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NepalThe Constitution of 1990
Widespread prodemocracy protests toppled the
panchayat
system in April 1990. The king appointed an independent
Constitution Recommendation Commission to represent the
main
opposition factions and to prepare a new constitution to
accommodate their demands for political reform. On
September 10,
1990, the commission presented King Birendra with the
draft of a
new constitution, which would preserve the king's status
as chief
of state under a constitutional monarchy but establish a
multiparty
democracy with separation of powers and human rights. As
agreed
upon earlier, the king turned the draft constitution over
to Prime
Minister K.P. Bhattarai and his cabinet for review and
recommendations. The draft was discussed extensively and
approved
by the interim cabinet. A major obstacle to approval was
avoided
when the commission removed a disputed provision under
which both
the constitutional monarchy and multiparty system could
have been
eliminated by a three-quarters majority vote of
Parliament.
On November 9, 1990, King Birendra promulgated the new
constitution and abrogated the constitution of 1962. The
1990
constitution ended almost thirty years of absolute
monarchy in
which the palace had dominated every aspect of political
life and
political parties were banned.
The constitution, broadly based on British practice, is
the
fundamental law of Nepal. It vests sovereignty in the
people and
declares Nepal a multiethnic, multilingual, democratic,
independent, indivisible, sovereign, and constitutional
monarchical
kingdom. The national and official language of Nepal is
Nepali in
the Devanagari script. All other languages spoken as the
mother
tongue in the various parts of Nepal are recognized as
languages of
the nation
(see Caste and Ethnicity
, ch. 2). Although
Nepal still
is officially regarded as a Hindu kingdom, the
constitution also
gives religious and cultural freedom to other religious
groups,
such as Buddhists, Muslims, and Christians. The preamble
of the
constitution recognizes the desire of the Nepalese people
to bring
about constitutional changes with the objective of
obtaining
social, political, and economic justice. It envisages the
guarantee
of basic human rights to every citizen, a parliamentary
system of
government, and a multiparty democracy. It also aims to
establish
an independent and competent system of justice with a view
to
transforming the concept of the rule of law into reality.
Other safeguards include the right to property; the
right to
conserve and promote one's language, script, and culture;
the right
to education in the student's mother tongue; freedom of
religion;
and the right to manage and protect religious places and
trusts.
Traffic in human slavery, serfdom, forced labor, or child
labor in
any form is prohibited. The right to receive information
about
matters of public importance and the right to secrecy and
inviolability of one's person, residence, property,
documents,
letters, and other information also are guaranteed.
Part three of the constitution provides for the
fundamental
rights of citizens. Although some elements of fundamental
rights
guaranteed in the 1962 constitution are reflected in the
1990
constitution, the latter provides new safeguards in
unequivocal
language and does not encumber the fundamental rights with
duties
or restrictions purported to uphold public good. All
citizens are
equal before the law, and no discrimination can be made on
the
basis of religion, race, sex, caste, tribe, or ideology.
No person
shall, on the basis of caste, be discriminated against as
an
untouchable, be denied access to any public place, or be
deprived
from the use of public utilities. No discrimination will
be allowed
in regard to remuneration for men and women for the same
work. No
citizen can be exiled or be deprived of liberty except in
accordance with the law; and capital punishment is
disallowed.
In addition, sections on fundamental rights provide for
freedom
of thought and expression; freedom to assemble peacefully
and
without arms; freedom to form unions and associations;
freedom to
move and reside in any part of Nepal; and freedom to carry
out any
profession, occupation, trade, or industry. Similarly,
prior
censorship of publications is prohibited, and free press
and
printing are guaranteed. Unfettered cultural and
educational rights
also are guaranteed. Articles twenty-three and
eighty-eight provide
for a citizen's right to constitutional remedy. Any
citizen can
petition the Supreme Court to declare any law or part
thereof as
void if it infringes on the fundamental rights conferred
by the
constitution.
Rights regarding criminal justice include the guarantee
that no
person will be punished for an act unpunishable by law or
subjected
to a punishment greater than that prescribed by the laws
in
existence at the time of commission of the offense; no
person will
be prosecuted more than once in any offense; and no one
will be
compelled to bear witness against himself or herself
(see The Judicial System
, ch. 5). Inflicting cruelty on a person in
detention is prohibited, as is detaining a person without
giving
information about the grounds for such detention. Further,
the
person in detention must be produced within twenty-four
hours of
such arrest before the judicial authorities. Any person
wrongly
detained will be compensated.
The constitution lays down various directives in
matters of
political, economic, and social development, and foreign
policy.
These lofty policies are guidelines to promote conditions
of
welfare on the basis of the principles of an open society.
One
objective is to transform the national economy into an
independent
and self-reliant system by making arrangements for the
equitable
distribution of the economic gains on the basis of social
justice.
The constitution stresses the creation of conditions for
the
enjoyment of the fruits of democracy through the maximum
participation of the people in governance of the country.
Other
aims include the pursuit of a policy in international
relations
that will enhance the dignity of the nation and ensure
sovereignty,
integrity, and national independence and the protection of
the
environment from further ecological damage.
Data as of September 1991
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