[This translated version of the Constitution of Nepal is copyrighted by Himalayan Research Bulletin.Vol. XI, Nos. 1-3. 1991. ASNIC is grateful to the Editor of the Bulletin, and to Ter Ellingson for giving their permission to reproduce it in the ASNIC Web.]
WHEREAS, We are convinced that the source of sovereign authority of the
independent and sovereign Nepal is inherent in the people, and, therefore, We
have, from time to time, made known our desire to conduct the government of the
country in consonance with the popular will;
AND WHEREAS, in keeping with the desire of the Nepalese people expressed
through the recent people's movement to bring about constitutional changes, we
are further inspired by the objective of securing to the Nepalese people
social, political and economic justice long into the future;
AND WHEREAS, it is expedient to promulgate and enforce this Constitution, made
with the widest possible participation of the Nepalese people, to guarantee
basic human rights to every citizen of Nepal; and also to consolidate Adult
Franchise, the Parliamentary System of Government, Constitutional Monarchy and
the System of Multi Party Democracy by promoting amongst the people of Nepal
the spirit of fraternity and the bond of unity on the basis of liberty and
equality; and also to establish an independent and competent system of justice
with a view to transforming the concept of the Rule of Law into a living
reality:
NOW, THEREFORE, keeping in view the desire of the people that the State
authority and sovereign powers shall, after the commencement of this
Constitution, be exercised in accordance with the provisions of this
Constitution, I, KING BIRENDRA BIR BIKRAM SHAH DEVA, by virtue of the State
authority as exercised by Us, do hereby promulgate and enforce this
CONSTITUTION OF THE KINGDOM OF NEPAL on the recommendation and advice, and with
the consent of the Council of Ministers.
Having common aspirations and united by a bond of allegiance to national
independence and integrity of Nepal, the Nepalese people irrespective of
religion, race, caste or tribe, collectively constitute the nation.
The sovereignty of Nepal is vested in the Nepalese people and shall be
exercised in accordance with the provisions of this Constitution.
The national flag of Nepal, as handed down by tradition, consists of two
juxtaposed triangular figures with a crimson-coloured base and deep blue
borders, there being a white emblem of the crescent moon with eight rays
visible out of sixteen in the upper part and a white emblem of a twelve rayed
sun in the lower part. The method of drawing out the flag and other
particulars relating thereto shall be as set forth in Schedule 1.
At the commencement of this Constitution, the following persons who have their
domicile in Nepal shall be deemed to be citizens of Nepal:
Provided that this clause shall not be applicable in the case of descendants of
naturalized citizens.
Notwithstanding anything contained in Article 9, honorary citizenship may be
granted to an internationally renowned person.
Provided that special provisions may be made by law for the protection and
advancement of the interests of women, children, the aged or those who are
physically or mentally incapacitated or those who belong to a class which is
economically, socially or educationally backward.
(1) No person shall be deprived of his personal liberty save in accordance with
law, and no law shall be made which provides for capital punishment.
Provided that -
(1) nothing in sub-clause (a) shall be deemed to prevent the making of laws to
impose reasonable restrictions on any act which may undermine the sovereignty
and integrity of the Kingdom of Nepal, or which may jeopardize the harmonious
relations subsisting among the peoples of various castes, tribes or
communities, or on any act of sedition, defamation, contempt of court or
incitement to an offence; or on any act which may be contrary to decent public
behaviour or morality;
(2) nothing in sub-clause (b) shall be deemed to prevent the making of laws to
impose reasonable restrictions on any act which may undermine the sovereignty,
integrity or law and order situation of the Kingdom of Nepal;
(3) nothing in sub-clause (c) shall be deemed to prevent the making of laws to
impose reasonable restrictions on any act which may undermine the sovereignty
and integrity of the Kingdom of Nepal, which may jeopardize the harmonious
relations subsisting among the peoples of various castes, tribes or
communities, which may instigate violence, or which may be contrary to public
morality;
(4) nothing in sub-clause (d) shall be deemed to prevent the making of laws
which are in the interest of the general public, or which are made to impose
reasonable restrictions on any act which may jeopardize the harmonious
relations subsisting among the peoples of various castes, tribes or
communities;
(5) nothing in sub-clause (e) shall be deemed to prevent the making of laws to
impose restriction on any act which may be contrary to public health or
morality, to confer on the State the exclusive right to undertake specified
industries, businesses or services; or to impose any condition or qualification
for carrying on any industry, trade, profession or occupation.
