Provisions of the new Constitution of Nepal 2072 B.S.

The current constitution of Nepal was promulgated in Sep 20, 2015. This constitution has provisioned the following rights to the citizens of Nepal.

Fundamental Rights
ALL Nepali citizens (including Madheshi, Tharu, Muslim, Janjati, Dalit and Women) are entitled to the following fundamental rights :- (Part 3, Articles 16-46)

Right to live with dignity (A.16) (includes No death penalty)
Right to freedom (A.17) (All citizens are free to express their opinion, free to open political parties and organizations, go and live anywhere inside Nepal)
Right to equality (A.18) (all citizens are equal in the eyes of law. there will be no discrimination by origin, religion, race, color etc)
Right to communication (A.19) (freedom for press, online, redio, tv etc)
Right to justice (A.20) (nobody will be arrested without warrant, arrested person is free to appoint any legal advisor by their wish)
Right against torment (A.22) (nobody will be tortured)
Right against preventive confinement (A.23) (nobody will be kept confined without enough reason and by law)
Right against untouchability and discrimination (A.24) (nobody will be discriminated by their origin, race, community, profession or physical condition)
Right to property (A.25) (all citizens will have right to own, use, sell or make of transaction of property)
Right to religious freedom (A.26) (all citizens will have right to adopt, practice and protect their religions)
Right to information (A.27) (all citizens will have right to get public information which is not deemed as secret by law)
Right to privacy (A.28) (information of body, property, residence and communication of all citizen will be kept secret until required by law)
Right against exploitation (A.29) (nobody will be exploited in the name of tradition, no human will be purchased, sold or kept hostage, nobody can be forced to do any certain kind of work)
Right to clean environment (A.30) (all citizen have right to live in clean and healthy environment. they also have right of compensation if criteria is not met)
Right to education (A.31) (primary education is compulsory and free of cost, secondary education is free, and for handicapped people higher education is also free, every community has right to get education in their mother tongue / first language)
Right to language and culture (A.32) (ALL citizens are free to use, protect and promote their language and culture)
Right to employment (A.33) (All citizens have right to get or choose profession)
Right to labor (A.34) (All citizens have right to open or involve in trade unions)
Right to Health (A.35) (Basic healthcare is free to all citizens)
Right to food (A.36) (nobody will be endangered by hunger)
Right to shelter (A.37) (ALL citizens have right to housing)
Right to social justice (A.42)(Madheshi, Tharu, Minority, Marginalized, disable, women, backward area, sexual minority will get proportional representation in the state)
Right to social security (A.43) (poor, disabled, handicapped, single women, children, and endangered community will get special social security)
Right against banishment (A.45) (NO citizens will be kicked out of the country)
Right to constitutional Remedies (A.46) (Supreme Court and High court will define / order any required law and rules to implement given or any appropriate rights)

fundamental rights for special groups:-
Right of victim of a crime (A.21) (full access to their trail, right for compensation and re-establishment)
Right of women (A.38) (38.4 proportional representation in all levels of government, couple have equal right in property)
Right of children (A.39) (ALL children have right of Identity, child labor and marriage banned)
Right of dalit (A.40) (Dalits will have proportional representation in all level of governments)
Right of senior citizen (A.41) (senior citizens will special protection form the government)
Right of consumer (A.44)

Language
(for this section native languages means all 123 spoken languages in Nepal including Nepali, Maithili, Bhojpuri, Tharu, Tamang, Nepal Bhasa, Bajjika, Magar, Dotali, Urdu, Awadi, Limbu etc)

Article 6: All native languages spoken in Nepal are National language of Nepal
 

Article 7a: Nepali in Devanagari script is used for Nepal government work

7b: Beside Nepali language, any Provinces can choose one or more other languages spoken by majority population of that province for government work


Article 32.1 All persons and community has right to use their native language.

Article 32.3 All Nepali community will have right to protect and promote their language and culture.

Article 31.5 All Nepali community have right to get education in their native language,  also have right to establish and operate educational institution for that purpose.

Article 287: "Language commission" will be formed to protect and promote different native language of Nepal.

