When was the interim constitution 2063 of Nepal promulgated. No tax shall be levied and raised except in accordance with law. The parliament can execute its work notwithstanding any vacancies in the seats of its members and no proceedings shall become invalid even if it is subsequently found out that a person, not entitled to take part in the proceedings of the House, had participated. The State shall adopt the policy of gradually institutionalizing peace in Nepal through international recognition and by maintaining cooperation and good relations with friendly neighbouring nations and all other countries of the world in economic, social and other spheres on the basis of equality. What are the four features of bacteria that enable them to survive in a wide variety of habitats? A bill may be introduced in the House by any member of the Legislative-Parliament. AIf a question arises as to whether a Legislative-Parliament member is disqualified or has ceased to possess any of the qualifications set forth in Article 46 the final decision regarding it shall be made by the Legislative-Parliament. If consultations are carried as prescribed in Sub- clause (4), then there shall be re-voting for the Preamble or any Article of such a Bill within seven days from the date of such consultations end. The State shall pursue a policy of making a special provision based on positive discrimination for women, Dalits, indigenous ethnic groups, Madhesis, Muslims, including minority groups, labourers, squatters, bonded labourers, physically impaired, backward communities and regions, and the victims of conflict. No proceedings shall be initiated in any court against any person for publication of any document, report, vote or proceeding which is made under authority given by the Parliament. The State shall pursue a policy of strengthening national unity by maintaining the cultural diversity of the people through equal development of languages, literatures, scripts, arts and cultural heritage for healthy and harmonious social relationships based on equality and coexistence among people belonging to different religions, cultures, castes, communities, race, groups and language groups. Adopt a policy of providing economic and social security to the class that are socio-economically backward such as the landless, bonded labourers, tillers and shepherds. Th e CA-I of Nepal was elected in 2008 with the mandate to draft a constitution that protects people’s rights—especially those of minorities and vulnerable groups—and enshrines democratic principles. After the promulgation of interim constitution, the new Human Rights Commission Act, 2012 came into Th e … by Legislative Parliament. 1990 Const. No person shall be deprived of his personal liberty save in accordance with law. No discrimination against as untouchable shall be made against any person on the basis of caste, lineage, community or occupation. Economically, socially or educationally backward women, Dalit, Ethnic Tribes, Madheshi community, oppressed class, poor farmers and labourers shall have the right to participate in the state restructuring on the basis of proportional inclusive principles. If the election of the Speaker and Deputy Speaker has not taken place, or if both the positions become vacant, the member who is by age the seniormost, in the Legislative-Parliament shall preside over the meeting of the Legislative- Parliament. The election of the Constituent Assembly shall be carried out on the basis of the points outlined in this Article and other points related to it shall be according to the provisions made by the law. Shall, unless rendered ineffective or repealed under Sub-clause (a) or (b), ipso facto cease to have effect at the expiration of sixty days from the commencement of a session of Legislative-Parliament. In accordance with the provision made in the law every employee and worker shall have the right to open trade unions, gather together and make group negotiation for their personal benefit. The State shall mobilize required resources for the implementation of the principles and policies listed in this section. Publicize the names of official, person or agency not following or implementing the recommendations and directions of the National Human Rights Commission regarding the violations of human rights and recorded them as the human rights violators in accordance with law. The State shall pursue a policy of economic development through government and private sectors, including cooperatives. As per the provision made by the law the Constituent Assembly shall be composed of a total of 425 members � 409 elected and 16 nominated on the basis of Mixed Electoral System. Ensure forward-looking political, economical and social change in the country. Can you think of other common practices and policies that might interfere with exchange efficiency? The unable party in accordance with the provision made by the law shall have the right to free legal service. You can read full Nepal constitution 2072 online as well. Citizenship at the Commencement of the Constitution: Acquisition and Termination of Citizenship: Rights against untouchability and racial discrimination: Press, Publication and Broadcasting Right: Appointment of Non-Member of Legislature-Parliament as Minister: The Council of Ministers after the formation of the Constituent Assembly: Decision as to Disqualifications of Members: Speaker and Deputy Speaker of the Legislature-Parliament: Transaction of Business in the case of Vacancy