- THE INTERIM CONSTITUTION OF NEPAL 2063 (2007)
- Part 1 Preliminary
- PART 2 CITIZENSHIP
- PART 3 FUNDAMENTAL RIGHTS
- PART 4.OBLIGATIONS, DIRECTIVE PRINCIPLES ANDPOLICIES OF THE STATE
- PART 4A 7PRESIDENT AND VICE-PRESIDENT
- PART 5 EXECUTIVE
- PART 6 LEGISLATURE-PARLIAMENT
- PART 7 CONSTITUENT ASSEMBLY
- PART 8 LEGISLATIVE PROCEDURE
- PART 9 FINANCIAL PROCEDURE
- PART 10 JUDICIARY
- PART 11 COMMISSION FOR THE INVESTIGATION OF ABUSE OF AUTHORITY
- PART 12 AUDITOR GENERAL
- PART 13 PUBLIC SERVICE COMMISSION
- PART 14 ELECTION COMMISSION
- PART 15 NATIONAL HUMAN RIGHTS COMMISSION
- PART 16 ATTORNEY GENERAL
- PART 17 STRUCTURE OF STATE AND LOCAL SELF- GOVERNANCE
- PART 18 POLITICAL PARTIES
- PART 19 EMERGENCY POWER
- PART 20 PROVISIONS RELATING TO ARMY
- PART 21 AMENDMENT TO CONSTITUTION
- PART 22 MISCELLANEOUS
- PART 23 TRANSITIONAL PROVISIONS
- PART 24 DEFINITIONS
- PART 25 SHORT TITLE, COMMENCEMENT AND REPEAL
- Schedule
THE INTERIM CONSTITUTION OF NEPAL 2063 (2007)
Date of Authentication and publication 2063-10-01 (January 15 2007) Amendments - The interim constitution of Nepal 2063-11-30 (First Amendment ), 2063 (2007) (14 March 2007)
- The interim constitution of Nepal 2064-2-30 (Second Amendment), 2063 (2007) (13 June 2007)
- The interim constitution of Nepal 2064-9-13 (Third Amendment), 2064 (2007) (28 December 2007)
- The interim constitution of Nepal 2065-2-16 (Fourth Amendment), 2065 (2008) (29 May 2008)
- The interim constitution of Nepal 2065-3-29 (Fifth Amendment), 2065 (2008) (13 July 2008)
- The interim constitution of Nepal 2065-8-30 (Sixth Amendment), 2065 (2008) (15 Dec. 2008) PREAMBLE : WE, THE SOVEREIGNTY AND STATE AUTHORITY INHERENT PEOPLE OF NEPAL, Respecting the people's mandate expressed in favour of democracy, peace and
progression through historical struggles and people's movements launched by the people of Nepal at various times since before 2007 (1951) to till the date ; Pledging to accomplish the progressive restructuring of the State in order to solve the
problems existing in the country relating to class, ethnicity, region and gender;
Expressing our full commitment to democratic values and norms including the
competitive multi-party democratic system of governance, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, complete freedom of the press, independent judiciary and concepts of the rule of law;
Guarantee the basic rights of the people of Nepal to make a constitution for them on their own and to take part in a free and fair election to the Constituent Assembly in an environment without fear;
Putting democracy, peace, prosperity, progressive socio-economic transformation and sovereignty, integrity independence and prestige of the country in the center;
Declaring Nepal as a federal, democratic republican state upon duly abolishing the monarchy1;
HEREBY DECLARE, with a view to institutionalizing the achievements made through the revolutions and movements till now, the promulgation of this Interim Constitution of Nepal 2063 (2007), which has been made through a political understanding and to be in force until a new constitution is framed by the Constituent Assembly.
Part–1 Preliminary
1. Constitution as the Fundamental Law: (1) This Constitution is the fundamental law of Nepal. Any laws inconsistent with it shall, to the extent of such inconsistency, be void.
