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.
In whom is the sovereignty and state authority of Nepal vested?
In the Nepalese people.
What unites the multiethnic and multilingual Nepalese people as a nation?
Common aspirations and allegiance to national independence, territorial integrity, national interest, and prosperity.
How is the State of Nepal defined?
As an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican state.
Name three elements included in the national interest of Nepal.
Freedom, sovereignty, and territorial integrity.
What does the national interest of Nepal protect besides sovereignty and dignity?
Border security, economic wellbeing, and prosperity.
What type of citizenship does Nepal provide with State identity?
Single federal citizenship.
Can any citizen be deprived of the right to obtain Nepalese citizenship?
No citizen may be deprived of that right.
Who may be a citizen of Nepal by descent at birth?
A person whose father or mother was a Nepalese citizen at birth.
What is required for citizenship by descent besides having a Nepalese parent?
Permanent domicile in Nepal at the Constitution's commencement.
What citizenship status does a minor found in Nepal with unknown parents have?
Citizen of Nepal by descent until parents are traced.
Who may acquire naturalized Nepalese citizenship by marriage?
A foreign woman married to a Nepalese citizen, subject to Federal law.
Who may receive non-resident Nepalese citizenship after acquiring foreign citizenship?
A person with a Nepalese parent, grandparent, or previous Nepalese citizenship.
How can a person who obtains citizenship by descent identify gender on their certificate?
Through the name of the person's mother or father.
What right does every person have regarding dignity and the death penalty?
Every person has the right to live with dignity, and no law may provide for the death penalty.
Which freedoms do citizens have related to expression and association?
Citizens have freedoms of opinion, expression, peaceful assembly without arms, forming political parties, unions, and associations.
What equality principle applies to all citizens before the law?
All citizens are equal before the law and entitled to equal protection.
On what grounds is discrimination prohibited in applying general laws?
Discrimination is prohibited on origin, religion, race, caste, tribe, sex, physical condition, health, marital status, pregnancy, economic condition, language, region, or ideology.
What rights does an arrested person have regarding legal defense and timing?
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.
What protections exist for persons charged with an offence?
They are presumed innocent until proven guilty, cannot be tried twice for the same offence, and cannot be compelled to testify against themselves.
What protections exist against torture for arrested or detained persons?
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.
What duties do citizens have regarding Nepal's sovereignty and laws?
Citizens must safeguard Nepal's nationality, sovereignty, and integrity; abide by the Constitution and law; render compulsory service when required; and protect public property.
What guides State governance according to Part 4's directive principles?
Directive principles, policies, and obligations in Part 4 guide State governance.
Name three political objectives of the State.
Public welfare, rule of law, and fundamental and human rights are political objectives.
What is the economic objective of the State?
Sustainable development and rapid economic growth through maximum resource mobilization.
What does State policy on national unity and security protect?
Freedom, sovereignty, territorial integrity, and independence.
What are key features of State policies on governance?
Protecting human rights, rule of law, and ensuring fair, competent, and transparent administration.
What social and cultural transformations do State policies promote?
Ending discrimination, protecting cultural diversity, and pursuing a multi-lingual policy.
What sectors are involved in State policies on economy, industry, and commerce?
Public, private, and cooperative sectors in partnership.
What priorities are included in State policies on economy, industry, and commerce?
Equitable resource distribution, export promotion, consumer protection, and regulated foreign investment.
What must the State progressively implement while protecting fundamental rights?
Directive principles and State policies.
What must the Government of Nepal submit annually to the President?
A report on implementation and achievements of directive principles, policies and obligations.
Who monitors and evaluates the implementation of directive principles and policies in Nepal?
A committee established in the Federal Parliament.
Can questions about the implementation of directive principles be raised in any court?
No, questions about their implementation cannot be raised in any court.
Name three areas covered by State policies in Nepal.
Sustainable natural resource use, renewable energy development, and environmental protection.
Which policy area ensures accessible education and health services in Nepal?
State policies.
What kind of foreign policy do Nepal's State policies require?
An independent foreign policy.
What are the three levels of Nepal's state structure?
Federation, States, and Local level.
Which institutions are included in Nepal's Local level?
Village Institutions, Municipalities, and District Assemblies.
What special regions can Federal law establish in Nepal?
Special, Protected, or Autonomous Regions.
Which schedule assigns Federal powers in Nepal?
Schedule 5.
Which schedule assigns State powers in Nepal?
Schedule 6.
Who holds residual power over unassigned matters in Nepal?
The Federation.
What must laws under concurrent powers avoid in Nepal?
Conflicting with Federal law.
What happens to inconsistent local laws under Federal-State-Local concurrent powers?
They are invalid to that extent.
Who is the head of state of Nepal?
The President.