Explanation: For the purpose of this clause, the words "legal
practitioner" shall mean any person who is authorised by law to represent any
person in any court.
Every citizen shall have the right to demand and receive information on any
matter of public importance;
Provided that nothing in this Article shall compel any person to provide
information on any matter about which secrecy is to be maintained by law.
No citizen shall be exiled.
Except as provided by law, the privacy of the person, house, property,
document, correspondence or information of anyone is inviolable.
The right to proceed in the manner set forth in Article 88 for the enforcement
of the rights conferred by this Part is guaranteed.
Expenditures and privileges relating to His Majesty and the Royal Family shall
be as determined by law:
Provided that no law shall be made having the effect of reducing the
expenditures and privileges being provided by the existing law.
No question shall be raised in any court about any act performed by His
Majesty:
Provided that nothing in this Article shall be deemed to restrict any right
under law to initiate proceedings against His Majesty's Government or any
employee of His Majesty.
Notwithstanding anything contained in Articles 36 and 37, any person who is not
a member of either House of Parliament may be appointed Deputy-Prime Minister,
Minister, State Minister or Assistant-Minister:
Provided that such Deputy-Prime Minister, Minister, State Minister or
Assistant-Minister shall be required to become a member of Parliament within
six months from the date of his appointment.
The remuneration and other privileges of the Prime Minister, Deputy-Prime
Minister, Ministers, State Ministers and Assistant-Ministers shall be as
determined by an Act, and until so determined, shall be as specified in rules
made by His Majesty.
The Prime Minister, Deputy-Prime Minister, and other Ministers shall take their
oaths of office and secrecy before His Majesty, and the State Ministers and
Assistant-Ministers before the Prime Minister.
There shall be a Legislature, to be called Parliament, which shall consist of
His Majesty and two Houses, namely the House of Representatives and the
National Assembly.
Explanation: For the purpose of this sub-clause, "office of profit" means any
position, other than a political position, to be filled by election or
nomination for which a remuneration or economic benefit is paid out of a
Government Fund.
If a question arises as to whether a member of Parliament is disqualified or
has ceased to possess any of the qualifications set forth in Article 47, the
final decision shall be made by the Chief Justice of Nepal or any other Judge
of the Supreme Court designated by him.
The members of each House of Parliament shall, before taking part for the first
time in a meeting of that House or any of its committees, take an oath in the
specified form.
Provided that, after the dissolution of the House of Representatives, the
Speaker and Deputy-Speaker shall continue in office until the date of the
filing of nominations for election to the House of Representatives; or
Except as otherwise provided in this Constitution, no resolution shall be
presented for decision in either House of Parliament unless one-fourth of the
total number of members of the concerned House are present.
Either House of Parliament shall have the power to transact its business
notwithstanding any vacancies in the seats of its members; and no proceedings
shall become invalid even if it is subsequently discovered that a person not
entitled to take part in the proceedings of either House had participated
therein.
Except as otherwise provided in this Constitution, all questions submitted for
decision in either House of Parliament shall be decided by a majority vote of
the members present and voting. Normally the member presiding shall not have
the right to vote, but he may exercise his casting vote in the case of tie.
A Minister shall be entitled to attend and take part in the proceedings and
deliberations of either House of the Parliament and its committees:
Provided that he shall not be entitled to vote in a House or committee of which
he is not a member.
If a person sits or votes in a meeting of either House of Parliament as a
member without taking an oath pursuant to Article 50, or knowing that he is not
qualified for membership in the House, he shall, on order of the person
chairing the House, be liable to a fine of one thousand rupees for each day of
such presence or voting. The fine shall be recovered as government dues.
(8) If a person is in contempt of either House of Parliament, the Chairperson
of the concerned House may, after a decision by the House to that effect,
admonish, warn or impose a sentence of imprisonment not exceeding three months,
to remain effective only during the current session of the House, or impose a
fine of up to five thousand rupees on such person. The fine shall be recovered
as government dues:
The House of Representatives may, by rules, regulate the constitution and
management of Committees on Finance, Public Account, Human Rights, Foreign
Relations, Natural Resources, Protection of the Environment, Population and
such committees on other subjects as required.
