ā Must-know
š The Constitution is the fundamental law of Nepal, and any law inconsistent with it is void to the extent of the inconsistency; every person has a duty to observe it.
Further detail
Constitution ā people ā nation ā state ā national interest
ā Must-know
Nepal provides for single federal citizenship with State identity, and no citizen may be deprived of the right to obtain citizenship.
A person whose father or mother was a citizen of Nepal at the time of the person's birth may be a citizen of Nepal by descent if the person has a permanent domicile in Nepal at the commencement of the Constitution.
A person who acquired foreign citizenship and has a Nepalese parent, grandparent, or previous Nepalese citizenship by descent or birth may receive non-resident Nepalese citizenship, subject to Federal law, with economic, social, and cultural rights.
Further detail
š A minor found in Nepal whose parents are unknown is a citizen of Nepal by descent until the father or mother is traced.
š A foreign woman married to a Nepalese citizen may acquire naturalized citizenship of Nepal if she wishes, subject to Federal law.
Citizenship by descent differs from naturalized citizenship
ā Must-know
š Every person has the right to live with dignity, and no law may provide for the death penalty.
Citizens have freedoms of: opinion and expression, peaceful assembly without arms, forming political parties, forming unions and associations, movement and residence throughout Nepal, practicing professions, occupations, industries, trades, and businesses
All citizens are equal before the law and entitled to equal protection, while discrimination in the application of general laws is prohibited on grounds including origin, religion, race, caste, tribe, sex, physical condition, health, marital status, pregnancy, economic condition, language, region, or ideology.
An arrested person must be informed of the grounds of arrest, may consult and be defended by a legal practitioner from the time of arrest, and must be produced before an adjudicating authority within 24 hours excluding necessary journey time.
Every person charged with an offence is presumed innocent until proved guilty, may not be tried and punished more than once for the same offence, and may not be compelled to testify against himself or herself.
Every citizen has the right to compulsory and free education up to the basic level and free education up to the secondary level from the State.
Every citizen has the duties to: safeguard Nepal's nationality, sovereignty, and integrity, abide by the Constitution and law, render compulsory service when required by the State, protect and preserve public property
Further detail
š No arrested or detained person may be subjected to physical or mental torture or cruel, inhuman, or degrading treatment, and a victim of such treatment has a right to compensation according to law.
š The State must make legal provisions to implement the fundamental rights within three years of the commencement of the Constitution.
Rights protect citizens, while duties require loyalty and public responsibility
ā Must-know
š The directive principles, policies, and obligations in Part 4 guide State governance, and the State must mobilize the means and resources required to implement them.
The political objectives of the State include public welfare, rule of law, fundamental and human rights, gender equality, proportional inclusion, participation, social justice, federal democratic republican governance, cooperative federalism, local autonomy, and decentralization.
The economic objective of the State is sustainable development and rapid economic growth through maximum mobilization of public, private, and cooperative means and resources, while developing a socialism-oriented, independent, and prosperous economy.
State policies on national unity and security include protecting freedom, sovereignty, territorial integrity, and independence; maintaining cohesion among communities and Federal Units; developing national security and human security systems; and making security organs competent, professional, inclusive, and accountable.
State policies on economy, industry, and commerce include partnership among public, private, and cooperative sectors; equitable distribution of resources and benefits; export promotion; consumer protection; protection of domestic industries; priority to domestic investment; regulated foreign investment; and transparent foreign assistance incorporated into the national budget.
Further detail
State policies on governance include protecting human rights and the rule of law, implementing international treaties to which Nepal is a party, ensuring equal and easy access to State services, and making public administration fair, competent, impartial, transparent, corruption-free, accountable, and participatory.
State policies on social and cultural transformation include ending discrimination and injustice, protecting cultural diversity and the languages, scripts, arts, literature, motion pictures, and heritages of communities, promoting local participation, and pursuing a multi-lingual policy.
Rule of law and inclusion ā welfare, equality, and sustainable development
ā Must-know
š A committee established in the Federal Parliament must monitor and evaluate whether the directive principles, policies and obligations of the State are being progressively implemented, but no question about their implementation may be raised in any court.
Further detail
š The Government of Nepal must submit an annual report on the implementation and achievements of the directive principles, policies and obligations to the President, who causes it to be laid before the Federal Parliament through the Prime Minister.
Sustainable resources and inclusive development ā social justice and national prosperity
ā Must-know
š Federal, State, Local, Federal-State concurrent and Federal-State-Local concurrent powers are assigned respectively through Schedules 5, 6, 7, 8 and 9.
š Laws made by State, Village Assembly or Municipal Assembly under concurrent powers must not conflict with Federal law, and Local laws under Federal-State-Local concurrent powers must also not conflict with State law; inconsistent provisions are invalid to that extent.
Further detail
š The Federation has residual power over matters not assigned to the Federal, State, Local or Concurrent Lists or otherwise designated for a particular level.
Federation ā State ā Local level
ā Must-know
š A presidential candidate must be qualified for Federal Parliament membership, be at least forty-five years old and not be disqualified by law; a person elected President twice cannot stand again.
