economy, industry, and commerce

5. Agriculture and land reforms

6. Development

7. Basic needs of citizens

8. Labor and employment

9. Tourism

10. International relations

11. Protection, promotion, and use of natural resources

12. Social justice and inclusion

13. Justice and penal system

Article 52: Obligations of the State

• Obligation to make Nepal prosperous and affluent by protecting rights, pursuing directive principles, and implementing policies while safeguarding freedom, sovereignty, territorial integrity, and independence.

Article 53: To submit report

Article 54: Provisions relating to monitoring

Article 55: Questions not to be raised in court

• No court shall question whether matters in this Part have been implemented or not.

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🏛️ Part 5: Structure of State and Distribution of State Power

Article 56: Structure of State

• Three levels: Federation, State, Local level.

• States consist of districts listed in Schedule 4.

• Local level includes Village Bodies, Municipalities, District Assemblies.

Article 57: Distribution of State power

• Federation powers: Schedule 5.

• State powers: Schedule 6.

• Concurrent powers (Federation & State): Schedule 7.

• Local level powers: Schedule 8.

• Concurrent powers (Federation, State, Local): Schedule 9.

Article 58: Residual powers

• Federation has power on matters not enumerated in any list or not specified to be exercised by any level.

Article 59: Exercise of financial powers

• Each level may make laws, budgets, policies, plans on financial matters.

• May impose taxes and collect revenue within their jurisdiction.

• Government of Nepal ensures equitable distribution of revenue.

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📑 Schedules

Schedule 1: National Flag of Nepal

(As described in Article 8)

Schedule 2: National Anthem of Nepal

(Text of national anthem)

Schedule 3: Coat of Arms of Nepal

(Description/design)

Schedule 4: Provinces and Districts

Koshi Pradesh	Madhesh Pradesh	Bagmati Pradesh	Gandaki Pradesh	Lumbini Pradesh
1. Taplejung	1. Saptari	1. Dolakha	1. Gorkha	1. Nawalparasi (West of Bardaghat Susta)
2. Panchthar	2. Siraha	2. Ramechhap	2. Lamjung
3. Ilam	3. Dhanusa	3. Sindhuli	3. Tanahun
4. Sankhuwasabha	4. Mahottari	4. Kavrepalanchok	4. Kaski
5. Tehrathum	5. Sarlahi	5. Sindhupalchok	5. Manang
6. Dhankuta	6. Rautahat	6. Rasuwa	6. Mustang
7. Bhojpur	7. Bara	7. Nuwakot	7. Parbat
8. Khotang	8. Parsa	8. Dhading	8. Syangja
9. Solukhumbu	9. Chitwan	9. Myagdi
10. Okhaldhunga	10. Makawanpur	10. Baglung
11. Udayapur	11. Bhaktapur	11. Nawalparasi (East of Bardaghat Susta)
12. Jhapa	12. Lalitpur
13. Morang	13. Kathmandu
14. Sunsari

Karnali Pradesh	Sudurpaschim Pradesh
1. Rukum (Western)	1. Bajura
2. Salyan	2. Bajhang
3. Dolpa	3. Doti
4. Jumla	4. Achham
5. Mugu	5. Darchula
6. Humla	6. Baitadi
7. Kalikot	7. Dadeldhura
8. Jajarkot	8. Kanchanpur
9. Dailekh	9. Kailali
10. Surkhet

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Schedule 5: List of Federal Powers