The remuneration and privileges of the Speaker and Deputy Speaker of the House
of Representatives, the Chairman and Vice-Chairman of the National Assembly and
members of Parliament shall be determined by law, and until so determined,
shall be as specified by His Majesty.
A Bill may be withdrawn by the member introducing it with the approval of the
House.
Explanation: If the two Houses of Parliament meet on different dates, the
latter date on which a House commences its session shall be deemed to be the
date of commencement of session for the purpose of computation of time under
this clause.
Except the revenues of religious endowments[9], all revenues received by His
Majesty's Government, all loans raised on the security of revenues and all
moneys received in repayment of any loan made under the authority of any Act
shall, unless otherwise provided by an Act, be credited to a Government Fund to
be known as the Consolidated Fund.
No expenditure shall be incurred out of the Consolidated Fund or any other
Government Fund except the following: -
The expenditures related to the following matters shall be charged on the
Consolidated Fund and yearly approval of Parliament for these expenditures
shall not be required: -
(1) the Speaker and Deputy-Speaker of the House of Representatives;
(2) the Chairman and Vice-Chairman of the National Assembly;
(3) the Chairman and members of the Standing Committee of the Raj Parishad;
(4) the Chief Commissioner and other Commissioners of the Commission for the
Investigation of the Abuse of Authority;
(5) the Auditor-General;
(6) the Chairman and members of the Public Service Commission; and
(7) the Chief Election Commissioner and other Election Commissioners.
The moneys required to meet the expenditure-to be provided for by any
Appropriation Act shall be specified under appropriate heads in an
Appropriation Bill.
Notwithstanding anything contained in this Part, if owing a local or national
emergency due to either natural cause, a threat of external aggression or
internal disturbances, or other reasons, His Majesty is of the opinion that it
is impractical or inexpedient in view of the security or interest of the State
to specify the details required under Article 77, He may cause to be laid
before the House of Representatives a Vote of Credit Bill giving only a
description of the proposed expenditures.
An Act may create a Contingency Fund into which shall be paid from time to time
such moneys as may be determined by law. Such Fund shall be under the control
of His Majesty's Government, and any unforeseen expenditures shall be met out
of such Fund by His Majesty's Government. The amount of the expenditures so
met shall be reimbursed as soon as possible by an Act.
Matters relating to the transfer of moneys appropriated from one head to
another and other financial procedures shall be regulated by an Act.
Powers relating to Justice in the Kingdom of Nepal shall be exercised by courts
and other judicial institutions in accordance with the provisions of this
Constitution, the laws and the recognized principles of justice.
Explanation: For the purpose of this clause, services rendered prior to
the commencement of this Constitution as a Judge of a Regional Court or Zonal
Court shall be deemed as service rendered in an Appellate Court.
Provided that nothing in this clause shall be deemed to be a bar to his
appointment to a political position, to a position concerning judiciary inquiry
or to a position in which his responsibility extends to giving his advice,
opinions and recommendations on the basis of study, research and investigation
in the field of justice or law.
The establishment, management and jurisdiction of the Appellate Courts,
District Courts and other courts subordinate to the Supreme Court shall be
determined by law subject to this Constitution.
Provided that nothing herein shall prevent the continuance or the reappointment
of the Judges who at the commencement of this Constitution are working as
Judges.
A Judge shall not be transferred to, or engaged in, or deputed to, any work
except that of a Judge.
Provided that His Majesty may, in consultation with the Judicial Council,
depute for a specified period a Judge of the Supreme Court or a Chief Judge of
any Appellate Court to work concerning judicial inquiry, to legal or judicial
investigation or research, or to any other work of national concern. With
regard to other Judges of the Appellate Courts and District Courts, the Chief
Justice may, in consultation with the Judicial Council, depute them to the
above works, including election works.
Provided that His Majesty's Government shall consult the Public Service
Commission for the purpose of permanent recruitment to gazetted posts of the
Judicial Service from persons who are not already in the Government Service or
from persons being promoted from non-gazetted to gazetted posts within the
Judicial Service.