of Members: Procedures Relating to the Conduct of Business: Constituent Assembly to Exe rcise the Power of the L egislature-Parliament: Decision as to the Disqualification of Members: Procedure for Passage of Constitution Bills: Chairperson and Vice Chairperson of the Constituent Assembly: Vacation of Seats of Chairperson and Vice Chairperson: Transaction of Business of the Constituent Assembly in case of vacancy of Members: Penalty for Unauthorized Presence or Voting: Procedures relating to the Conduct of Business: No Tax to be Levied or Loan to be Raised Except in Accordance with Law: Expenditures From the Consolidated Fund or the Government Fund. A policy shall be pursued to make legal provision to provide allowance to the elderly, incapacitated women, and the unemployed. The Prime Minister shall summon the first session and after this, the Legislative-Parliament shall summon the session from time to time. An Ordinance promulgated under Clause (1) shall have the same force and effect as an Act. Again following the 2063 democracy movement in Nepal, Interim … Should be committed towards the spirit of the peoples� movement. During the time of the commencement of this constitution the following person residing permanently in Nepal shall be considered the citizen of Nepal. In the case of the death of the Prime Minister, Deputy Prime Minister or the senior most Minister shall function as the Prime Minister until the selection of a new Prime Minister is held. Every woman has the right to reproductive health and reproductive related right. The formation of such a secretariat or other related issues shall be as determined by the law. Prepared and Promulgated on behalf of the people. Chairperson and members of the National Human Rights Commission. The Speaker shall be entitled to take part and vote in the deliberations on such resolution. shall be tabled at the next session of Legislative-Parliament, and if not passed by such session, it shall ipso facto cease to be effective; may be repealed at any time by the Nepal Government; and. This, after the Interim Legislature, tonight Nepal time, unanimously ratified the Interim Constitution of Nepal 2063 promulgated by the last sitting of the House of Representatives. Actions in pursuant to clause (1) shall be punishable by the law and any person so treated shall be compensated in accordance to the decision determined by law. The interim constitution of Nepal 2063-11-30 (First Amendment ), 2063 (2007) (14 March 2007) 2. The then king, Tribhuvan Bir Bikram Shah promulgated the constitution. If there can not be a unanimous decision in the Preamble or any Articles of the Constitution Bill as prescribed in Sub- clause (2), the political leaders representing the parliamentary (legislature) parties shall carry out mutual consultations to develop a consensus in the said subject matter. If he does not pay the fine, then it shall be recovered as government dues. Focus all its attention to conduct a free and impartial election for the members of the Constitutional Assembly within Jestha 2063 (June 2007), considering the matter to practically guarantee that the sovereign authority of the State inherently lies in the Nepali people. No question shall be raised in any court in this regard. While presenting annual estimates pursuant to Clause (1), the statement of expenses allocated to each Ministry in the previous financial year and particulars of whether the objectives of the expenses were achieved or not shall also be presented. The main objective of the be to protect the lives, property and independence of people, maintain equality, establish a just system in social, economic and political spheres including all aspects of national life, and promote a democratic system based on an open society. The chairperson and vice chairperson of the Constituent Assembly shall respectively be the chairperson and vice chairperson of the legislative. The right to proceed in the manner set forth in Article 107 for the enforcement of the rights conferred by this Part is guaranteed. Use existing Hydro-electricity potentials and other natural resources in the interest of the nation. If he does not pay the fine, then it shall be recovered as government dues. While implementing scientific land reforms or for social welfare reason if the state acquires or obtain any person’s property or make authoritative claim on such property shall provide compensation in accordance with the law. This Constitution is the fundamental law of Nepal. Notwithstanding anything contained under this article the son or daughter or descendant of a citizen of Nepal married to a foreigner, born and who has been a resident of Nepal and hasn’t taken citizenship of the another country on the basis of his/her father’s citizenship shall acquire the citizenship of Nepal pursuant to provisions made by the prevalent law. Administrative expenses of the Supreme Court, Commission for the Investigation of the Abuse of Authority, Office of the Auditor General, Election Commission and National Human Rights Commission. The Finance Minister shall present supplementary estimate if the following situation is found in any fiscal year: If the amount authorized to be spent for a particular service by the Appropriation Act in the current fiscal year is insufficient, or if it becomes necessary to spend under a new service for which the fund has not been appropriated, or. The Secretariat of the Constituent Assembly and its employees shall also be the Secretariat and employees