Who elects the President of Nepal?
An electoral college of Federal Parliament and State Assemblies members.
What happens if no presidential candidate obtains a majority in the first vote?
The two leading candidates compete in a second vote.
What are the age and membership qualifications for a presidential candidate?
At least 45 years old and qualified for Federal Parliament membership.
How many times can a person be elected President of Nepal?
No more than twice.
What is the President's term length?
Five years.
Who performs presidential functions during the President's absence?
The Vice-President.
What is the maximum number of Ministers in Nepal's Council of Ministers?
Twenty-five including the Prime Minister.
What two houses make up Nepal's Federal Legislature?
The House of Representatives and the National Assembly.
How many members are in Nepal's House of Representatives?
There are 275 members in the House of Representatives.
How are the 275 members of the House of Representatives elected?
165 by first-past-the-post and 110 by proportional representation.
What is the minimum proportion of women in each political party's Federal Parliament members?
At least one third must be women.
What is the normal term length of the House of Representatives?
Five years unless dissolved earlier.
How long do National Assembly members serve and how often do they retire?
They serve six-year terms with one third retiring every two years.
What are the age requirements for Federal Parliament membership?
At least 25 years old for the House and 35 for the National Assembly.
What other qualifications must a person meet to join Nepal's Federal Parliament?
Be Nepali citizen, free from disqualifying conviction, and not hold an office of profit.
Within how many days must the House elect a Speaker and Deputy Speaker?
Within fifteen days of the first meeting.
What gender representation is required among the Speaker and Deputy Speaker?
One must be a woman.
Who chairs the House if the Speaker is absent?
The Deputy Speaker chairs the House.
Who chairs the House if both Speaker and Deputy Speaker offices are vacant?
The senior-most attending member by age chairs.
Who chairs the National Assembly if the Chairperson is absent?
The Vice-Chairperson chairs the National Assembly.
Who chairs the National Assembly if both Chairperson and Vice-Chairperson positions are vacant?
The senior-most attending member by age chairs.
Within how many days must the President summon the first Federal Parliament session?
Within thirty days of the final election results.
What is the minimum attendance required to present a question or resolution in either House?
At least one-fourth of the total members must be present.
When must the Prime Minister table a confidence motion if the party is divided?
Within thirty days.
What happens if the Prime Minister fails to obtain a majority in a confidence motion?
The Prime Minister must leave office.
How many members can table a written no-confidence motion in the House?
One-fourth of the total members.
What must a no-confidence motion include besides the motion itself?
A proposed replacement Prime Minister's name.
When is a no-confidence motion not allowed to be tabled?
During the first two years after appointment or within one year after a failed motion.
What majority is required for a no-confidence motion to remove the Prime Minister?
A majority of the total members of the House of Representatives.
Who appoints the new Prime Minister after a successful no-confidence motion?
The President.
What protection do members have for statements made in the House?
They cannot be arrested, detained, or prosecuted for those statements.
Where may a Money Bill be introduced according to the Constitution?
Only in the House of Representatives.
What subjects does a Money Bill concern?
Taxation, government funds, borrowing, guarantees, revenues, loans, grants, accounts, audits, or related matters.
What must the National Assembly do with a Money Bill within fifteen days?
Return it to the House of Representatives with any suggestions.
What happens if the National Assembly does not return a Money Bill within fifteen days?
The House of Representatives may present it to the President for assent.
Within how many days must the President assent to a Bill after submission?
Within fifteen days.
What can the President do with a non-Money Bill within fifty days?
Return it for reconsideration.
Under what condition may the President promulgate an Ordinance when both Houses are not in session?
If immediate action is necessary and on the Council of Ministers' recommendation.
What is required for levying taxes or raising government loans?
They must be in accordance with Federal law.
What is the Supreme Court in Nepal?
Nepal's court of record with final authority to interpret laws and supervise courts.
What types of courts exist in Nepal besides the Supreme Court?
High Courts, District Courts, and local or alternative dispute judicial bodies.
Who appoints the Chief Justice of Nepal's Supreme Court?
The President on the Constitutional Council's recommendation.
Who appoints other Supreme Court Judges in Nepal?
The President on the Judicial Council's recommendation.
What is the maximum number of Judges in Nepal's Supreme Court excluding the Chief Justice?
Twenty Judges.
What is the term length of the Chief Justice in Nepal?
Six years.
What legal powers does Nepal's Supreme Court have regarding laws and writs?
It can declare laws void and issue writs like habeas corpus and mandamus.
What causes a vacancy in the office of Nepal's Chief Justice or Supreme Court Judge?
Resignation, age 65, impeachment, inability, crime conviction, or death.
Test your knowledge with 65 questions on Constitution of Nepal: Foundations and Rights.
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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