Further detail
The Presidentās term is five years, while the Vice-President performs presidential functions during the Presidentās absence and has qualifications, election procedures and term provisions equivalent to those of the President.
The Council of Ministers may contain a maximum of twenty-five Ministers including the Prime Minister and must be formed according to the inclusive principle from members of the Federal Parliament.
President: head of state; Council of Ministers: executive authority
ā Must-know
The House of Representatives has 275 members: 165 elected through the first-past-the-post system and 110 through proportional representation using the whole country as a single constituency.
At least one third of the total members elected to the Federal Parliament from each political party must be women.
š The House of Representatives normally has a five-year term unless dissolved earlier, while the National Assembly is permanent and its members serve six-year terms with one third retiring every two years.
Further detail
š A person must be a Nepali citizen, at least twenty-five years old for the House of Representatives or thirty-five years old for the National Assembly, free from disqualifying criminal conviction or law, and not hold an office of profit to qualify for Federal Parliament membership.
House of Representatives: five-year elected chamber; National Assembly: permanent chamber
ā Must-know
Members of the House of Representatives must elect a Speaker and Deputy Speaker within fifteen days of the first meeting, with one woman among them and, ordinarily, representation from different parties.
The President must summon the first Federal Parliament session within thirty days of the final election results, and the interval between consecutive sessions may not exceed six months.
No question or resolution may be presented for decision in either House unless one-fourth of the total number of its members are present.
Further detail
š The Deputy Speaker chairs the House of Representatives in the Speakerās absence, while the senior-most attending member by age chairs if neither office has been elected or both offices are vacant.
š The Vice-Chairperson chairs the National Assembly in the Chairpersonās absence, while the senior-most attending member by age chairs if neither position has been elected or both positions are vacant.
Elect officers ā summon sessions ā establish quorum ā conduct business
A confidence motion may be tabled by the Prime Minister when necessary, and must be tabled within thirty days if the Prime Ministerās party is divided or a coalition partner withdraws support; failure to obtain a majority of all sitting members requires the Prime Minister to leave office.
One-fourth of the total number of then members of the House of Representatives may table a written no-confidence motion, which must name a proposed replacement Prime Minister and cannot be tabled during the first two years after appointment or within one year after a previous failed no-confidence motion.
If a no-confidence motion is passed by a majority of the total number of then members of the House of Representatives, the Prime Minister leaves office and the President appoints the member named in the motion as Prime Minister.
One-fourth of the total number of then members of the House of Representatives may move impeachment against the President or Vice-President for serious constitutional or legal violation, and removal requires at least a two-thirds majority of all members of both Houses.
Both Houses have freedom of speech, and members are not arrested, detained, or prosecuted in court for statements made or votes cast in the House.
Confidence sustains the Prime Minister; no-confidence removes the Prime Minister
A Money Bill may be introduced only in the House of Representatives, while other Bills may be introduced in either House subject to the Constitution.
The National Assembly must return a Money Bill to the House of Representatives with any suggestions within fifteen days; if it does not, the House of Representatives may present the Bill to the President for assent.
The President must assent to a Bill within fifteen days of submission, but may return a non-Money Bill for reconsideration within fifty days; after both Houses pass the Bill again, assent must be given within fifteen days.
When both Houses are not in session and immediate action is necessary, the President may promulgate an Ordinance on the recommendation of the Council of Ministers, but it ceases to operate if not passed by both Houses or sixty days after a meeting of both Houses begins.
No tax may be levied or collected except in accordance with law, and no government loan may be raised or guarantee given except as provided by Federal law.
Parliamentary approval ā appropriation and expenditure control
ā Must-know
š The President appoints the Chief Justice on the recommendation of the Constitutional Council and appoints other Supreme Court Judges on the recommendation of the Judicial Council.
Further detail
The Supreme Court may have a maximum of twenty Judges in addition to the Chief Justice, whose term of office is six years.
The office becomes vacant upon: written resignation, reaching sixty-five years of age, impeachment, removal for physical or mental inability, punishment for a crime involving moral turpitude, death
A constitutional guardian above the Supreme, High, and District Courts
š The Chief Justice appoints the Chief Judge and Judges of a High Court on the recommendation of the Judicial Council.
š A District Court has power to originally try and settle cases within its jurisdiction, hear petitions including habeas corpus and prohibition, hear appeals from quasi-judicial and Local-level judicial bodies, and institute contempt proceedings under federal law.
High Court ā District Court ā Local judicial bodies
ā Must-know
Further detail
Complaints and appointments ā Judicial Council oversight
ā Must-know
š The Attorney General or subordinate government attorneys represent the Government of Nepal in lawsuits involving its rights, interests, or concerns, and the Attorney General makes the final decision on whether to institute such cases unless the Constitution provides otherwise.
Further detail
Attorney General: federal government; Chief Attorney: State Government
ā Must-know
š The executive power of a State is vested in the State Council of Ministers, which issues general directives and controls and regulates State governance subject to the Constitution and law.
The President appoints one Chief of State for each State, and the Chief of State has a five-year term unless removed earlier by the President and may not serve more than once in the same State.