Citizenship 
Article 11.1: At the commencement of this constitution:  everybody who is already the citizen of Nepal before this constitution will be continue to be the citizen

Article 11.2.b: If the father or mother is citizen of Nepal at the birth then child will be citizen by linage.


Artible 11.3: If father or mother of a child (who has got the citizenship by birth) will get Nepali citizenship later than the child will be citizen by linage when he/her gets adult.

Article 11.4: Any child found inside Nepal whose parents are unknown then the child will be citizen of Nepal until his parents found and fixed accordingly


Article 11.5: Child born in Nepal form Nepali mother and unknown father will get citizenship by linage.

Article 11.6: foreign women married to Nepali citizen can get Naturalized citizenship


Article 11.7: Child of foreign citizen Man and Nepali women will get naturalized citizenship. But if the foreign father has already got Nepal citizenship then the child will get linage-citizenship


Article 11.9: Nepal gov can grant honorary citizenship.


Article 12: Citizenship certificate will also include "Sexual orientation" (gay, lesbian etc)

Article 14: Non Resident Nepali citizenship : any foreign citizen who himself or his either parents or either grand parents were Nepali citizen before then they can get Non-resident Nepali citizenship. But Such citizen will not have political rights.  



Provinces 
(Part5) National authority and resources will be divided into three level of governments.  
Central, Provincial and Local.

(Schedule 4) There will be 7 states. Districts that will form the 7 states are in the schedule 4.

(Schedule 5) Central government will be responsible for Defense and Army, War, Central police and armed police force, central planning, foreign relation, central bank, central fiscal planning, monetary and banking policy


(Schedule 6) Province government will be responsible for province police, radio, FM,TV, province civil service, healthcare, provincial language and culture, mine, forest and water resources inside the province, electricity, irrigation, universities inside the province, highway inside province etc


(Schedule 8) Local government will be responsible for local tax, police, basic healthcare, local statistics, co-operatives, local basic services.


Special provisions for Madheshi, Tharu, Muslim, Women, Dalit, Aadvasi Janjati etc

Part 27 : Special commissions will be formed for women (252,252,254), Dalits (255,256,257),  Inclusiveness (258,259,260), Aadivasi Janajati (native people) (261), Madheshi (262), Tharu (262) and Muslim (264) people. Such commissions will look after and promote the rights of such communities.

Article 84.1.b : 110 out of total 275 members of House of Representative (lower house) will be chosen by proportional voting system. For this, every party must give candidate  according to the population of Madhesi, Muslim, Tharu, Aadivasi Janajati, Dalit, Women etc.

Article 176.1.b : Each province legislative must have 40% proportional representation which will be filled according to the population of Madheshi, Tharu, Muslim, Aadivasi Janajati, Dalit, Women etc.

Article 70: President and vice-president of Nepal must be from different sex or community.
Article 91.2 Either Speaker or deputy-speaker of House of representative must be women. 
Article 283:  Appointments in commissions and government offices must be made by proportional representation.
Article 286.5: declaring boundry of the constituency must be done considering population and geography.
Article 286.12 constituencies will be revised in every 20 years.

Article 288.2: Capital city of the province will be decided by province legislature with 2/3 votes.

Article 289.1:  To be the candidate, appointed or get elected for President, Vice-president, Prime Minister, Chief Justice, Speaker of lower house, President of higher house, Chief of State, Chief Minister of State, Speaker of state legislature and chief of security forces one must be the citizen of Nepal by linage.

Article 289.2: For the posts other than 289.1 one can be the citizen of Nepal by linage or by birth or by naturalization.


Article 291: Any Nepali citizen having permanent residence in foreign country will be banned from getting any constitutional posts. But if they give up the foreign residence they can assume post after 3 months.


Amendment of the Constitution

274 (8): Constitution can be amended by 2/3 majority of total members of both houses.
274 (9, 10): President shall sign and issue the amendment within 15 days
274 (4,5,6,7): If amendment is related to the rights or boundary of a province, then it must be first endorsed by the province legislative assembly.

READ the actual CONSTITUTION in Nepali Language
https://drive.google.com/file/d/0B5dv5OmgV7L1emV4SXBTQ28xMk0/view

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See Also

  1. Timeline of the new constitution of Nepal
  2. List of proposed federal structures 
  3. Nepali civil war and peace process