THE CONSTITUTION OF THE KINGDOM OF NEPAL 2047 (1990)

PART 1
Preliminary

1. Constitution as the Fundamental Law :

(1) This Constitution is the fundamental law of Nepal and all laws inconsistent with it shall, to the extent of such inconsistency, be void.

(2) It shall be the duty of every person to uphold the provisions of this Constitution.

2. The Nation:

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.

3. The Sovereignty:

The sovereignty of Nepal is vested in the Nepalese people and shall be exercised in accordance with the provisions of this Constitution.

4. The Kingdom:

(1) Nepal is a multiethnic, multilingual, democratic, independent, indivisible, sovereign, Hindu and Constitutional Monarchical Kingdom.

(2) The territory of Nepal shall comprise:

a.       the territory existing at the commencement of this Constitution; and

b.      such other territory as may be acquired after the commencement of this Constitution.

5. National Flag:

The national flag of Nepal, as handed down by tradition, consists of two juxtaposed triangular figures with a crimson-colored 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.

6. Language of the Nation:

(1) The Nepali language in the Devnagari script is the language of the nation of Nepal. The Nepali language shall be the official language.

(2) All the languages spoken as the mother tongue in the various parts of Nepal are the national languages of Nepal.

7. National Anthem etc.:

(1) The national anthem of Nepal shall be as provided in Schedule 2. ( 2 ) The Rhododendron Arboreum shall be the national flower, Crimson Color shall be the national color, the Cow shall be the national animal and the Lophophorus shall be the national bird of Nepal. ( 3 ) The coat-of-arms of Nepal shall be as set forth in Schedule 3. The coat-of-arms may be enlarged or reduced as required, and such color shall be used therein as specified by His Majesty's Government.

PART 2
Citizenship

8. Citizenship at the Commencement of the Constitution:

At the commencement of this Constitution, the following persons who have their domicile in Nepal shall be deemed to be citizens of Nepal:

a.       any person who is a citizen of Nepal by virtue of Article 7 of the Constitution of Nepal (1962) or section 3 of the Nepal Citizenship Act, 1964,

b.      any person who has acquired naturalized citizenship of Nepal by virtue of section 6 of the Nepal Citizenship Act, 1964.

9. Acquisition and Termination of Citizenship after the Commencement of the Constitution:

(1) A person who is born after the commencement of this Constitution and whose father is a citizen of Nepal at the birth of the child shall be a citizen of Nepal by descent.

(2) Every child who is found within the Kingdom of Nepal and the whereabouts of whose parents are not known shall, until the father of the child is traced, be deemed to be a citizen of Nepal by descent.

(3) Whenever any territory is acquired by way of incorporation into the Kingdom of Nepal, every person having his domicile within such territory shall become a citizen of Nepal, subject to the provisions of existing laws.

(4) After the commencement of this Constitution, the acquisition of citizenship of Nepal by a foreigner may be regulated by law which may, inter alia, require the fulfillment of the following conditions:

a.       that he can speak and write the language of the nation of Nepal;

b.      that he is engaged in any occupation in Nepal;

c.       that he has renounced his citizenship of another country; and

d.      that he has resided in Nepal for at least fifteen years.

(5) Notwithstanding anything contained in clause (4), a woman of foreign nationality who has a matrimonial relationship with a Nepalese citizen and who has initiated proceedings for renunciation of her foreign citizenship, and any other person, who has renounced the citizenship of Nepal and has gone to a foreign country but who has renounced his foreign citizenship, may acquire the citizenship of Nepal .

(6) Notwithstanding anything contained in sub-clauses (b) and (d) of clause (4), the son or daughter or descendant of a citizen of Nepal and who has resided in Nepal for a period of at least two years may acquire the citizenship of Nepal on such terms and conditions as may be prescribed by law:

Provided that this clause shall not be applicable in the case of descendants of naturalized citizens.

(7) The termination of the citizenship of Nepal shall be as determined by law.