(2) It is the duty of every person to uphold this Constitution. - Sovereignty and State Authority: The sovereignty and the state authority of Nepal shall be vested in the people of Nepal.
- Nation: Having multiethnic, multilingual, multireligious and multicultural
- characteristics with common aspirations and being united by a bond of allegiance to national independence, integrity, national interest and prosperity of Nepal, all the Nepalese people collectively constitute the nation.
- State of Nepal: (1) Nepal is an independent, indivisible, sovereign, secular, inclusive and federal, democratic republican state2.
2 Amended by the Fourth Amendment - The territory of Nepal shall comprise of :
- The territory existing at the commencement of this constitution; and
- Such other territory as may be acquired after the commencement of this Constitution.
- Language of the Nation: (1) All the languages spoken as mother tongues in Nepal are the languages of nation.
- The Nepali Language in Devanagari script shall be the official language.
- Notwithstanding anything contained in Clause (2), nothing shall be deemed to prevent the using of any language spoken as the mother tongue in a local body and office. The State shall maintain records by translating the languages so used in the official language.
- National Flag: The National flag of Nepal, as handed down by tradition, consists of two juxta-posed triangular figures with a crimson-coloured base and deep blue borders, there being a white emblem of the crescent moon with eight rays visible out of sixteen in the upper part and a white emblem of a twelve rayed sun in the lower part. The method of drawing out the flag and other particulars relating thereto shall be as set forth in the Schedule -1.
- National Anthem etc: (1) The national anthem and the coat-of-arms of Nepal
shall be as determined by Government of Nepal.
(2) The Rhododendron Arboreum is the national flower, Crimson Colour shall be the national colour, the Cow shall be the national animal and the Lophophorus shall be the national bird of Nepal.
1 Inserted by the Fourth Amendment.
PART 2
CITIZENSHIP
8. Citizenship at the Commencement of the Constitution: (1) At the commencement of this Constitution, the persons who have acquired the citizenship of Nepal and who are eligible to acquire the citizenship by virtue of this part shall be the citizenship of Nepal. - (2)
- At the commencement of this Constitution, the following persons who have their permanent domicile in Nepal shall be deemed to be the citizens of Nepal by descent:
- (a)
- any person who has acquired citizenship by descent prior to the commencement of this Constitution;
- (b)
- any person whose father or mother was a citizen of Nepal at his or her birth.
- (3)
- Every child who is found within the territory of Nepal and the whereabouts of whose parents are not known shall, until the father or the mother of the child is traced, be deemed to be a citizen of Nepal.
- (4)
- Whenever any territory is acquired by way of incorporation into Nepal, every person having his or her domicile in such territory shall become a citizen of Nepal, subject to the provisions of the laws in force.
- (5)
- Any person who was born in the territory of Nepal before or on the last day of the month of Chaitra of the year 2046 (13April 1990) and has
been permanently domiciled in Nepal shall acquire the citizenship of Nepal by
birth pursuant to the laws in force.
Provided that, for the acquisition of citizenship under this provision, any
person must make an application within the prescribed period, for one time, as
provided in the laws in force. - (6)
- A woman of foreign nationality who has a matrimonial relationship with a citizen of Nepal may, if she so wishes, acquire the naturalized citizenship of Nepal, pursuant to the laws in force.
- (7)
- Notwithstanding anything contained elsewhere in this Article, in the case of a person born from a woman citizen of Nepal married to a foreign citizen, if such person was born in Nepal, has permanently resided in Nepal and has not acquired the citizenship of a foreign country on the basis of the citizenship of his or her father, he or she may acquire the naturalized citizenship of Nepal, pursuant to the laws in force.
- Naturalized or honorary citizenship: Except as mentioned in Article 8, the Government of Nepal may grant the naturalized or honorary citizenship of Nepal, as provided in the laws.
- Acquisition and termination of citizenship: Other necessary matters including the acquisition and termination of citizenship shall be as provided in the laws in force.
