Constitution of Nepal 2015

Nepal
This article is part of a series on the politics and government of Nepal
Constitution
Executive President Bidhya Devi Bhandari Vice President Nanda Kishor Pun Prime Minister Pushpa Kamal Dahal
Legislature Legislature Parliament Chairman: Onsari Gharti Magar Vice-Chairman: Ganga Prasad Yadav
Judiciary Supreme Court Chief Justice: Sushila Karki
Elections Election Commission Political parties Recent elections Assembly: 1999 2008 2013 Presidential: 2008
Administrative divisions Provinces Districts VDCs
Foreign relations
Related topics Democracy movement Civil War Human rights LGBT rights
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The promulgation of a new constitution in 2015 was immediately followed by virtual blockade of all checkpoints at Nepal-India border. Various human rights activists and some ethnic groups in lowland Nepal have accused the Constitution of being gender discriminatory especially in regards to citizenship provisions. They allege new constitution makes it difficult for women to pass on citizenship to their children as compared to men.^[1]

Similarly, Madhesi and indigenous population view that the new constitution fails to address demands of marginalized communities and support status-quo of the ruling groups. They are protesting mainly over the federal delineation of new states as proposed in the constitution fearing existing demarcation could affect their political representation.^[2][3] With the protest ongoing since August 15, 2015 or earlier, at least 45 people, including 8 security personals and one Indian National, have been killed. Human Rights Watch has criticized the Nepal Government as well as the protesters for violation of human rights during the protest.^[4][5] Additionally, there is controversy over Nepalese citizenship rules, which Nepal deems to protect the state from being overwhelmed by Indian immigrants, and which India claims discriminates against Madhesis of Indian origins, the draft constitution and final constitution that passed differ on this issue.Nepali is the official language.

Features of Nepal constitution 2015

Constitution Assembly has succeeded to bring New Constitution. The Constitution of Nepal is the seventh constitution of Nepal and passed on Wednesday September 26, 2015 by the Constituent Assembly meeting envisions a federal democratic republican and inclusive and prosperous Nepal by institutionalizing the achievements of the democratic movements held in the country...^[6] This is the first Constitution made and adopted by the Constituent Assembly (CA) which was specifically elected for this purpose. It was proclaimed by the President of Nepal on September 20, 2015.^[7] The Interim Constitution of Nepal 2007 (2063, which provisioned designs for the election of a Constituent Assembly, enabled it to write Nepal's permanent constitution. The new constitution was to be promulgated by May 28, 2010 by the elected house. Due to disagreements between political parties on several issues, among other things, the house was not able to do the assigned job. This led to amendment of the term of the house again and again. On May 25, 2011, eventually, the Supreme Court of Nepal ruled that the repeated extension of the Interim Constitution was not right. It reasoned that an elected House is not supposed to extend its term again and again going beyond the reasonable electoral mandate.

On May 28, 2012, the Constituent Assembly was dissolved, after it failed to finish the constitution drafting process despite repeated extensions, ending four years of constitution drafting and leaving the country in a constitutional vacuum. New elections were held on November 19, 2013 to elect the Constituent Assembly - II on a special arrangement agreed by the political parties and approved by the President. The political leaders then pledged to draft a new constitution within a year. The new Assembly expressly committed that the new constitution would be promulgated on January 22, 2015. However, due to continued differences on key issues including system of governance, judicial system and federation issues like number, name and areas of the provinces to be carved, the constitution could not be finalized and promulgated in time. Only now did it become possible to finalize and adopt the Constitution.^[8]

Realising a dream cherished by the Nepali people since the past 65 years, the new constitution will formally take the country towards a federal structure from the existing unitary structure that remained rooted in the country for 240 years. The new statute has proposed to federate the country into seven federal units, which will be one of the significant changes to take place on the basis of the new constitution.

A total of 507 votes were casted in favour of the Constitution Bill while 25 votes went against it. Major three political parties of Nepal - Nepali Congress (NC), CPN (UML), and UCPN (Maoist) - and a majority of fringe parties voted in support of the Bill in a meeting of the CA. Those voting against the Bill were members of Rastriya Prajatantra Party-Nepal (RPP-N). However, some Terai based parties boycotted the constitution finalization and adoption process. Of the total 598 CA members, 532 were present at the meeting.

President Ram Baran Yadav announced the promulgation of Constitution of Nepal, 2015 (2072) at a special meeting of the Constituent Assembly on September 20, 2015. The President announced the commencement of the new constitution endorsed by the CA and as authenticated by CA Chairperson Subas Chandra Nembang.

There are 27 Chapters and 302 Articles in New Constitution of Nepal 2015.

References