Flashcards: Constitution of Nepal: Foundations and Rights — 95 cards

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1Question

When was the Constitution of Nepal published in the Nepal Gazette?

Answer

On 20 September 2015 (2072.6.3).

2Question

What happens to laws inconsistent with the Constitution of Nepal?

Answer

They are void to the extent of the inconsistency.

3Question

Who has the duty to observe the Constitution of Nepal?

Answer

Every person.

4Question

In whom is the sovereignty and state authority of Nepal vested?

Answer

In the Nepalese people.

5Question

What unites the multiethnic and multilingual Nepalese people as a nation?

Answer

Common aspirations and allegiance to national independence, territorial integrity, national interest, and prosperity.

6Question

How is the State of Nepal defined?

Answer

As an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican state.

7Question

Name three elements included in the national interest of Nepal.

Answer

Freedom, sovereignty, and territorial integrity.

8Question

What does the national interest of Nepal protect besides sovereignty and dignity?

Answer

Border security, economic wellbeing, and prosperity.

9Question

What type of citizenship does Nepal provide with State identity?

Answer

Single federal citizenship.

10Question

Can any citizen be deprived of the right to obtain Nepalese citizenship?

Answer

No citizen may be deprived of that right.

11Question

Who may be a citizen of Nepal by descent at birth?

Answer

A person whose father or mother was a Nepalese citizen at birth.

12Question

What is required for citizenship by descent besides having a Nepalese parent?

Answer

Permanent domicile in Nepal at the Constitution's commencement.

13Question

What citizenship status does a minor found in Nepal with unknown parents have?

Answer

Citizen of Nepal by descent until parents are traced.

14Question

Who may acquire naturalized Nepalese citizenship by marriage?

Answer

A foreign woman married to a Nepalese citizen, subject to Federal law.

15Question

Who may receive non-resident Nepalese citizenship after acquiring foreign citizenship?

Answer

A person with a Nepalese parent, grandparent, or previous Nepalese citizenship.

16Question

How can a person who obtains citizenship by descent identify gender on their certificate?

Answer

Through the name of the person's mother or father.

17Question

What right does every person have regarding dignity and the death penalty?

Answer

Every person has the right to live with dignity, and no law may provide for the death penalty.

18Question

Which freedoms do citizens have related to expression and association?

Answer

Citizens have freedoms of opinion, expression, peaceful assembly without arms, forming political parties, unions, and associations.

19Question

What equality principle applies to all citizens before the law?

Answer

All citizens are equal before the law and entitled to equal protection.

20Question

On what grounds is discrimination prohibited in applying general laws?

Answer

Discrimination is prohibited on origin, religion, race, caste, tribe, sex, physical condition, health, marital status, pregnancy, economic condition, language, region, or ideology.

21Question

What rights does an arrested person have regarding legal defense and timing?

Answer

An arrested person must be informed of arrest grounds, may consult a legal practitioner from arrest, and must be produced before an authority within 24 hours excluding journey time.

22Question

What protections exist for persons charged with an offence?

Answer

They are presumed innocent until proven guilty, cannot be tried twice for the same offence, and cannot be compelled to testify against themselves.

23Question

What protections exist against torture for arrested or detained persons?

Answer

No arrested or detained person may be subjected to torture or cruel, inhuman, or degrading treatment, and victims have a right to compensation by law.

24Question

What duties do citizens have regarding Nepal's sovereignty and laws?

Answer

Citizens must safeguard Nepal's nationality, sovereignty, and integrity; abide by the Constitution and law; render compulsory service when required; and protect public property.

25Question

What guides State governance according to Part 4's directive principles?

Answer

Directive principles, policies, and obligations in Part 4 guide State governance.

26Question

Name three political objectives of the State.

Answer

Public welfare, rule of law, and fundamental and human rights are political objectives.

27Question

What is the economic objective of the State?

Answer

Sustainable development and rapid economic growth through maximum resource mobilization.

28Question

What does State policy on national unity and security protect?

Answer

Freedom, sovereignty, territorial integrity, and independence.