1. Defense, military, national security.

2. War and defense.

3. Arms and ammunition factories.

4. Central police, armed police, intelligence, peace, security.

5. Central planning, finance, monetary policies, foreign grants/loans.

6. Foreign affairs, international relations, UN matters.

7. International treaties, extradition, borders, boundary rivers.

8. Telecommunications, radio frequency, TV, postal.

9. Customs, VAT, income tax, tourism fee, penalties.

10. Federal civil service, judicial service.

11. Water resources conservation.

12. Inland and inter-state electricity transmission.

13. Central statistics.

14. Central large electricity, irrigation projects.

15. Central universities, libraries.

16. Health policies, hospitals, disease control.

17. Federal Parliament, Executive, local affairs.

18. International trade, ports, quarantine.

19. Civil aviation, international airports.

20. National transport, railways, highways.

21. Supreme Court, High Courts, District Courts laws.

22. Citizenship, passport, immigration.

23. Atomic energy, air space, astronomy.

24. Intellectual property.

25. Measurement.

26. Mines excavation.

27. Environment, national parks, forests.

28. Insurance, securities, cooperatives.

29. Land use, settlement, tourism policies.

30. Criminal and civil law-making.

31. Security printing.

32. Social security, poverty alleviation.

33. Constitutional bodies, commissions.

34. Archaeological sites, monuments.

35. Any matter not enumerated elsewhere.

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Schedule 6: List of Province Powers

1. State police, peace, order.

2. Banks, financial institutions (per NRB policy), cooperatives, foreign grants with Centre's consent.

3. Radio, FM, TV operation.

4. House/land registration fee, vehicle tax, entertainment tax, advertisement tax, tourism tax, service charge.

5. State civil service.

6. State statistics.

7. State electricity, irrigation, water supply.

8. State universities, libraries, museums.

9. Health services.

10. State Assembly, Council of Ministers matters.

11. Intra-state trade.

12. State highways.

13. State investigation bureau.

14. Management of state offices.

15. State Public Service Commission.

16. Land management, records.

17. Mines exploration.

18. Protection of languages, scripts, cultures, arts, religions.

19. Use of forests, waters, environment within state.

20. Agriculture, livestock, industries, trade, business, transport.

21. Management of trusts (Guthi).

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Schedule 7: Concurrent Powers of Federation and Province

1. Civil/criminal procedure, evidence, oaths.

2. Essential goods supply, price control, quality.

3. Preventive detention, prison management, peace.

4. Transfer of accused/prisoners between states.

5. Family law (marriage, divorce, adoption, succession).

6. Property acquisition, requisition.

7. Contracts, cooperatives, partnership.

8. Bankruptcy, insolvency.

9. Drugs, pesticides.

10. Planning, family planning, population.

11. Social security, employment, trade unions, labor disputes.

12. Legal profession, auditing, engineering, medicine, veterinary.

13. State boundary rivers, environment, biodiversity.

14. Means of communication.

15. Industries, mines, infrastructure.

16. Casino, lottery.

17. Disaster preparedness, rescue, rehabilitation.

18. Tourism, water supply, sanitation.

19. Motion pictures, cinema, sports.

20. Insurance business.

21. Poverty alleviation, industrialization.

22. Scientific research, technology, HR development.

23. Use of inter-state forests, mountains, waters.

24. Land policies.

25. Employment, unemployment benefits.

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Schedule 8: List of Local Level Powers

1. Town police.

2. Cooperative institutions.

3. FM operation.

4. Local taxes (wealth tax, house rent tax, vehicle tax, business tax, land revenue, penalties).

5. Local services management.

6. Local statistics, records.

7. Local development plans.

8. Basic and secondary education.

9. Basic health, sanitation.

10. Local markets, environment, biodiversity.

11. Local roads, irrigation.

12. Management of Village/Municipal/District Assemblies, local courts, mediation.

13. Local records.

14. Distribution of house/land ownership certificates.

15. Agriculture, animal husbandry, cooperatives.

16. Senior citizens, disabled persons management.

17. Unemployment statistics.

18. Agricultural extension.

19. Water supply, small hydropower, alternative energy.

20. Disaster management.

21. Watershed, wildlife, mines protection.

22. Protection of languages, cultures, fine arts.

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Schedule 9: List of Concurrent Powers of Federation, Province and Local Level

1. Cooperatives

2. Education, health and newspapers

3. Health

4. Agriculture

5. Services such as electricity, water supply, irrigation

6. Service fee, charge, penalty and royalty from natural resources, tourism fee

7. Forests, wildlife, birds, water uses, environment, ecology and biodiversity

8. Mines and minerals

9. Disaster management

10. Social security and poverty alleviation

11. Personal events, births, deaths, marriages and statistics

12. Archaeology, ancient monuments and museums

13. Landless squatters management

14. Royalty from natural resources