The constituion of the Kingdom of Nepal 2015 B.S


The constitution of the Kingdom of Nepal 1959 A.D/ 2015 B.S
            The Delhi agreement was concluded with the committee to form a constitution having the nature of republican one to rule over the state. But, due to the various internal factors like; conflict between an among the political parties regarding the authorities of the state and other miss concept among themselves did not fulfils the committee made by themselves.
            The election for the formation for the constitution was never held. The major ruling party Nepali congress faced to make coordination within the party. The then Prime Minister Matrika Prashad Koirala left the Party. The government were formulated and dissolved many times. So, such types of difference miss understanding and lack of coordination ultimately led the nation towards the degradation.
Therefore, on March 16,1958 King Mahendra formed a commission under the chairmanship of Bhagawati Prashad Singh with the other member of committee were Surya Prashad Upadhya, Ranadhir Subba, Hari Prashad Joshi. As the advisor of the commission Sir Ivor Jennings, expert of the constitution of Cambridge University of U.K was invited to draft the constitution. It was said that the draft, which was prepared by Jennings, was rejected by the commission in the advice of the king because in those drafts, the executive and legislative rights were provided to the council of minister more than the king. His fourth draft was accepted including the amendment in some points. After constitution ws drafted, he made an experession is a press conference that the democracy between Britain and Nepal seems very difference because in Britain, the Monarchy is only the nominal head of the state but in Nepal, the king should not be a nominal head. It was a symbol that the king was going to be active in nation’s politics in future.
             Characteristics of the Kingdom of Nepal 2015 B.S. / 1959 A.D
The following are the main feature of constitution.
      Preamble
     Special position of the king
      Bi-cameral legislature
      Emergency power
     Executive power based on the king
      Independent Judiciary
    Fundamental law of the state
      State council
      Provision for fundamental right
    Hindu nation
    Nepali as a national language



     Preamble
            In this it attempted to make clear about the nature of the constitution. The objective, kind of political system and location of the sovereignty are mentioned in this constitution. The principle have mentioned in this constitution as;
      All the power of the state including sovereign power of the country is kept under the control of the king as vested by the traditional and custom.
  The powers, mentioned above, should be exercised only by the king not by the people.
   The sovereign rights of the state are the hereditary rights of the king.
The objectives of the constitution have mention below;
   To provide the right to the people as the desire expressed by late king Tribhuvan due to the revolution was led by him.
   It is promulgated for the welfare of the people.
   To establish a democratic system in the country.

      Special position of the king
            The king had the powers to enact amend, and repeal a law relating to the succession to the throne was vested upon the hand of the king as his discretion power. The power relating to the armed force for the nation was his discretionary power. He was the Supreme commander in Chief of the army.
      Bi-cameral legislature
            In part V, chapter 1and Article No. 18 of the constitution of 2015 it was mentioned there shall be a parliament which shall consist of His Majesty and two Houses, to be known respectively as the Senate (Maha Sabha) and House of Representatives (Pratinidhi Sabha). The house of representative consisted of 109 members elected on the basis of Universal Adult Suffrage. The Senate consisted of 36 memebres-18 elected by the House of Representatives and 18 nominated by the king. The Senate was permanent House, of which members’ term was fixed for six years.
      Emergency Power
            The constitution of 2015 had a design of the principle of separation of powers. But the discretionary power of the king was very heavy. The declaration of the emergency in the state was defined as the discretionary power of the king, according to the Article no. 55 of the constitution. He would declare emergency in the country in case of thereat of war, in internal crisis of the security and economic life of the country or in internal disturbance. The king would assume all powers in such a situation.


      Executive Power based on the king
            According to the Article no. 10 of the constitution, the executive powers were vested on the king who would exercise powers through a council of minister headed by the prime minister it was maintained that the king shall act the recommendation of the cabinet. The prime minister was to be appointed by the king and other minister on the recommendation of prime minister.
            The two powers were provided to the king by the constitution. Firstly, the power exercised by the king in his own discretion and secondly, the power exercised on the advice of the cabinet.
6.      Independence Judiciary
            Part VI of the constitution made provision for a Supreme Court headed by Chief Justice appointed by the king in consultation with the prime minister. The Article no. 57 and 58 had concluded the independent Judiciary in this constitution. This judiciary had the responsibility of administrating the constitution and protection of fundamental right of the people. But these acts were not actively come into behavior.
      Fundamental Law of the state
            This is the main law of the state. In the Article 1 shows the relation of after and before laws. So, these two law may fight each other for this the revolution had shown as the main law of the state.
State council
            The Article no 11 had constitution the state council in this constitution in which the president and Deputy President of the Senate and speaker and Deputy speaker of House of Representative, Ministers, former minister and such other persons were appointed by the king. The function of the state were: proclamation of the accession of His Majesty’s successor  in accordance with the law, custom usage in Nepal and arrangement for Regency if king was a minor or unable to perform his duties.
      Provision for Fundamental Rights
            This constitution has provision for Fundamental rights to the people of Nepal in spirit of democratic constitution. These fundamental rights included personal liberty, equality, and religion, and property, freedom of speech, assembly, association, residence and right to constitutional remedies.
      Hindu Nation
            This constitution had firstly declared the Nepal as the Hindu Nation. Because, the people who live in Nepal worships the hindus. All on the majority there are more Hindu than other. So, the country is considered as Hindu Nation.
    Nepali as a National Language
            This constitution had concluded the Nepali as a National Language of the Nepal. This is because to make easy communication the national language is taking as Nepali. Comparatively maximum numbers of people Nepal speak Nepali language and understand it as well.

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