29Question

What are key features of State policies on governance?

Answer

Protecting human rights, rule of law, and ensuring fair, competent, and transparent administration.

30Question

What social and cultural transformations do State policies promote?

Answer

Ending discrimination, protecting cultural diversity, and pursuing a multi-lingual policy.

31Question

What sectors are involved in State policies on economy, industry, and commerce?

Answer

Public, private, and cooperative sectors in partnership.

32Question

What priorities are included in State policies on economy, industry, and commerce?

Answer

Equitable resource distribution, export promotion, consumer protection, and regulated foreign investment.

33Question

What must the State progressively implement while protecting fundamental rights?

Answer

Directive principles and State policies.

34Question

What must the Government of Nepal submit annually to the President?

Answer

A report on implementation and achievements of directive principles, policies and obligations.

35Question

Who monitors and evaluates the implementation of directive principles and policies in Nepal?

Answer

A committee established in the Federal Parliament.

36Question

Can questions about the implementation of directive principles be raised in any court?

Answer

No, questions about their implementation cannot be raised in any court.

37Question

Name three areas covered by State policies in Nepal.

Answer

Sustainable natural resource use, renewable energy development, and environmental protection.

38Question

Which policy area ensures accessible education and health services in Nepal?

Answer

State policies.

39Question

What kind of foreign policy do Nepal's State policies require?

Answer

An independent foreign policy.

40Question

What are the three levels of Nepal's state structure?

Answer

Federation, States, and Local level.

41Question

Which institutions are included in Nepal's Local level?

Answer

Village Institutions, Municipalities, and District Assemblies.

42Question

What special regions can Federal law establish in Nepal?

Answer

Special, Protected, or Autonomous Regions.

43Question

Which schedule assigns Federal powers in Nepal?

Answer

Schedule 5.

44Question

Which schedule assigns State powers in Nepal?

Answer

Schedule 6.

45Question

Who holds residual power over unassigned matters in Nepal?

Answer

The Federation.

46Question

What must laws under concurrent powers avoid in Nepal?

Answer

Conflicting with Federal law.

47Question

What happens to inconsistent local laws under Federal-State-Local concurrent powers?

Answer

They are invalid to that extent.

48Question

Who is the head of state of Nepal?

Answer

The President.

49Question

Who elects the President of Nepal?

Answer

An electoral college of Federal Parliament and State Assemblies members.

50Question

What happens if no presidential candidate obtains a majority in the first vote?

Answer

The two leading candidates compete in a second vote.

51Question

What are the age and membership qualifications for a presidential candidate?

Answer

At least 45 years old and qualified for Federal Parliament membership.

52Question

How many times can a person be elected President of Nepal?

Answer

No more than twice.

53Question

What is the President's term length?

Answer

Five years.

54Question

Who performs presidential functions during the President's absence?

Answer

The Vice-President.

55Question

What is the maximum number of Ministers in Nepal's Council of Ministers?

Answer

Twenty-five including the Prime Minister.

56Question

What two houses make up Nepal's Federal Legislature?

Answer

The House of Representatives and the National Assembly.

57Question

How many members are in Nepal's House of Representatives?

Answer

There are 275 members in the House of Representatives.

58Question

How are the 275 members of the House of Representatives elected?

Answer

165 by first-past-the-post and 110 by proportional representation.

59Question

What is the minimum proportion of women in each political party's Federal Parliament members?

Answer

At least one third must be women.

60Question

What is the normal term length of the House of Representatives?

Answer

Five years unless dissolved earlier.

61Question

How long do National Assembly members serve and how often do they retire?

Answer

They serve six-year terms with one third retiring every two years.

62Question

What are the age requirements for Federal Parliament membership?

Answer

At least 25 years old for the House and 35 for the National Assembly.

63Question

What other qualifications must a person meet to join Nepal's Federal Parliament?

Answer

Be Nepali citizen, free from disqualifying conviction, and not hold an office of profit.

64Question

Within how many days must the House elect a Speaker and Deputy Speaker?