- Deputation of citizenship teams: The Government of Nepal may depute citizenship distribution teams to grant citizenship to those persons who are eligible to acquire citizenship as provided in the laws in force.
PART 3 FUNDAMENTAL RIGHTS
13. Right to freedom: (1) Every person shall have the right to live with a dignity, and no law shall be made which provides for the death penalty.
(2) No person shall be deprived of his or her personal liberty save in accordance with law. - (3)
- Every citizen shall have the following freedoms:
- (a)
- Freedom of opinion and expression;
- (b)
- Freedom to assemble peaceably and without arms;
- (c)
- Freedom to form political parties;
- (d)
- Freedom to form unions and associations;
- (e)
- Freedom to move and reside in any part of Nepal; and
- (f)
- Freedom to practice any profession, carry on any occupation,
industry and trade.
Provided that:
- (1)
- Nothing in Sub-clause (a) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religions or communities, or on any act of defamation, contempt of court or incitement to an offence, or on any act which may be contrary to public decency or morality.
- (2)
- Nothing in Sub-clause (b) shall be deemed to prevent the making of laws to impose reasonable restrictions on any
act which may undermine the sovereignty, integrity or
public peace and order of Nepal. - (3)
- Nothing in Sub-clauses (c) and (d) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religions or communities, or which may incite violent activities, or which may be contrary to public morality.
- (4)
- Nothing in Sub-clause (e) shall be deemed to prevent the making of laws which are in the interest of the general public, or which are made to impose reasonable restrictions on any act which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes, religions or communities.
- (5)
- Nothing in Sub-clause (f) shall be deemed to prevent the making of laws to impose restrictions on any act which may be contrary to public health or morality of the general public, to confer on the State the exclusive right to undertake any specific industry, business or service, or to prescribe any condition or qualification for carrying on any industry, trade, profession or employment.
13. Right to equality: (1) All citizens shall be equal before the law. No person shall be denied the equal protection of the laws.
(2) No discrimination shall be made against any citizen in the
application of general laws on grounds of religion, color, sex, caste, tribe, origin, language or ideological conviction or any of these. - (3)
- The State shall not discriminate against citizens among citizens on grounds of religion, race, caste, tribe, sex, origin, language or ideological conviction or any of these.
Provided that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of women, Dalits, indigenous peoples (Adibasi, Janajati), Madhesi or farmers, workers, economically, socially or culturally backward classes or children, the aged and the disabled or those who are physically or mentally incapacitated.
- (4)
- No discrimination in regard to remuneration social security shall be made between men and women for the same work.
14. Right against untouchability andracial discrimination: (1) No person shall be discriminated against as untouchable and subjected to racial discrimination in any form, on grounds of caste, race, community or occupation. Such discriminatory treatment shall be punishable, and the victim shall be entitled to such compensation as determined by law. - (2)
- No person shall, on grounds of caste or race, be deprived of the use of services, facilities or utilities available to the public or of the access to any public place or public religious sites or of the performance of any religious function.
- (3)
- In producing or distributing any goods, serves or facilities, no person belonging to any particular caste or tribe shall be prevented from purchasing or acquiring such goods, services facilities nor shall such goods, services facilities or facilities be sold or distributed only to the persons belonging to any particular caste or tribe.
(4) No such act as to purport to demonstrate any superiority or
inferiority of the person or persons belonging to any caste, tribe or origin or to justify social discrimination on the ground of caste or race or to publicize ideology based on racial superiority or hatred or to encourage caste discrimination in any manner shall be allowed.
(5) Any act contrary to clauses (2), (3) and (4) shall be punishable by law.
15. Right relating to publication, broadcasting and press: (1) No publication, broadcasting or printing of any news item, editorial, feature, article or other reading and audio-visual material through any means whatsoever including electronic publication, broadcasting and printing shall be censored.
Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, or on any act of treason, defamation, contempt of court or incitement to an offence, or on any act which may be contrary to public decency or morality. - (2)
- No radio, television, on-line or other form of digital or electronic equipment, press or other means of communication publishing and broadcasting or printing any material shall be closed nor shall registration thereof be canceled by the reason of the publication, broadcasting or printing of such material through any audio, audio-visual or electronic equipment.
- (3)
- No newspaper, periodical or press shall be closed or seized nor shall the registration thereof be cancelled for printing or publishing any news item, editorial, article or other reading material.
- (4)
- No means of communication including the press, electronic broadcasting and telephone shall be interrupted except in accordance with law.
16. Right relating to environment and health: (1) Every person shall have the
right to live in a healthy environment.
(2) Every citizen shall have the right to basic health services free of cost from the State, as provided in law.
17. Right relating to education and culture: (1) Every community shall have the right to get basic education in its own mother tongue, as provided in law. - (2)
- Every citizen shall have the right to get free education up to the secondary level from the State, as provided in law.
- (3)
- Every community residing in Nepal shall have the right to preserve and promote its language, script, culture, cultural civilization and heritage.
18. Right relating to employment and social security: (1) Every citizen shall have the right to employment, as provided in law. - (2)
- The women, labor, aged, disabled, incapacitated and helpless citizens shall have the right to social security, as provided in law.
- (3)
- Every citizen shall have the right to food sovereignty, as provided in law.
19. Right to property: (1) Every citizen shall, subject to the laws in force, have the right to acquire, own, sell, dispose of, and otherwise deal with, property. - (2)
- The State shall not, except in the public interest, requisition or acquire, or otherwise create any encumbrance on, the property of any person.
Provided that this Clause shall not apply to any property acquired in an illicit manner.
- (3)
- Compensation shall be provided for any property requisitioned, acquired or encumbered by the State in the course of enforcing a scientific land reform program or in the public interest, in accordance with law. The amount
and basis of compensation and the procedure therefor shall be as determined by
law.
20. Rights of women: (1) No discrimination of any kind shall be made against the women by virtue of sex. - (2)
- Every woman shall have the right to reproductive health and reproduction.
- (3)
- No woman shall be subjected to physical, mental or any other kind of violence; and such act shall be punishable by law.
- (4)
- Sons and daughters shall have the equal right to ancestral property.
- Right to social iustice: The economically, socially or educationally backward women, Dalits, indigenous peoples, Madhesi communities, oppressed classes, poor farmers and labors shall have the right to take part in the structures of the State on the basis of the principle of 'proportional inclusion.
- Rights of the child: (1) Every child shall have the right to his or her identity and name.
- Every child shall have the right to nurture, basic health and social security.
- Every child shall have the right against physical, mental or any other form of exploitation. Such exploitative act shall be punishable by law; and any child so treated shall be given such compensation as may be determined by law.
- The helpless, orphan, mentally retarded, conflict victim, displaced, vulnerable and street children shall have the right to get special facilities from the State for their well-ascertained future.
- No minor shall be employed to work in any factory, mine or engaged in any similar other hazardous work or used in army, police or conflict.
- Right to religion: (1) Every person shall have the right to profess, practice and
protect his or her own religion as handed down to him or her from ancient times, having due regard to the existing social and cultural practices.
Provided that no person shall be entitled to convert another person from
one religion to another; and that no act or action shall be done in such a manner
as to jeopardize the religion of each other.
(2) Every religious denomination shall have the right to maintain its independent existence, and, for this purpose, to operate and protect its religious sites and religious trusts, in accordance with law.
24. Right relating to justice: (1) No person who is arrested shall be detained in custody without informing him or her of the reasons for such arrest.
(2) Every person who is arrested shall have the right to consult a legal practitioner of his or her choice at the time of such arrest. Any consultation made by such person with his or her legal practitioner and advice given by such practitioner shall be secret; and such person shall not be deprived of the right to be defended by his or her legal practitioner.
