नेपाली संविधान २०७२ - Read Full Nepali Sambidhan Nepali Sanvidhana on your PC and Mobile Devices in a PDF format. This app is made to make every citizen aware of the Constitution of Nepal(Nepali Constitution). As Constitution(in Nepali Sambidhan) is fundamental part of. Nepal ko Sambidhan is an android app that presents the Constitution of Nepal promulgated on Ashoj 3, User of this app will have immediate access.
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Here is the whole book of Nepal Sambidhan (the Constitution of Nepal ) in a Single pdf file. U can easily view it on your PC, Laptop. Read reviews, compare customer ratings, see screenshots, and learn more about Nepali Constitution Download Nepali Constitution. integrity, national unity, independence and dignity of Nepal,. Recalling the glorious Constitution is the fundamental law of Nepal. Any law.
It is described as a mirror which relects the intents, basic philosophy and spirit of the Constitution. But our law makers completely failed to understand the rationale behind keeping the provision of Preamble in the Constitution. In their over enthusiasm of assimilating the concerns of various classes and interest groups vying with one another for establishing their stakes, the lawmakers inally ended in converting the Constitution including its Preamble virtually into a collective declaration of various political parties.
The style of language and certain terminologies and issues incorporated in the Preamble tend to give the impression as if it was a collective election manifesto of various political parties.
The Preamble of the American Constitution vividly and forcefully gives expression to the objectives and goals of the American Constitution in one bare sentence containing only 52 words. In a bid to express commitment towards protection of the rights and interests of various classes and communities, the generous use of multiplicity of objectives and jargons seems to have detracted from the main objectives and intent of the Preamble and its overall impact.
The textual composition of the Preamble is so clumsy and verbose that in course of going through the details of the Preamble when one comes to the end part, the reader either tends to forget what had been mentioned in the beginning or becomes confused about its contents. Such structural composition of the Preamble is not only defective from the viewpoint of legislative drafting rather it also looks ponderous, maladroit and uncouth.
A look at some other Federal States of the world shows that Federalism is required to be introduced generally in two circumstances. Firstly, when several small independent States decide to reach an agreement to enter into a Federation, and 19 Preamble to the Constitution of the United States of America We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
However, neither was the case in the context of Nepal. Of course, the protagonists of Federalism may argue that the concept of Federalism has been introduced in Nepal in a diferent context with some valid reasons behind its introduction. Although the Local Self Governance Act, envisioned the enjoyment of the fruits of democracy through the utmost participation of the sovereign people in the process of governance by way of decentralization and mobilization and allocation of the means for the development of their own region by taking decisions through local leadership, the statutory provisions were, in fact, never seriously implemented for one reason or the other.
Moreover, Federalism has been hyped as a panacea, once introduced, for ensuring self-rule and equitable distribution of beneits and national means and resources, besides equal opportunities in the structure of the State. Anyway, notwithstanding our agreements or disagreements with the need of introducing Federalism in Nepal, now the need of the hour is to work sincerely and seriously towards successful implementation of Federalism introduced in Nepal as provided in the Constitution.
But, unfortunately, a close look at various provisions of the Constitution reveals that adequate seriousness, sensitivity and liberal outlook have not been displayed in regard to the sensitive issues of Federalism and Inclusion.
Federalism is basically a political issue. Provincial structures, their demarcation, regional balance, equitable distribution of power and opportunities, provincial autonomy and reasonable and just adjustment of the rights and interests of various sectors of the society are some of the vital issues which require foremost attention for a peaceful transition to the Federal system.
But in the present context, it is the number of Provinces, their demarcation and the issue of Inclusion which have turned highly controversial. Our lawmakers decided to declare the Constitution in haste without settling satisfactorily the issue relating to the number of Provinces and their territorial demarcation despite vocal dissent and disagreement of the Madhesh based parties.
Composition of Federalism without nomenclature and demarcation has made the Constitution intangible as well as all the more controversial. The Constitution has entrusted the onerous duty of furnishing suggestions with regard to demarcation of the Provinces to a Federal Commission to be constituted subsequently pursuant to Article of the Constitution, and the naming of the Provinces shall be made later on by a decision of a two-third majority of the Provincial Legislatures.
A Critique is bound to create further problems if the political leadership delays to ind out a pragmatic solution to the issue. Such a political issue needs a political decision, and shifting its responsibility to technical committee smacks of the escapist or dilly dallying attitude of our political leadership.
