Nepal - The Constitution of 1990

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The constitution of 1990

Widespread prodemocracy protests toppled the panchayat system in April 1990. The king appointed an independent Constitution Recommendation Commission to represent the main opposition factions and to prepare a new constitution to accommodate their demands for political reform. On September 10, 1990, the commission presented King Birendra with the draft of a new constitution, which would preserve the king's status as chief of state under a constitutional monarchy but establish a multiparty democracy with separation of powers and human rights. As agreed upon earlier, the king turned the draft constitution over to Prime Minister K.P. Bhattarai and his cabinet for review and recommendations. The draft was discussed extensively and approved by the interim cabinet. A major obstacle to approval was avoided when the commission removed a disputed provision under which both the constitutional monarchy and multiparty system could have been eliminated by a three-quarters majority vote of Parliament.

On November 9, 1990, King Birendra promulgated the new constitution and abrogated the constitution of 1962. The 1990 constitution ended almost thirty years of absolute monarchy in which the palace had dominated every aspect of political life and political parties were banned.

The constitution, broadly based on British practice, is the fundamental law of Nepal. It vests sovereignty in the people and declares Nepal a multiethnic, multilingual, democratic, independent, indivisible, sovereign, and constitutional monarchical kingdom. The national and official language of Nepal is Nepali in the Devanagari script. All other languages spoken as the mother tongue in the various parts of Nepal are recognized as languages of the nation. Although Nepal still is officially regarded as a Hindu kingdom, the constitution also gives religious and cultural freedom to other religious groups, such as Buddhists, Muslims, and Christians. The preamble of the constitution recognizes the desire of the Nepalese people to bring about constitutional changes with the objective of obtaining social, political, and economic justice. It envisages the guarantee of basic human rights to every citizen, a parliamentary system of government, and a multiparty democracy. It also aims to establish an independent and competent system of justice with a view to transforming the concept of the rule of law into reality.

Other safeguards include the right to property; the right to conserve and promote one's language, script, and culture; the right to education in the student's mother tongue; freedom of religion; and the right to manage and protect religious places and trusts. Traffic in human slavery, serfdom, forced labor, or child labor in any form is prohibited. The right to receive information about matters of public importance and the right to secrecy and inviolability of one's person, residence, property, documents, letters, and other information also are guaranteed.

Part three of the constitution provides for the fundamental rights of citizens. Although some elements of fundamental rights guaranteed in the 1962 constitution are reflected in the 1990 constitution, the latter provides new safeguards in unequivocal language and does not encumber the fundamental rights with duties or restrictions purported to uphold public good. All citizens are equal before the law, and no discrimination can be made on the basis of religion, race, sex, caste, tribe, or ideology. No person shall, on the basis of caste, be discriminated against as an untouchable, be denied access to any public place, or be deprived from the use of public utilities. No discrimination will be allowed in regard to remuneration for men and women for the same work. No citizen can be exiled or be deprived of liberty except in accordance with the law; and capital punishment is disallowed.

In addition, sections on fundamental rights provide for freedom of thought and expression; freedom to assemble peacefully and without arms; freedom to form unions and associations; freedom to move and reside in any part of Nepal; and freedom to carry out any profession, occupation, trade, or industry. Similarly, prior censorship of publications is prohibited, and free press and printing are guaranteed. Unfettered cultural and educational rights also are guaranteed. Articles twenty-three and eighty-eight provide for a citizen's right to constitutional remedy. Any citizen can petition the Supreme Court to declare any law or part thereof as void if it infringes on the fundamental rights conferred by the constitution.

Rights regarding criminal justice include the guarantee that no person will be punished for an act unpunishable by law or subjected to a punishment greater than that prescribed by the laws in existence at the time of commission of the offense; no person will be prosecuted more than once in any offense; and no one will be compelled to bear witness against himself or herself. Inflicting cruelty on a person in detention is prohibited, as is detaining a person without giving information about the grounds for such detention. Further, the person in detention must be produced within twenty-four hours of such arrest before the judicial authorities. Any person wrongly detained will be compensated.

The constitution lays down various directives in matters of political, economic, and social development, and foreign policy. These lofty policies are guidelines to promote conditions of welfare on the basis of the principles of an open society. One objective is to transform the national economy into an independent and self-reliant system by making arrangements for the equitable distribution of the economic gains on the basis of social justice. The constitution stresses the creation of conditions for the enjoyment of the fruits of democracy through the maximum participation of the people in governance of the country. Other aims include the pursuit of a policy in international relations that will enhance the dignity of the nation and ensure sovereignty, integrity, and national independence and the protection of the environment from further ecological damage.

"Constitution of Nepal 1990"
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The Nepal Constitution of 1990: Preliminary Considerations
Constitution of the Kingdom of Nepal 1990 - Table of Contents