10. Conferment of Honorary Citizenship:

Notwithstanding anything contained in Article 9, honorary citizenship may be granted to any internationally renowned person.
 

PART3
Fundamental Rights

11. Right to Equality :

(1) All citizens shall be equal before the law. No person shall be denied the equal protection of the laws.

(2) No discrimination shall be made against any citizen in the application of general laws on grounds of religion, race, sex, caste, tribe or ideological conviction or any of these.

(3) The State shall not discriminate citizens among citizens on grounds of religion, race, sex, caste, tribe or ideological conviction or any of these:

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.

(4) No person shall, on the basis of caste, be discriminated against as untouchable-, be denied access to any public place, or be deprived of the use of public utilities. Any contravention of this provision shall be punishable by law.

(5) No discrimination in regard to remuneration shall be made between men and women for the same work.

12. Right to Freedom:

(I) 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.

(2) All citizens shall have the following freedoms:-

freedom of opinion and expression;

freedom to assemble peaceably and without arms;

freedom to form unions and associations;

freedom to move throughout the Kingdom and reside in any part thereof;

freedom to practice any profession, or to carry on any occupation, or trade:

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 offense; or on any act which may be contrary to decent public behavior 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 restrictions 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 .

13. Press and Publication Right:

(1) No news item, article or other reading material shall be censored:

Provided that nothing shall 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 offense; or on any act which may be contrary to decent public behavior or morality.

(2) No press shall be closed or seized for printing any news item, article or other reading material.

(3) The registration of a newspaper or periodical shall not be canceled merely for publishing any news item, article or other reading material .

14. Right Regarding Criminal Justice:

(1) No person shall be punished for an act which was not punishable by law when the act was committed, nor shall any person be subjected to a punishment greater than that prescribed by the law in force the time of the commission of the offense.

(2) No person shall be prosecuted or punishes for the same offense in a court of law more than once .

(3) No person accused of any offense shall be compelled to be a witness against himself.

(4) No person who is detained during investigation or for trial or for any other reason shall be subjected to physical or mental torture, nor shall be given any cruel, inhuman or degrading treatment. Any person so treated shall be 1 compensated in a manner as determined by law.

(5) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall be denied the right to consult and be defended by a legal practitioner of his choice.

Explanation:- For the purpose of this clause, the words "legal practitioner" shall mean any person who is authorized by law to represent any person in any court.

(6) Every person who is arrested and detained in custody shall be produced before a judicial authority within a period of twenty-four hours after such arrest, excluding the time necessary for the journey from the place of arrest to such authority, and no such person shall be detained in custody beyond the said period except on the order of such authority.

(7) Nothing in clauses (5) and (6) shall apply to a citizen of an enemy state, and nothing in clause (6) shall apply to any person who is arrested or detained under any law providing for preventive detention .

15. Right against Preventive Detention:

(1) No person shall be held under preventive detention unless there is a sufficient ground of existence of an immediate threat to the sovereignty, integrity or law and order situation of the Kingdom of Nepal.

(2) Any person held under preventive detention shall, if his detention was contrary to law or in bad faith, have the right to be compensated in a manner as prescribed by law.

16. Right to Information:

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.

17. Right to Property:

(1) All citizens shall, subject to the existing laws, have the right to acquire, own, sell and otherwise dispose of, property.

(2) The State shall not, except in the public interest, requisition, acquire or create any encumbrance on, the property of any person. (3) The basis of compensation and procedure for giving compensation for any property requisitioned, acquired or encumbered by the State in the public interest, shall be as prescribed by law.

18. Cultural and Educational Right:

(1) Each community residing within the Kingdom of Nepal shall have the right to preserve and promote its language, script and culture.

(2) Each community shall have the right to operate schools up to the primary level in its own mother tongue for imparting education to its children.

