Constitution of Nepal 2019 B.S


Constitution of Nepal 2019 B.S (1962 A.D)
Introduction
The constitution of Nepal 2019 B.S is the fourth constitution during the constitutional development in Nepal. This constitution was declared and enacted in Poush 1st 2019 B.S.
Due to the various political differences within an among the political parties as well as the adverse condition in the state the King Mahendra took over the system or the leadership of the government in his own hand in Poush 1st 2017 B.S. and constituted a cabinet for his support. The King also established the Party less Panchayat System in which no any party are given to participate.
This constitution was in the existence nearly for more than 25 years. A committee on leadership of Rhisikesh Shah was formed to develop this constitution. The other member of the committee were Shambhu Prashad Gyawali, Anguar Baba Joshi, Prakash Bahadur Khatri, Dambar Narayan Yadav and Kul Shekar Sharma.
This constitution declared and enacted by the then King Mahendra on Poush 1st 2019 B.S.

Characteristics of Constitution of Nepal 2019 B.S
      Preamble
     Written and enacted constitution
      Establishment of party less panchayat system
      Fundamental Right and Duties
      Sovereignty Vested in the hand of King
      Provision for Co-ordination Council
      Emergency power
      Supreme Court
      Provision to form constitutional organs
.    Provision for Group organization
    Public service commission
    Hindu Kingdom
    Nepali language
    King’s council
     Executive power accountable to the king
     Provision for cabinet
    Constitution is the main law of the state
    Declared by the king
     Election commission
     Directive principle and policy based on Panchayat system
    Provision to amend the constitution
     Decentralization policy

1.      Preamble
In documentary it was clearly written that when the Panchayat System was going to be established. In this document it had emphasize more in the supreme power is given to the people equally and rule the nation for the development of the people. And it was clarify that without using any party in the Panchayat System will give good result. The main aim of the King’s Hat (Rajmukut) was to give happy life and development in all sectors.

2.      Written and Enacted Constitution
The Article 97, 20 Chapters and 6 Index had concluded that it is a written and enacted constitution. It was the fourth constitution of the Nepal. It is also the written constitution as of other constitution. It has the King.

3.      Establishment of party less Panchayat System
This constitution was established continuously which was started from Poush 1st 2017 B.S. according to Article 18 and 19 had describe about it.
4.      Fundamental Right and Duties
This constitution had established personal liberty and duties are given. For this Article 9 to 16 were opened for this constitution. According to Article 9 respect towards kingdom of Nepal, Using your rights by limited in the law. Follow the rule and regulation according to constitution. Citizen had certain duties and cooperation with each other to make a good environment in nation. Form Article 10 to 12 Equality, Liberty, Abandonment from Nepal, against domination, about Religion, Wealth etc. were included in these Articles
5.      Sovereignty Vested in the hand of King
The sovereign place was given for the king in the panchayat system. In Article 20 it had been written that the smooth leadership and active participate in the sovereignty benefit for the people and the state. In this system all the organs of government were lead by the king. This constitution gives the more important to the crown of the King.
6.      Provision for Co-ordinate Council
In all over the world there was the competition between parties. But in Nepal the Panchayat system had established without any parties. According to Chapter 5 Article 20 it had declared that the security of the panchayat proper arrangement and peace as well as free justice and keeping existence of sovereign power. These all activities and organs of government should keep all responsibility should taken by the king which was written in this constitution. In this situation the king had the power to form the council.


7.      Emergency power
The Article 81 of this constitution had given the important right to the king that he could use the emergency power according to the situation. The right was given to the king to give the emergency power when the country is in danger from war, foreign attack. If the situation became good enough than he can take back the emergency power.

8.      Supreme Court
According to this constitution Nepal had the judiciary system. In democracy the judiciary is free. According to this constitution here Supreme Court as well as other four types of courts are existed. About the court the Article 68 to 78 was there. The Supreme Court is the first court which looks the first cases and then appellate court listen and look the case of judiciary. It can give the order of motivate banded in certain work, direct form which protect the fundamental rights of people.
9.      Provision to form constitutional organs
This constitution had establish constitutional organs like, public service commission, Auditor General, Attorney General are established in this constitution. The public service commission select the worker according to their qualification .
10.  Provision for Group organization
The constitution of Nepal had a special provision to organize the various group organization base on age group profession, sex etc. Like the Vidyan Mandal (Student Organization), women organization, farmer organization.
11.  Public service commission
The constitution of Nepal Act 2019 B.S had organized one public service commission. According to Article 13, from this constitution the people get opportunity to get the government job. The workers were elected by the public service commission through their qualification.

12.  Hindu Kingdom
The constitution of Nepal Act 2019 B.S had given the special provision for Hindu Kingdom. The Nepal is the Hindu Kingdom. It is known as the Hindu kingdom because of its different culture religion. Most of the Nepalese worship the Hindu. So, the country Nepal had declared as a Hindu kingdom.
13.  Nepali language
The Article 4 had concluded the language of Nepal is Nepali. In Nepal there are many cast as well as their own language. But the Nepali language taken as the national language by this constitution.

14.  King’s council
The king’s council was established according to chapter 6 Article 23. In Nepali it is called as Raj Sabha. In this constitution it had to take decission to give support to the state while the absent of the king.
15.  Executive power accountable to the king
This constitution had established the executive power. The sovereign power is given to the king.
16.  Provision for cabinet
According to Article 24 to 29 of this constitution the cabinet on the
17.  Constitution is the main law of the state
18.  Declared by the king
19.  Election commission
20.  Directive principle and policy based on Panchayat system
21.  Provision to amend the constitution
22.  Decentralization policy

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