Explanation: For the purpose of this Clause, the expression "legal
practitioner" shall mean any person who is authorized by law to represent any
person in any court.
(3) Every person who is arrested shall be produced before the case trying authority within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to such authority; and any such person shall not be detained in custody except on the order of such authority.
Provided that nothing in Clauses (2) and (3) shall apply to preventive detention and to a citizen of an enemy state.
(4) No person shall be punished for an act which was not punishable by
law when the act was committed nor shall any person be subjected to a punishment greater than that prescribed by the law in force at the time of the commission of the offence. - (5)
- Every person charged with an Offense shall be presumed innocent until proved guilty of the offense.
- (6)
- No person shall be prosecuted or punished for the same offense in a court more than once.
- (7)
- No person charged with an offense shall be compelled to testify against him/herself .
- (8)
- Every person shall have the right to be informed of any proceedings taken against him or her.
- (9)
- Every person shall have the right to a fair trial by a competent court or judicial body.
- (10)
- Any incapable party shall have the right to free legal aid, as provided in law.
25. Right against preventive detention: (1) No person shall be held under preventive detention unless there is a sufficient ground of the existence of an immediate threat to the sovereignty, integrity or law and order situation of the State of Nepal.
(2) Any person held under preventive detention shall, if he or she has been held under such detention by the authority making preventive detention contrary to law or in bad faith, have the right to such compensation as may be prescribed by law.
26. Right against torture: (1) No person who is detained during investigation or for trial or for any other reason shall be subjected to physical or mental torture or to cruel, inhuman or degrading treatment.
(2) Any act referred to in Clause (1) shall be punishable by law, and any
person so treated shall be provided with such compensation as may be determined by law. - Right to information: Every citizen shall have the right to demand or receive information on any matter of his or her interest or of public interest. Provided that nothing shall be deemed to compel any person to provide information on any matter of which secrecy is to be maintained by law.
- Right to privacy: Except as provided by law, the privacy of any person, his or her home, property, document, data, correspondence or matters relating to his or her character shall be inviolable.
28. Right against exploitation: (1) Every person shall have the right against exploitation. - (2)
- No one shall be exploited in the name of any custom, tradition and usage or in any manner whatsoever.
- (3)
- No one shall be trafficked in nor shall one be held in slavery or in servitude.
(4) No one shall be required to perform forced labor.
Provided that nothing in this clause shall be deemed to prevent the making of law which require citizens to perform compulsory service for public purposes.
30. Right relating to labour: (1) Every worker and employee shall have the right to appropriate labor exercise.
(2) Every worker and employee shall have the right to form and join trade unions and to engage in collective bargaining for the protection of their respective interests, as provided in law.
32. Right against exile: No citizen shall be exiled.
32. Right to constitutional remedies: The right to proceed in the manner set forth in Article 107 for the enforcement of the rights conferred by this Part is guaranteed.
PART 4.