Equal partnership in the central power and authority and autonomous self-rule in the Provinces constitute the core of federalism. However, our Constitution has not satisfactorily addressed these two components of Federalism.
The provision of electing eight members from each Province made in Article 86 2 of the Constitution regarding composition of the National Assembly seems to have ignored demographic composition of the respective Provinces and also tends to create imbalance in their composition. Likewise, while specifying the number of members to be elected to the House of Representatives the density of population should have been taken into consideration along with the geographical territory. The members to be elected to the Parliament irst represent the people residing in the territorial limits of a Constituency rather than the insipid geography alone.
The First Constitutional Amendment introduced barely four months after its promulgation has rightly stressed that while determining the electoral Constituencies the Constituency Delimitation Commission shall ix the electoral area taking into consideration population as the main basis and geography as the secondary basis for representation.
However, it is yet to be tested how the Commission actually executes this constitutional guideline while determining the electoral Constituencies earmarked for members to be elected to the House of Representatives through the irst-past-the-post electoral system.
Besides, capacity and identity are also equally important factors to be considered in regard to the structuring of Provinces. However, Province No. In the days to come, this may create serious implications and numerous hurdles in channelizing adequate resources for governance of this Province.
In fact, the concept of Federalism is basically guided by the concept of Inclusion. Federalism is not simply a crude amalgamation of some territorial entities. It also must present a composite whole of the demographic structure of the people residing within a particular geographical territory and provide equitable opportunities for their overall development and participation in the State structure.
Although the Constitution has made several provisions to address the dimension of Inclusion, nevertheless in many instances it has failed to ensure proportional representation. But no similar speciic requirement has been made in regard to the legislative representation of Adivasi Janjati, Madheshi, Muslim etc.
This deliberate omission was one of the vital reasons which triggered violent protests in several parts of Madhesh.
The precepts and practices of those running the State machinery must synchronize. Paying only lip service to the marginalized sections of the society is not going to serve any purpose or yield any results. Intangible or cosmetic inclusion is bound to be meaningless and inefective. The inclusion targeted sections of the society cannot be befooled or silenced any more by giving them simply some sort of representative presence in the policy and decision making bodies of the State.
In fact, they are rightly agitating to assert their proportionate and meaningful representation in the overall state structure. How much supericial and casual was the approach of the three major political parties dominant at the time of the constitution making process can be further illustrated by the constitutional provisions related to the creation of the four new Commissions such ad Adivasi Janjati Commission, Madheshi Commission, Tharu Commission and Muslim Commission.
These provision show as if the state was so much sensitive towards their empowerment by granting constitutional recognition to their independent existence.
But appearances sometime do prove deceptive! A look at the relevant provisions clearly shows that the proposed Commissions are guided more by a strategic sense of public consumption than their actual implementation.
It is so because those Commissions seem to be incomplete and deicient in the absence of speciic provisions describing their powers and functions.
Nor has anything been mentioned about the mandate of those Commissions. This deiciency becomes all the more pronounced when these Commissions are compared to some other constitutional Commissions like National Women Commission and National Dalit Commission whose mandates, scope and jurisdiction have been well deined in the Constitution itself..
A Critique been serious about these issues, they would have certainly preferred to spend some more time to deine the scope of those Commissions as well. But that was not to be so! The Constitution has provided for a single Federal citizenship with provincial identity in Nepal and guaranteed that no person shall be denied the right to acquire citizenship.
Citizenship by descent, Naturalized citizenship, and Non-residential citizenship. The new constitutional provision about granting citizenship of Nepal by descent on the basis of the name of mother or father specifying gender identity is surely an achievement of the feminist movement. So, no doubt, Part 2 of the Constitution has made progressive provisions relating to citizenship which has successfully addressed most of the past grievances.
However, much of the discontentment regarding citizenship related provisions surfacing in Madhesh is mainly concerned with Article of the Constitution which debars some persons for appointment or election or nomination to some important oices who are not citizens of Nepal by descent. In other words a naturalized citizen cannot be eligible in regard to the above mentioned posts. And rightly so! This provision cannot be found fault with considering the sensitivity and conidentiality associated with those high oices.
Even the American Constitution has made it mandatory that only a natural born citizen of United States of America can aspire to be elected to the oice of American President.
The citizenship debate has been, thus, blown out of all proportions. How Much Practicable? No doubt, the comprehensive catalogue of fundamental rights in the Constitution seems to be guided by the pious wish of ensuring a variety of rights essential for the promotion of a Welfare State. However, the Constitution has provided for some new fundamental rights which seem to be overambitious in nature.