19. Right to Religion:

(1)Every person shall have the freedom to profess and practice his own religion as handed down to him from ancient times having due regard to traditional practices:

Provided that no person shall be entitled to convert another person from one religion to another.

(2) Every religious denomination shall have the right to maintain its independent existence and for this purpose to manage and protect its religious places and trusts.

20. Right against Exploitation:

(1) Traffic in human beings, slavery, serfdom or forced labor in any form is prohibited. Any contravention of this provision shall be punishable by law:

Provided that nothing herein shall be a bar to providing by law for compulsory service for public purposes.

(2) No minor shall be employed to work in any factory or mine, or be engaged in any other hazardous work.

21. Right against Exile:

No citizen shall be exiled.

22. Right to Privacy:

Except as provided by law, the privacy of the person, house, property, document, correspondence or information of anyone is inviolable.

23. Right to Constitutional Remedy:

The right to proceed in the manner set forth in Article 88 for the enforcement of the rights conferred by this Part is guaranteed .
 

PART 4
Directive Principles and Policies of The State

24. Application of Directive Principles and Policies:

(1) The principles and policies contained in this Part shall not be enforceable in any court.

(2) The principles and policies contained in this Part shall be fundamental to the activities and governance of the State and shall be implemented in stages through laws within the limits of the resources and the means available in the country.

25. Directive Principles of the State:

(1) It shall be the chief objective of the State to promote conditions of welfare on the basis of the principles of an open society, by establishing a just system in all aspects of national life, including social, economic and political life, while at the same time protecting the lives, property and liberty of the people.

(2) The fundamental economic objective of the State shall be to transform the national economy into an independent and self-reliant system by preventing the available resources and means of the country from being concentrated within a limited section of society, by making arrangements for the equitable distribution of economic gains on the basis of social justice, by making such provisions as will prevent economic exploitation of any class or individual, and by giving preferential treatment and encouragement to national enterprises, both private and public.

( 3 ) The social objective of the State shall be to establish and develop, on the foundation of justice and morality, a healthy social life, by eliminating all types of economic and social inequalities and by establishing harmony amongst the various castes, tribes, religions, languages, races and communities.

(4) It shall be the chief responsibility of the State to maintain conditions suitable to the enjoyment of the fruits of democracy through wider participation of the people in the governance of the country and by way of decentralization, and to promote general welfare by making provisions for the protection and promotion of human rights, by maintaining tranquillity and order in the society.

(5 ) The State, in its international relations, shall be guided by the objective of enhancing the dignity of the nation in the international arena by maintaining the sovereignty, integrity and independence of the country.

26. State Policies:

(1) The State shall pursue a policy of raising the standard of living of the general public through the development of infrastructures such as education, health, housing and employment of the people of all regions, by equitably distributing investment of economic resources for balanced development in the various geographical regions of the country.

(2) The State shall, while maintaining the cultural diversity of the country, pursue a policy of strengthening the national unity by promoting healthy and cordial social relations amongst the various religions, castes, tribes, communities and linguistic groups, and by helping in the promotion of their languages, literatures, scripts, arts and cultures.

(3) The State shall pursue a policy of mobilizing the natural resources and heritage of the country in a manner which might be useful and beneficial to the interest of the nation.

(4) The State shall give priority to the protection of the environment and also to the prevention of its further damage due to physical development activities by increasing the awareness of the general public about environmental cleanliness, and the State shall also make arrangements for the special protection of the rare wildlife, the forests and the vegetation .

(5) The State shall create conditions for economic progress of the majority of the people, who are dependent on agriculture, by introducing t measures which will help in raising productivity in the agriculture sector and develop the agricultural sector on the principles of industrial growth by launching land reform programs.

(6) The State shall pursue a policy of increasing the participation of the labor force, the chief socio-economic force of the country, in the management of enterprises by gradually securing employment opportunities to it, ensuring the right to work, and thus protecting its rights and interests.

( 7 ) The State shall pursue a policy of making the female population participate, to a greater extent, in the task of national development by making special provisions for their education, health and employment.