OBLIGATIONS, DIRECTIVE PRINCIPLES AND
POLICIES OF THE STATE
33. Obligations of the State: The State shall have the following obligations: - (a)
- To concentrate fully on holding the election to the members of the ......3 the year 2064 (12 April 2007)4, while recognizing the need for the functional realization of the sovereignty inherent in the people of Nepal;
- (b)
- To ensure progressive political, economic and social transformations in the country;
- (c)
- To adopt a political system fully upholding the universally accepted concepts of basic human rights, competitive multi-party democratic system, sovereignty inherent in the people and supremacy of the people, constitutional checks and balances, rule of law, social justice and equality, independence of judiciary, periodic elections, monitoring by the civil society, complete press freedom, right to information of the people, transparency and accountability in the activities of political parties, public participation and impartial, efficient and fair bureaucracy, and to maintain good governance, while putting an end to corruption and impunity;
- (d)
- To make an inclusive, democratic and progressive restructuring of the State, by ending the existing centralized and unitary structure of the State so as to address the problems including those of women, Dalit, indigenous people, Madhesi, oppressed, excluded and minority communities and backward regions, while at the same time doing way with discrimination based on class, caste, language, gender, culture,
3 Deleted by the third Amendment. 4 Amended by the Second Amendment
religion and region;
(dn( �/span>5 To have participation of Madhesi, dalit, indigenous peoples, women, labors, farmers, disabled, backward classes and regions in all organs of the State structure on the basis of proportional inclusion; - (e)
- To seta common minimum program on socio-economic transformation to do away with feudalism in all its forms, and keep on implementing the program;
- (f)
- To pursue a policy of implementing a scientific land reform program by doing away with the feudalistic land ownership;
- (g)
- To pursue a policy of protecting and promoting domestic industries and means and resources;
- (h)
- To pursue a policy of establishing the right of all citizens to education, health, housing, employment and food sovereignty;
- (i)
- To pursue a policy of providing socio-economic security including the land to the economically and socially backward classes including the landless, bonded labors, tillers and Harawa-Charawa;
- (j)
- To pursue a policy of taking severe action and punishing any one who earns illicit wealth through corruption while holding a public office of profit;
- (k)
- To build a common development concept for the socio-economic transformation of the country and justice as well as for the prosperity and rapid economic progress and prosperity of the country;
- (l)
- To pursue a policy of extensively increasing opportunities for employment and income generation by increasing investment for promoting industry, trade and export and ensuring the professional rights
of labors; - (m)
- To effectively implement the international treaties and agreements of which the State is a party;
- (n)
- To abolish all discriminatory laws;
- (o)
- To use natural means and resources including water resources of the country in the interests of nation;
- (p)
- To make provisions for appropriate relied, recognition and rehabilitation of the family members of those who have died in the course of armed conflicts and those who, being injured in this course, have become disabled and infirm;
- (q)
- To provide relief to the families of the victims who were subjected to disappearance during the course of armed conflict based on the report of the inquiry commission constituted in relation to such persons;
- (r)
- To launch a special program in order to rehabilitate the displaced persons, provide relief in the case of private and public properties destructed, and reconstruct the infrastructures devastated, during the course of armed conflict;
(rl )6 To develop a culture of resolving major political problems of the country through understanding between, consent of, and collaboration with, major political parties which, having preformed the leading role in the historic people's movement, made an understanding on 2 Kartik 2063(12 November 2006), as well as other political parties having representation the Constituent Assembly;
6 Inserted by the Fifth Amendment
- (s)
- To constitute a high level truth and reconciliation commission to investigate the facts about involved in gross violations of human rights
crimes against humanity during the course armed conflict, and to create
an environment reconciliation in the society.
34. Directive principles of the State: (1) The main objective of the State shall be to promote the welfare of the people on the basis of the principles of an open society, by establishing a just system in all aspects of the national life including social, economic and political life while at the same time protecting the lives property, equality and liberty of the people.