Answer

Within fifteen days of the first meeting.

65Question

What gender representation is required among the Speaker and Deputy Speaker?

Answer

One must be a woman.

66Question

Who chairs the House if the Speaker is absent?

Answer

The Deputy Speaker chairs the House.

67Question

Who chairs the House if both Speaker and Deputy Speaker offices are vacant?

Answer

The senior-most attending member by age chairs.

68Question

Who chairs the National Assembly if the Chairperson is absent?

Answer

The Vice-Chairperson chairs the National Assembly.

69Question

Who chairs the National Assembly if both Chairperson and Vice-Chairperson positions are vacant?

Answer

The senior-most attending member by age chairs.

70Question

Within how many days must the President summon the first Federal Parliament session?

Answer

Within thirty days of the final election results.

71Question

What is the minimum attendance required to present a question or resolution in either House?

Answer

At least one-fourth of the total members must be present.

72Question

When must the Prime Minister table a confidence motion if the party is divided?

Answer

Within thirty days.

73Question

What happens if the Prime Minister fails to obtain a majority in a confidence motion?

Answer

The Prime Minister must leave office.

74Question

How many members can table a written no-confidence motion in the House?

Answer

One-fourth of the total members.

75Question

What must a no-confidence motion include besides the motion itself?

Answer

A proposed replacement Prime Minister's name.

76Question

When is a no-confidence motion not allowed to be tabled?

Answer

During the first two years after appointment or within one year after a failed motion.

77Question

What majority is required for a no-confidence motion to remove the Prime Minister?

Answer

A majority of the total members of the House of Representatives.

78Question

Who appoints the new Prime Minister after a successful no-confidence motion?

Answer

The President.

79Question

What protection do members have for statements made in the House?

Answer

They cannot be arrested, detained, or prosecuted for those statements.

80Question

Where may a Money Bill be introduced according to the Constitution?

Answer

Only in the House of Representatives.

81Question

What subjects does a Money Bill concern?

Answer

Taxation, government funds, borrowing, guarantees, revenues, loans, grants, accounts, audits, or related matters.

82Question

What must the National Assembly do with a Money Bill within fifteen days?

Answer

Return it to the House of Representatives with any suggestions.

83Question

What happens if the National Assembly does not return a Money Bill within fifteen days?

Answer

The House of Representatives may present it to the President for assent.

84Question

Within how many days must the President assent to a Bill after submission?

Answer

Within fifteen days.

85Question

What can the President do with a non-Money Bill within fifty days?

Answer

Return it for reconsideration.

86Question

Under what condition may the President promulgate an Ordinance when both Houses are not in session?

Answer

If immediate action is necessary and on the Council of Ministers' recommendation.

87Question

What is required for levying taxes or raising government loans?

Answer

They must be in accordance with Federal law.

88Question

What is the Supreme Court in Nepal?

Answer

Nepal's court of record with final authority to interpret laws and supervise courts.

89Question

What types of courts exist in Nepal besides the Supreme Court?

Answer

High Courts, District Courts, and local or alternative dispute judicial bodies.

90Question

Who appoints the Chief Justice of Nepal's Supreme Court?

Answer

The President on the Constitutional Council's recommendation.

91Question

Who appoints other Supreme Court Judges in Nepal?

Answer

The President on the Judicial Council's recommendation.

92Question

What is the maximum number of Judges in Nepal's Supreme Court excluding the Chief Justice?

Answer

Twenty Judges.

93Question

What is the term length of the Chief Justice in Nepal?

Answer

Six years.

94Question

What legal powers does Nepal's Supreme Court have regarding laws and writs?

Answer

It can declare laws void and issue writs like habeas corpus and mandamus.

95Question

What causes a vacancy in the office of Nepal's Chief Justice or Supreme Court Judge?

Answer

Resignation, age 65, impeachment, inability, crime conviction, or death.

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1. On what date was the Constitution of Nepal published in the Nepal Gazette?

2. What is the legal effect of a law that conflicts with the Constitution of Nepal?

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