(8) The State shall make necessary arrangements to safeguard the rights and interests of children and shall ensure that they are not exploited, and shall make gradual arrangements for free education .

( 9 ) The State shall pursue such policies in matters of education, health and social security of orphans, helpless women, the aged, the disabled and incapacitated persons as will ensure their protection and welfare.

(10) The State shall pursue a policy which will help promote the interests of the economically and socially backward groups and communities by making special provisions with regard to their education, health and employment.

(11) The State shall, with a view to bringing about prosperity in the country, pursue a policy Of giving priority to the development of science and technology and shall also give due consideration to the development of local technology.

(12) The State shall, for the purposes of national development, pursue a policy of taking measures necessary for the attraction of foreign capital and technology, while at the same time promoting indigenous investment.

(13) The State shall pursue a policy of creating conditions for the acceleration of the speed of rural development, keeping in view the welfare of the majority of the rural population.

(14) The State shall, in order to secure justice for all, pursue a policy of providing free legal aid to indigent persons for their legal representation in keeping with the principle of the Rule of Law.

( 15 ) The foreign policy of Nepal shall be guided by the principles of the United Nations Charter, non alignment, the Panchsheel, international law and the value of world peace.

(16) The State shall pursue a policy of making continuous efforts to institutionalize peace for Nepal through international recognition, by promoting cooperative and good relations in the economic, social and other spheres on the basis of equality with neighboring and all other countries of the world.
 

PART 5
His Majesty

27. His Majesty:

(1) In this Constitution, the words "His Majesty" mean His Majesty the King for the time being reigning, being a descendant of the Great King Prithvi Narayan Shah and an adherent of Aryan culture and the Hindu religion.

( 2 ) His Majesty is the symbol of Nepalese nationality and the unity of the Nepalese people.

( 3 ) His Majesty is to preserve and protect this Constitution by keeping in view the best interests and welfare of the people of Nepal.

28. Provision Relating to Succession to the Throne:

(1) Nothing in this Constitution shall affect the custom, usage and tradition relating to the order of succession to the Throne by the descendants of His Majesty.

(2) His Majesty shall have the exclusive power of enacting, amending and repealing the law relating to succession to the Throne by His descendants .

29. Expenditures and Privileges Relating to His Majesty and the Royal Family:

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.

30. Income and Property of His Majesty to be Exempt from Tax and Inviolable:

(1) The income and personal property of His Majesty shall be exempt from all kinds of tax, fee or other similar charge.

( 2 ) The property of His Majesty shall be inviolable .

31. Question not to be Raised in Courts:

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.

32. Royal Representative. Council of Royal Representatives. Regency and Council of Regency:

(1) In this Constitution, any reference to His Majesty shall, unless the subject or context otherwise requires, include reference to a Royal Representative or Council of Royal Representatives exercising powers pursuant to clause (2), and to a Regent or Council of Regency empowered pursuant to Article 34.

(2) His Majesty may, by warrant under His Royal Seal, appoint any person or council as His Royal Representative to exercise, subject to such conditions as may be specified in the warrant, such functions as His Majesty is to perform pursuant to this Constitution or the existing law during His Majesty's absence from Nepal or during any specified period. The functions exercised by such Royal Representative within the terms and limits specified in the warrant shall, for the purpose of this Constitution and the existing laws, be deemed to have been exercised by His Majesty.

33. Royal Standard and Salute:

(1) Square in shape and crimson in color having borders in white, the Royal standard is traditionally comprised of a crescent moon, in the upper corner near the flag staff with eight out of sixteen rays shown in white color, and a white sun with twelve white rays in the upper corner opposite to the flag staff, and a white flag showing a six-angled figure and a sword in the middle of the standard with an upright white lion facing the flag with both its paws holding, and the right hind leg supporting, the flag staff.

(2) The national anthem of Nepal is the Royal salute.
 

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