- The interim constitution of Nepal 2063-11-30 (First Amendment ), 2063 (2007) (14 March 2007)
- The interim constitution of Nepal 2064-2-30 (Second Amendment), 2063 (2007) (13 June 2007)
- The interim constitution of Nepal 2064-9-13 (Third Amendment), 2064 (2007) (28 December 2007)
- The interim constitution of Nepal 2065-2-16 (Fourth Amendment), 2065 (2008) (29 May 2008)
- The interim constitution of Nepal 2065-3-29 (Fifth Amendment), 2065 (2008) (13 July 2008)
- The interim constitution of Nepal 2065-8-30 (Sixth Amendment), 2065 (2008) (15 Dec. 2008) PREAMBLE : WE, THE SOVEREIGNTY AND STATE AUTHORITY INHERENT PEOPLE OF NEPAL, Respecting the people's mandate expressed in favour of democracy, peace and
progression through historical struggles and people's movements launched by the people of Nepal at various times since before 2007 (1951) to till the date ; Pledging to accomplish the progressive restructuring of the State in order to solve the
problems existing in the country relating to class, ethnicity, region and gender;
Expressing our full commitment to democratic values and norms including the
competitive multi-party democratic system of governance, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, complete freedom of the press, independent judiciary and concepts of the rule of law;
Guarantee the basic rights of the people of Nepal to make a constitution for them on their own and to take part in a free and fair election to the Constituent Assembly in an environment without fear;
Putting democracy, peace, prosperity, progressive socio-economic transformation and sovereignty, integrity independence and prestige of the country in the center;
Declaring Nepal as a federal, democratic republican state upon duly abolishing the monarchy1;
HEREBY DECLARE, with a view to institutionalizing the achievements made through the revolutions and movements till now, the promulgation of this Interim Constitution of Nepal 2063 (2007), which has been made through a political understanding and to be in force until a new constitution is framed by the Constituent Assembly.
Part–1 Preliminary
1. Constitution as the Fundamental Law: (1) This Constitution is the fundamental law of Nepal. Any laws inconsistent with it shall, to the extent of such inconsistency, be void.
(2) It is the duty of every person to uphold this Constitution. 2 Amended by the Fourth Amendment shall be as determined by Government of Nepal.
(2) The Rhododendron Arboreum is the national flower, Crimson Colour shall be the national colour, the Cow shall be the national animal and the Lophophorus shall be the national bird of Nepal.
1 Inserted by the Fourth Amendment.
8. Citizenship at the Commencement of the Constitution: (1) At the commencement of this Constitution, the persons who have acquired the citizenship of Nepal and who are eligible to acquire the citizenship by virtue of this part shall be the citizenship of Nepal. been permanently domiciled in Nepal shall acquire the citizenship of Nepal by
birth pursuant to the laws in force.
Provided that, for the acquisition of citizenship under this provision, any
person must make an application within the prescribed period, for one time, as
provided in the laws in force. PART 3 FUNDAMENTAL RIGHTS
13. Right to freedom: (1) Every person shall have the right to live with a dignity, and no law shall be made which provides for the death penalty.
(2) No person shall be deprived of his or her personal liberty save in accordance with law. industry and trade. act which may undermine the sovereignty, integrity or
public peace and order of Nepal. 13. Right to equality: (1) All citizens shall be equal before the law. No person shall be denied the equal protection of the laws.
(2) No discrimination shall be made against any citizen in the
application of general laws on grounds of religion, color, sex, caste, tribe, origin, language or ideological conviction or any of these. 14. Right against untouchability andracial discrimination: (1) No person shall be discriminated against as untouchable and subjected to racial discrimination in any form, on grounds of caste, race, community or occupation. Such discriminatory treatment shall be punishable, and the victim shall be entitled to such compensation as determined by law. (4) No such act as to purport to demonstrate any superiority or
inferiority of the person or persons belonging to any caste, tribe or origin or to justify social discrimination on the ground of caste or race or to publicize ideology based on racial superiority or hatred or to encourage caste discrimination in any manner shall be allowed.
(5) Any act contrary to clauses (2), (3) and (4) shall be punishable by law.
15. Right relating to publication, broadcasting and press: (1) No publication, broadcasting or printing of any news item, editorial, feature, article or other reading and audio-visual material through any means whatsoever including electronic publication, broadcasting and printing shall be censored.
Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty and integrity of Nepal, or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes or communities, or on any act of treason, defamation, contempt of court or incitement to an offence, or on any act which may be contrary to public decency or morality. right to live in a healthy environment.
(2) Every citizen shall have the right to basic health services free of cost from the State, as provided in law.