In the context of the limited means and resources available at the disposal of the State, the 21 Art. II, Sec. Constitution of the United States of America No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President.
Some fundamental rights like the right to employment, the right to health, the right to housing and the right to food sovereignty are such examples which are bound to test the nerve of the government. Besides, the constitution makers have also erred in subjugating some fundamental rights to the prospective enactment of relevant laws by the Parliament. Such a provision intended to keep the enjoyment of fundamental rights on hold is not at all consistent with the principle of Constitutionalism.
A fundamental right cannot be suspended making it relative to the enactment of any law. It is so because fundamental rights are, in fact, Natural rights which are not provided rather simply acknowledged by the Constitution. In such a situation, it shall be incongruous with the doctrine of Constitutionalism to advance a plea prohibiting the claim for enforcement of the fundamental rights unless the appropriate laws are made.
Inclusion of unenforceable rights in the Constitution tends to detract from the reliability of the State. Godavari Marble Industry Ltd. Certiorari, date of decision: A Critique The right to religious freedom has emerged as another most contentious issue in the context of constitution making. In the past, it had been described as the Right relating to Religion in Article 23 of the Interim Constitution of Nepal, However, the new Constitution has preferred to call it as the Right to Religious Freedom as mentioned in Article It is interesting to note that religion had been the most discussed and debated issue in course of ascertaining the public opinion regarding the draft of the new Constitution.
And it is no secret that the majority opinion of the Nepali people was against Secularism and in favor of retaining the traditional Hindu character of the State.
However, the Constituent Assembly was caught in the awkward dilemma of how to strike some sort of balance between the majority opinion of the masses regarding retention of the Hindu character of the State and the pressure and inluence exerted by some external forces to destroy the traditional Hindu character of the State. In the process, the Constituent Assembly settled for an absurd solution.
What an absurd and ludicrous explanation it is! Conclusion Undoubtedly, the Constitution of Nepal promulgated by the Constituent Assembly has been a historical step aimed at ending the transitional period and taking the peace process to a logical conclusion. But even after the lapse of full nine months following the promulgation of the Constitution everything does not seem to be normal in regard to execution of this constitutional document.
A sizable section of Madhesi, Tharu , Adivasi and Janajati communities are still expressing their vocal reservations about certain provision of the Constitution.
Until in the recent past, the Madhesh based parties were out on the streets indulging in aggressive sloganeering and sporadic violent protests. At present, the protests have moved to Kathmandu and are being displayed on a low key. But who knows, it may be a lull before the storm? So this issue needs immediate serious and sincere consideration by the State. So long as a basic document like the Constitution does not earn the assent, acceptance and ownership of every section of the society, peace, stability and development can be hardly sustainable.
Moreover, a Constitution should be made only on the basis of knowledge, conscience and informed discussion and debate. The common Nepali people still wonder, if those Constituent Assembly members were not to be allowed to have meaningful debate and discussion according to their own conscience, what was the justiication for constituting such a huge member Constituent Assembly resulting in unnecessary expenditure on the national Exchequer? Was it virtually not a misuse or abuse? All said and done, still there is time to rectify the errors committed in the past.
Democracy is in itself a complex but popular system of majoritarian rule. Every Constitution is a dynamic instrument and reform is a continuous process.
Our Constitution is moderately lexible. So it would be prudent to address the valid concerns of the agitating forces through constitutional amendment, but, of course, without compromising in any way with national integrity and sovereignty. However, this would surely require political statesmanship capable of displaying political farsightedness, a spirit of co-existence and dynamic outlook. The political parties should no more delay to act promptly to resolve the crisis surfaced in the southern plains following promulgation of the present Constitution.
The State leadership should bring the disgruntled forces to the negotiation table. A Constitution is not a scripture written on a stone with indelible imprints. It is a dynamic and amendable document. Thus it would be wise to hold meaningful and serious dialogue with the agitating forces at the earliest possible, and the agitating forces should also shun political rigidity and violent means of protest and dissent.
Political rigidity on either part shall prove only detrimental to both the parties. The nation should not be made to sufer on account of the myopic thoughts and preconceived notions of those who are pulling the string of political power. Let the best interests of Nepal and the Nepali prevail at the end! And, inally, let us work together to transform the new Constitution into an instrument of consensus enriched by common ownership.
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