of the legislatives. Every community shall have the right to get basic education in their mother tongue in accordance with the provision made by the law. The principle of inclusiveness shall have to be kept in mind while choosing the candidates by the political parties according to part (a) of Sub-clause (3) and while listing the candidates by the political parties pursuant to part (b), they should make sure that various people like women, Dalit( suppressed group), underprivileged tribes, aborigines, backward region, Madhesi including other class are proportionally represented according to the law. This constitution was called the Interim Government of Nepal Act. The Speaker and Deputy Speaker positions of the Legislative-Parliament shall become vacant in the following circumstances: if he ceases to be a member of the Legislative-Parliament. The Constitution while executing work as legislative with necessary adjustments in provisions of part 9 shall implement the Constituent Assembly. When was the interim constitution 2063 of Nepal promulgated? The consultation work as prescribed in Sub- clause (3) should be completed within a maximum period of fifteen days from the date that such a unanimous decision could not be reached. The State shall adopt a special policy to regulate the implementation and management of public and non-governmental organizations established in the country. The arrested person shall have the right to consult a legal professional of his choice at the time of his/her arrest. Expressing full commitment to democratic ideals and norms, including Competitive Multi Party Democratic System, Civil Liberty, Fundamental Rights, Human Rights, Adult Franchise, Periodical Elections, Full Press Freedom, Independent Judiciary and principles of the rule of law. While carrying out the election as prescribed in Sub- clause (1), the Chairperson and Vice Chairperson should be from the different political parties represented in the Constituent Assembly. Every employee and worker shall have the right to proper work exercise. The executive work of Nepal shall be in the name of the Nepal Government. Every woman has the right to reproductive health and reproductive related right. If any question arises whether a Bill is a Finance Bill or not, the decision of the Speaker of the Legislative-Parliament shall be final. The State shall pursue a policy of raising the standards of life of the general public by developing basic infrastructure for education, health, transportation, and housing, and provide opportunities of livelihoods for the people of all the regions through equitable distribution of economic investment for balanced development of the country. Constitution of Nepal 2072 in pdf download from here. The Constituent Assembly before initiating its work on the Constitution drafting shall carry out the election of one Chairperson and one Vice Chairperson from among its members. Unless for social welfare the state shall not acquire or obtain nor shall they have any authority over such property. In case where any person does something that can not be punished under the prevalent law then that person shall not be punished and if any person commits a crime then that person shall not be punished more than what is decided by the prevalent law. Effectively implement international treaties and agreements of which the Nepali State is a party. All laws inconsistent with it shall, to the extent of such inconsistency, be void. No member of the Constituent Assembly shall be arrested during the period of Constitution drafting. 204 members elected on the basis of Proportional Electoral System for the political parties considering the whole country as one single constituent. Divided into 25 Parts, 167 Articles, and 4 Schedules, this constitution established Nepal as a secular and republican state whose state power is inherent in the people. The Prime Minister and other Ministers shall be collectively responsible to the Legislative-Parliament, and the Ministers shall be individually responsible to the Prime Minister and the Legislative-Parliament for the work of their respective Ministries. The Chairperson and Vice Chairperson post shall be vacant in the following conditions: If his membership in the Constituent Assembly no longer remains, If at least two thirds majority members of the Constituent Assembly pass a proposal against his conduct, or. No citizen shall be exiled from the country. The parliament shall have the exclusive right to decide whether or not any breach of privilege has taken place. The Interim Constitution of Nepal 2063 BS was promulgated on 1 st Magh 2063 BS in the name of the people by legislative parliament. All languages spoken in Nepal as mother tongues are national Languages. If any point prescribed in this Article is violated, it shall be a breach of privilege of the Constituent Assembly and this breach of privilege of the Constituent Assembly shall be considered as contempt of the Constituent Assembly. The third constitution is being drafted in Nepal in the duration of twenty years. Other matters relating to privileges not mentioned in this Constitution shall be as determined by law. Notwithstanding anything contained under Article 8, the Government of Nepal may grant to a person naturalized or honorary citizenship of Nepal. No discrimination in regard to remuneration shall be made between men and women for the same work. What does contingent mean in real estate? The State shall not discriminate among citizens on grounds