It shall be the duty of His Majesty's Government and the offices and officials
subordinate to His Majesty's Government to act in aid of the Supreme Court and
other courts in carrying out the functions of dispensing justice.
Provided that the Commission for the Investigation of Abuse of Authority shall
not have jurisdiction over the following officials: -
Provided that nothing in this Clause shall be a bar to appointment to any
position of a political nature, or to any position which has the responsibility
of making investigations, inquiries or to any position which has the
responsibility of submitting advice, opinions or recommendations after carrying
out studies or research on any subject.
Explanation: For the purposes of this Article, all services and
positions in His Majesty's Government shall be deemed included within the Civil
Service, except Army Officers and Soldiers, the service and positions of Police
Personnel, and such other services and positions as are excluded from the Civil
Service or positions [sic] by any law.
Provided that the terms and conditions mentioned in this sub-clause shall not
apply to the contesting of the first election to the House of Representatives
held pursuant to this Constitution.
Explanation: If any candidate belonging to a party which has secured less than
three percent of the total votes cast is elected to the House of
Representatives, such person shall be deemed to be an independent not belonging
to an organisation or party.
For the purposes of elections to the House of Representatives, at least five
percent of the total number of candidates contesting an election from any
organization or party must be women candidates.
Provided that the right to the remedy of habeas corpus under Article 23
shall not be suspended.
Matters relating to the conditions of service of the employees of the Royal
Palace including those of appointment, dismissal, salary, allowances, leave and
pension shall be as determined by rules made by His Majesty at his discretion.
His Majesty shall have the power to grant pardons and to suspend, commute or
remit any sentence passed by any court, special court, military court or by any
other judicial, quasi-judicial or administrative authority or institution.
His Majesty's Government may, in order to run the administration of the
country, constitute services as may be required. The constitution, operation
and conditions of service thereof shall be as determined by an Act.
In order to be eligible for appointment to constitutional positions under this
Constitution, a person must either be a citizen of Nepal by birth or descent,
or be a person who, as a naturalised citizen, has resided in Nepal for at least
ten years.
Provided that out of the treaties and agreements referred to in sub-clauses (a)
and (d), if any treaty or agreement is of an ordinary nature, which does not
affect the nation extensively, seriously, or in the long term, the ratification
of, accession to, acceptance of or approval of such treaty or agreement may be
done at a meeting of the House of Representatives by a simple majority of the
members present.
If any difficulty arises in connection with the implementation of this
Constitution, His Majesty may issue necessary Orders to remove such difficulty
and such Orders shall be laid before Parliament.
After the commencement of this Constitution, His Majesty shall have the power
to enact laws as required on the recommendation and advice, and with the
consent of the Council of Ministers until the commencement of the first session
of Parliament.
Provided that His Majesty may, if necessary, relieve any constitutional
official before the expiry of the said period.
All laws in force at the commencement of this Constitution shall remain in
operation until repealed or amended:
Provided that laws inconsistent with this Constitution shall, to the extent of
inconsistency, ipso-facto cease to operate one year after the
commencement of this Constitution.
(Relating to Article 5)
Explanation: The lines HI, RS, FE, ED, JG, OQ, JK and UV are imaginary.
Similarly, the external and internal circles of the sun and the other arcs
except the crescent moon are also imaginary. These are not shown on the flag.
(Relating to Clause (1) of Article 7)
SHRIMAN GAMBHIRA NEPALI PRACHANDA PRATAPI BHUPATI
SHREE PANCH SARKAR
MAHARAJADHIRAJAKO SADA RAHOS UNNATI
RAKHUN CHIRAYU EESHALE. PRAJA FAILIYOS
PUKARAUN JAYA PREMALE
HAMI NEPALI SARALE.
BAIRI SARA HARAUN SHANT HOUN
SABAI BIGHNA VYATHA.
GAUN SARA DUNIYALE SAHARSHA NATHKO
SUKIRTI-KATHA
RAKHAUN SHASANA, BHARI BEERTALE, NEPAL MATHI SANDHAI
NATHKO
SHRI HOS THULO HAMI NEPALIKO
(Relating to clause (3) of Article 7)