The Chief of State appoints the State's Chief Minister first from the parliamentary party commanding a majority, then from a coalition-capable member if no majority exists, then from the largest party if necessary, and finally may dissolve the State Assembly and call elections if no Chief Minister secures confidence.
The State Council of Ministers may contain a maximum of twenty percent of the total number of State Assembly members, including the Chief Minister, and must be formed according to the inclusive principle.
The State Assembly is unicameral and consists of members elected through a system combining first-past-the-post and proportional representation, with sixty percent elected through the former and forty percent through the latter.
The qualifications include: Nepali citizenship, being a voter of the concerned State, being at least twenty-five years old, not having been convicted of a criminal offence involving moral turpitude, not being disqualified by law, not holding an office of profit
Further detail
State Council of Ministers executes; State Assembly legislates
A State Assembly seat becomes vacant upon: written resignation before the Speaker, loss or cessation of qualification, expiry or dissolution of the State Assembly, absence from ten consecutive meetings without notice, party defection notified under Federal law, death
The members of the State Assembly must elect a State Speaker and Deputy State Speaker from among themselves within fifteen days of the first meeting, with one office held by a woman and the two officeholders representing different parties whenever possible.
The Chief of State must summon the first session of the State Assembly within twenty days of the final election results, and the interval between consecutive sessions may not exceed six months.
No question or motion may be presented for decision in the State Assembly unless one-fourth of its total members are present, and decisions are generally made by a majority of members present and voting.
The Chief Minister must seek a vote of confidence within thirty days when the represented political party is divided or a coalition party withdraws support, and must leave office if the resolution fails to obtain a majority of the total number of then members.
Membership ā Speakers ā Sessions ā Voting ā Privileges
š The Chief of State must assent to a Bill within fifteen days, but may return a non-Money Bill once within that period for reconsideration; if the Assembly passes it again and presents it, assent must be given within fifteen days.
š An Ordinance may be promulgated by the Chief of State on the recommendation of the State Council of Ministers when the State Assembly is not in session and immediate action is necessary, but it ceases to operate if not passed, repealed, or otherwise maintained within the constitutional period.
The Village Executive includes the Chairperson, Vice-Chairperson, Ward Chairpersons, four women members, and two members from Dalit or minority communities, while the Municipal Executive includes the Mayor, Deputy Mayor, Ward Chairpersons, five women members, and three Dalit or minority members.
Candidates must be:
The term of office of local executive officeholders is five years, and a person elected Chairperson or Mayor for two terms cannot be a candidate in a further election to the same local body.
Relations between the Federation, States, and Local level are based on cooperation, co-existence, and coordination.
The Government of Nepal may give necessary directions to a State Council of Ministers on matters of national importance or inter-State coordination, and the concerned State Council of Ministers must abide by them.
If conduct in a State seriously undermines Nepal's sovereignty, territorial integrity, nationality, or independence, the President may warn, suspend, or dissolve the State Council of Ministers and State Assembly for up to six months.
A suspension or dissolution of a State Council of Ministers and State Assembly must be ratified by a two-thirds majority of the total then members of the Federal Parliament within thirty-five days, or it becomes invalid.
The Chief Commissioner and Commissioners of the Commission for the Investigation of Abuse of Authority serve for six years and cannot be reappointed, subject to the constitutional rule allowing a Commissioner to become Chief Commissioner with the prior term included in the calculation.
The Commission for the Investigation of Abuse of Authority investigates alleged corruption by public officials, files cases in the competent court when corruption is established, and refers conduct falling under another authority's jurisdiction to that authority.
Bill introduced ā passed ā assented ā becomes an Act
| Feature | House of Representatives | National Assembly |
|---|---|---|
| Composition | 275 members: 165 first-past-the-post and 110 proportional | 59 members: 56 elected and 3 nominated |
| Status | Ordinary chamber with a five-year term unless dissolved | Permanent House |
| Member term | Linked to the Houseās term | Six years, with one third retiring every two years |
| Minimum age | 25 years | 35 years |
| Feature | Confidence motion | No-confidence motion |
|---|---|---|
| Initiator | Prime Minister | One-fourth of House of Representatives members |
| Timing | Mandatory within thirty days after party division or coalition withdrawal | Not during first two years after appointment or within one year after a failed motion |
| Consequence of passage or failure | Failure to obtain majority ends the Prime Ministerās office | Passage ends the Prime Ministerās office and triggers appointment of the named successor |
Test your knowledge on Constitution of Nepal: Foundations and Rights with 65 multiple-choice questions with detailed corrections.
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?
Memorize the key concepts of Constitution of Nepal: Foundations and Rights with 95 interactive flashcards.
When was the Constitution of Nepal published in the Nepal Gazette?
On 20 September 2015 (2072.6.3).
What happens to laws inconsistent with the Constitution of Nepal?
They are void to the extent of the inconsistency.
Who has the duty to observe the Constitution of Nepal?
Every person.
Import your course and AI generates sheets, quizzes and flashcards in 30 seconds.
Sheet generator