17. Right relating to education and culture: (1) Every community shall have the right to get basic education in its own mother tongue, as provided in law. 18. Right relating to employment and social security: (1) Every citizen shall have the right to employment, as provided in law. 19. Right to property: (1) Every citizen shall, subject to the laws in force, have the right to acquire, own, sell, dispose of, and otherwise deal with, property. and basis of compensation and the procedure therefor shall be as determined by
law.
20. Rights of women: (1) No discrimination of any kind shall be made against the women by virtue of sex. protect his or her own religion as handed down to him or her from ancient times, having due regard to the existing social and cultural practices.
Provided that no person shall be entitled to convert another person from
one religion to another; and that no act or action shall be done in such a manner
as to jeopardize the religion of each other.
(2) Every religious denomination shall have the right to maintain its independent existence, and, for this purpose, to operate and protect its religious sites and religious trusts, in accordance with law.
24. Right relating to justice: (1) No person who is arrested shall be detained in custody without informing him or her of the reasons for such arrest.
(2) Every person who is arrested shall have the right to consult a legal practitioner of his or her choice at the time of such arrest. Any consultation made by such person with his or her legal practitioner and advice given by such practitioner shall be secret; and such person shall not be deprived of the right to be defended by his or her legal practitioner.
Explanation: For the purpose of this Clause, the expression "legal
practitioner" shall mean any person who is authorized by law to represent any
person in any court.
(3) Every person who is arrested shall be produced before the case trying authority within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to such authority; and any such person shall not be detained in custody except on the order of such authority.
Provided that nothing in Clauses (2) and (3) shall apply to preventive detention and to a citizen of an enemy state.
(4) No person shall be punished for an act which was not punishable by
law when the act was committed nor shall any person be subjected to a punishment greater than that prescribed by the law in force at the time of the commission of the offence. 25. Right against preventive detention: (1) No person shall be held under preventive detention unless there is a sufficient ground of the existence of an immediate threat to the sovereignty, integrity or law and order situation of the State of Nepal.
(2) Any person held under preventive detention shall, if he or she has been held under such detention by the authority making preventive detention contrary to law or in bad faith, have the right to such compensation as may be prescribed by law.
26. Right against torture: (1) No person who is detained during investigation or for trial or for any other reason shall be subjected to physical or mental torture or to cruel, inhuman or degrading treatment.
(2) Any act referred to in Clause (1) shall be punishable by law, and any
person so treated shall be provided with such compensation as may be determined by law. 28. Right against exploitation: (1) Every person shall have the right against exploitation. (4) No one shall be required to perform forced labor.
Provided that nothing in this clause shall be deemed to prevent the making of law which require citizens to perform compulsory service for public purposes.
30. Right relating to labour: (1) Every worker and employee shall have the right to appropriate labor exercise.
(2) Every worker and employee shall have the right to form and join trade unions and to engage in collective bargaining for the protection of their respective interests, as provided in law.
32. Right against exile: No citizen shall be exiled.
32. Right to constitutional remedies: The right to proceed in the manner set forth in Article 107 for the enforcement of the rights conferred by this Part is guaranteed.
PART 4. OBLIGATIONS, DIRECTIVE PRINCIPLES AND 33. Obligations of the State: The State shall have the following obligations: 3 Deleted by the third Amendment. 4 Amended by the Second Amendment religion and region;
(dn( �/span>5 To have participation of Madhesi, dalit, indigenous peoples, women, labors, farmers, disabled, backward classes and regions in all organs of the State structure on the basis of proportional inclusion; of labors; 6 Inserted by the Fifth Amendment crimes against humanity during the course armed conflict, and to create
an environment reconciliation in the society.
34. Directive principles of the State: (1) The main objective of the State shall be to promote the welfare of the people on the basis of the principles of an open society, by establishing a just system in all aspects of the national life including social, economic and political life while at the same time protecting the lives property, equality and liberty of the people.
PART 2
CITIZENSHIP
Provided that:
16. Right relating to environment and health: (1) Every person shall have the
POLICIES OF THE STATE