of religion, race, sex, caste, tribe, or ideological conviction or any of these. Each meeting of the Constituent Assembly shall have full power to regulate its internal business and only the concerned meeting shall have the exclusive right to decide whether or not any proceeding is regular. It shall be the duty of every person to uphold the provisions of this Constitution. But the information that should be kept confidential in accordance with the law, any person shall not be made compelled to provide such information. The Constituent Assembly, while passing the Bill of the Constitution, shall do so by carrying out voting in the Preamble and each Article of such a Bill tabled in the Constituent Assembly. Nepalese welcomed the constitution with candles wishing for peace in the country. Every citizen shall have the right to employment according to the provisions made by the law. No person shall be made to work against his/her wishes. The State, while mobilizing the country�s natural resources and heritage for the interest, utilization and benefit of the nation, shall pursue a policy of giving priority to local people. Except as otherwise provided in this Constitution, all questions submitted for decision in the House shall be decided by a majority vote of the members present. The compensation and basis of it and working system will be in accordance with the decision made by the law. The use of the Executive Power after the formation of the Constituent Assembly, the formation of the Council of Ministers and other necessary points shall be as provisioned in this part after necessary adjustments. Pursue the policy of establishing the rights of all citizens to education, health, housing, employment, and adequate food. Not punished by the law on criminal charges, If he does not or has ceased to possess the qualifications referred to in Article 65. The exploiting actions shall be punishable by the law and the person who is treated in such manner shall be compensated in accordance with the law. It was adopted on 15/01/2007 and it has been in force from the adopted date. No person shall, on the basis of caste, be discriminated against as untouchable, be denied access to any public place, or be deprived of the use of public utilities or be denied entry into public religious places or be denied to perform any religious ceremony. The government has declared Tuesday, January 16, 2007, a public holiday to mark the promulgation of the Interim Constitution. Is there a way to search all eBay sites for different countries at once? The Prime Minister shall end the session of the Parliament in consultation with the Speaker of the Legislative-Parliament. The Interim Constitution of Nepal – 2063 (2007 AD) Part I – English No discrimination shall be made against any citizen in the application of general laws on grounds of religion, race, sex, caste, tribe or ideological conviction or any of these. Unless demanded by law, the privacy of the person’s body, house, property, document, statistics, correspondence or photographs of anyone is inviolable. Divided into 25 parts, 167 articles, and 4 schedules, this constitution established Nepal as a secular and republican … The Prime Minister can, on the recommendation of the concerned political party, appoint Assistant Ministers from amongst the members of Legislative-Parliament to assist any Minister in executing his duty. There shall be full freedom of speech in the parliament and no member shall be arrested, detained or prosecuted in any court for anything said or for any vote cast in the House. Executive: Prime Minister: KP Sharma Oli Council of Ministers: Oli II Civil Services Cabinet Secretary Federal Parliament: House of Representatives Speaker: Agni Prasad Sapkota House Leader: KP Sharma Oli Opposition Leader: Sher Bahadur Deuba National Assembly Chairman: Ganesh Prasad Timilsina House Leader: Dina Nath Sharma Opposition Leader: Surendra Pandey Judiciary: Supreme Court Chief Justice of Nepal: Cholendra Shumsher JB Rana District Courts Elections Election Commission Political … All citizens shall be equal before the law. If the office of the Speaker and Deputy Speaker become vacant, the Legislative-Parliament shall fill the vacancy through election from among its members. If an understanding cannot be reached pursuant to Clause (1), the Prime Minister shall be elected by a majority of two-thirds of the members of Legislative- Parliament. Apart from in accordance with the law any press, electrical transmission and any other communication including telephone shall not be obstructed. Expenditure amount incurred in extraordinary circumstances under a Vote of Credit Act. There shall be one Secretariat to manage the work of the Constituent Assembly. The first meeting of the Constituent Assembly will sit on the twenty first day after the final results of the election of members of the Constituent Assembly is made public by the election commission and the meeting thereafter as summoned by the Prime Minister will sit on the prescribed date and place by the person chairing the Constituent Assembly. Chairperson and members of the Public Service Commission, Chief Election Commissioner and other Election Commissioners, and. The Interim Constitution as published here includes the changes made by the five amending Acts –the Interim Constitution of Nepal (First Amendment), 2063 Chaitra 30 (April 13, 2007), and the Interim Constitution of Nepal (Second Amendment), 2064
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