If we look at the development process of Constitution in Nepal, we find the constitution being changed too frequently. There were six constitutions in practice in a period of sixty years, and Nepali people are now engaged in the process of formulating the seventh constitution in average. It seems that there is one constitution in every ten years. This is in fact a very short period. Nepal perhaps comes first among the fast constitution changing countries. There is the same constitution working perfectly for more than 220 years in the USA. The primary reason why our constitutions are not properly working is that they have not been written according to the will and direct involvement of the people. These constitutions, being written to suit the interests of the rulers, which did not address the will, aspirations and feelings of the general public. This state of constitutional instability resulted to political instability and social chaos. As a result the county could not achieve economic development. Nepal always remained a developing country in this competitive world while contemporary countries obtained continuous and sustained economic growth to become developed countries. It is, therefore, Nepal has to make a good constitution so that the country would not have to bear the same fate again. The seventh constitution which is about to formulate must encompass the will and aspirations of all Nepali people.
The declaration of Baidhanik Kanun for the first time by Padma Shamsher in 2004 BS was the beginning of the constitutional process in Nepal. Then after, Interim Government of Nepal Act 2007, Constitution of Kingdom of Nepal 2015, Constitution of Nepal 2019, Constitution of the Kingdom of Nepal 2047, and The Interim Constitution of Nepal 2063 have come int practice. The followings were the salient features of these constitutions:
a) Nepal Government Legal Act (Baidhanik Kanun), 2004:
This constitution had provisions for fundamental rights and duties, council of ministers, national assembly and Bhardari Sabha, bicameral house, village, town and district panchayats, high court (Pradhan N;yayalaya), auditor general (Pradhan Janchaki), Dharkhasta Parishad (Present Public Service Commission), etc. This is an important document as it was the first written constitution in Nepal. This was promulgated on 1 Baisakh, 2005 BS.
b) Interim Governance Act of Nepal, 2007 BS:
This contained the state directive principles, council of ministers, economic and financial procedures, Pradhan Nyayalaya, Public Service Commission, Advisory Council, etc. It had 7 Chapter, 73 Articles, and 3 Annexes.
c) Constitution of Kingdom of Nepal, 2015 BS:
It had provided for adult franchise, house of representatives (Pratinidhi Sabha) and (Senate) Mahasabha, cabinet accountable to the house of representative, public service commission, fundamental rights, executive, independent judiciary, legislative etc.
d) Constitution of Nepal, 2019 BS:
This constitution had the provisions for fundamental rights, directive principles of Panchayat system, council of ministers, Rastriya Panchayat (Byabasthapika), Supreme Court etc. It was amended on 14 Magh, 2023 BS, on 26 Mangsir 2032 BS, and on 1 Poush 2037 BS.
e) Constitution of Kingdom of Nepal, 2047 BS:
It had provisions for fundamental rights, soverignty vested in people, multi party democracy, parliamentry system, independent judiciary, adult suffrage, constitutional monarchy, rule of law etc. There were 23 Chapters, 133 Articles, and 3 annexes in this constitution.
f) Interim Constitution of Nepal, 2063 BS:
This is the first constitution promulgated on behalf of the people. It has vested the sovereignty and all the state authority on the people. Secularism, competitive multiparty democratic system, independent judiciary, recognition of all national languages, unicameral legislative parliament, cabinet with all executive poweres, constitutional assembly, election, human rights commission as a constitutional body, appointment of the Chief of the Army by the President recommended by the Cabinet of Ministers are some of the salient features of this constitution. It has 25 Chapters, 167 Articles, and 4 annexs. It has been amended five times till now.
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