The Constitutional Development of Nepal

The constitutional development of Nepal has not come a long way. During, the constitutional development of Nepal, the government of Nepal Act 2004 B.S is the first and historical document of Nepal which was declared by the Shree III Padma Shamsher JBR. The Padma Shamsher JBR himself was the inciter or promoter of this constitution. It was followed by the Interim Government Act 2007 after the introduction of democracy. Within a short period of hardly six decades, six different constitutions have been announced so far in Nepal. Those constitutions were not fully democratic. Those constitutions failed because they were not formulated according to the democratic participation and wishes of people. Some of them were formulated merely as the means for the rulers to satisfy their ambitious hunger for power. As we know, after the popular movement of 2062/63, Nepal started making a truly democratic constitution through an elected constituent assembly that could ensure widest possible public participation.

The following paragraphs briefly describe those six constitutions of Nepal:

Nepal Government Act 2004 BS

Nepal Government Act 2004 BS, the first constitution of the land consisted of 6 parts, 68 articles, and 1 schedules. It made provisions for fundamental rights and duties, thecouncil of ministers, courtiers'assembly, thebicameral parliament, public service commissions etc. It was supposed to be promulgated on 1^st Baishakh, 2005. But Prime Minister Padma Shamsher could not enforce the constitution because of undue pressure from resistant Ranas like Babar Shumsher and Mohan Shumsher. So it just remained a constitution without implementation.

Nepal Interim Government Act 2007 BS

Promulgated on 17^th Chaitra 2007 BS after the overthrow of the Rana autocracy, Nepal Interim Government Act 2007 BS was divided into 7 parts, 73 articles, and 3 schedules. It made provisions for directive principles and policies of the government, council, election commission, financial procedure, etc. This interim constitution remained active for unexpectedly a longer time as late as until 2015 BS.

The Constitution of the Kingdom of Nepal 2015 BS

As a more democratic constitution, the Constitution of the Kingdom of Nepal 2015 BS made a provision for the adult franchise, bicameral parliament, auditor general, constitutional monarchy, king's emergency power, supreme court, an independent judiciary, election commission etc. It consisted of 10 parts, 77 articles, and 3 schedules. This democratic constitution was promulgated on 1^st Falgun 2015 BS but was soon suspended almost fully on 1^stPoush 2017 by power seeking King Mahendra.

The Constitution of Nepal 2019 BS

As the fourth constitution of Nepal, the constitution of Nepal 2019 BS gave constitutional recognition to the party-less Panchayat system put into practice by King Mahendra in 2017 BS. It was divided into 20 parts, 97 articles, and 2 schedules.It provided for people's fundamental rights, adult franchise, the council of ministers, national panchayat, supreme court, etc. Promulgated on 1^stPoush 2019 BS, this constitution was amended in 2023 BS, 2032 BS, and 2037 BS and was finally abandoned by the popular movement in 2046 BS that restored the multi-party system in the country.

The Constitution of Kingdom of Nepal 2047 BS

Promulgated by King Birendra on 23 Kartik 2047 BS after the success of the Popular Movement I, the constitution of the Kingdom of Nepal 2047 BS was divided into 23 parts, 133 articles, and 3 schedules. It was noted for its provisions for more fundamental rights, sovereignty inherent in people, constitutional monarchy, multiparty democracy, adult franchise, independent judicature, the rule of law, etc. However, some of its articles gave way to the king's efforts for taking more executive movement II in 2063 BS.

The Interim Constitution of Nepal 2063 BS

The Interim Constitution of Nepal 2063 BS was promulgated on 1^st Magh 2063 BS in the name of the people by legislative parliament. Divided into 25 parts, 167 articles, and 4 schedules, this constitution established Nepal as a secular and republican state whose state power is inherent in the people. The constitution provided for the unicameral legislature parliament, election to the Constituent Assembly, recognition of Human Rights Commission as a constitutional organ, originally the appointment of the Commander-in-Chief by the Prime Minister and so on. It underwent eleven different amendments before its fifth anniversary.

Constitution of Nepal - 2072 BS

The Constitution of Nepal 2072 BS was promulgated by President Ram Baran Yadav unveiled on behalf of Speaker Subash Chandra Nembang on 3rd Ashwin 2072 BS. It is divided into 35 parts, 308 articles, and 9 schedules. It is the seventh constitution of Nepal. It was amended on 9th Magh 2072 B.S. The following are the major characteristics of the constitution:

• Secularism
• Federal model with seven provinces
• Democratic Republican State
• Independent and fair judiciary
• Executive rights on Council of Ministers
• President as a ceremonial head of the state
• Full press freedom
• Citizenship by descent to a child of a Nepali father or mother
• Sovereignty of people