The Interim Government of Nepal Act 2007 B.S


The Interim Government of Nepal Act 2007 B.S / Interim Constitution, 1951
            The interim constitution of Nepal Act 2007 / 1951 mainly came into existence due to the two fundamental factors. Firstly, the failure to implement the constitution of 2004 B.S. And, secondly, the success of the revolution of 2007 B.S, with an agreements which is known as the Delhi Agreement.
            The people of Nepal during this period were in aggregation under the leadership of the Praja Parishad and later on who were actually leaded by the Nepali Congress. The main reason for the dissatisfaction of people was mainly the lack of reformation and development in various areas like; economical, social as well as the political. So, fought against the Rana’s and concluded with the revolution of people in 2007 B.S.
            Beside the other factor till to the 2007 B.S no any written laws like the constitution etc. were not implemented or introduce to administered the state and to maintain the laws and order in the state. So, on the principles of the agreement which was signed in Delhi; a loss on the provincial bases was introduced which is known as the interim constitution of Nepal Act 2007 B.S.
            The most part of this constitution actually were revised form of the Government of Nepal Act 2004 B.S. and secondly the principles of the Delhi Agreement which were concluded with the following provoke like:”Now after Nepal will be ruled with the help of a constitution which was selected by the people’s community to form the constitution and which will be a Republican one in nature.”
            This constitution was declared and introduced by the then King Tribhuvan on 29th chaitra 2007 B.S and was in the existence till to the Ashad 16th 2016 B.S.
            The interim constitution 1951 A.D or 2007 B.S was divided into six parts.
                            Characteristics of Interim Constitution of Nepal 2007 B.S 
The following are the main feature of the government of the interim constitution of Nepal Act 2007 B.S.
     Preamble
2  Written constitution
     Shortest constitution
     Declared by the King
    Provision for Fundamental Rights and Duties
     Provision for the executive
     Uni-Cameral Legislature
      Provision for the cabinet
      Provision for Supreme Court
    Provision for Election commission
     Provision for Public Service Commission
     Provision for Auditor General
    Provision to form other various constitutional organizations

1      Preamble
            One agreement had added in the interim constitution of Nepal Act 2007 B.S. for the constitutional development and democratic theories of Nepal it was more important in this constitution.
            From constitutional cabinet the permanent constitution was made according to the agreement and it was arranged that the constitutional cabined will be elected by the people. In same way the preamble has arranged democratic constitution in other countries.
     Written constitution
            This constitution is also written constitution which provided the provision of the fundamental principle of the government as well as the rules and regulation for the administration branch of the government.
     Shortest constitution
            In compare to other constitution it is simple and very shortest constitution in Nepal. In this there are six parts 47 Art and 4 Sub-Parts. Democratic constitution was established after democracy.
      Declared by the King
             The then King Tribhuvan had declared the interim constitution. It had been made for short period of time. According to king’s thought after this constitution permanent constitution was made by constitution cabinet and sovereign power will goes to the people. If this situation appears, the Rajtantra or Monarch system will change into constitutionalzed. This type of constitution was not made by king but from the released process.
5      Provision for the Fundamental Rights
            This constitution had provided Fundamental rights which were existed in Art 14 to 21. In this constitution; personal liberty, communication, organization, migrating and the religious right were included.
6      Provision for the executive
              The Art 29 of this constitution had given all the right power and function to the king to look the executive work he was the chief executive head. The prime minister and other member of cabinet were appointed by the king. King was also the supreme commander of defense force of Nepal. King had the sovereign power to make laws for country. The cabinet could submit a bill for the consideration of the king, who could assets to the bill hold it or return it.
      Uni-Cameral legislature
            This constitution has provided the Uni-cameral Legislature body which is known as the advisory committee. The member of the committee were the member of the cabinet, chief of the various constitutional organization and member who were nominated by the king from different field on the basis of their service devoted to the nation and other co-officio member.
      Provision for Supreme Court
             From the Article 32 one chief Justice was legislated in this constitution. It is implemented according to the Act. In this the wide democratic was not legislated it did not protect the fundamental rights and this was not completely legislated.
      Provision for Election commission
The 6 Part Article 68 and 69 had legislated the election commission. Its main aim is to make a good environment for the election. Firstly it keeps the record of voters and then controlling the work and making the suitable condition for election.
    Provision for the Universal Adult Franchise
This Act also had provided an established the principle to elect the member to legislative organization of the government the principle of Universal Adult Franchise. It means all the people who have completed the age of 21 were ever or eligible to cast their vote only too candidates to whom he like.
    Provision for Auditor General
The Article 60 of this constitution had legislated the Auditor General. It checks the public purse which is known as the Auditor General. This agency control, monitor and audit the work of government.
Merits
This constitution is the first ever implemented
Democratic constitution
Provision to constitute various organization
Demerits
Not implemented as if of objective
Uni-Cameral Legislative
King was powerful and sovereign

Comments

  1. My SansarAugust 17, 2021 at 5:56 AM

    Is there a provision relating to marriage in this constitution??

    ReplyDelete

Post a Comment

Popular posts from this blog

Introduction to Origin of State

Image
Unit II Origin of the State This historical, evolutionary or developmental theory regarding the origin of the state is the most scientific theory. This theory is mostly accepted by the modern writes. According to Garner, the state is neither a handy work of god nor the result of the superior physical force nor the creation of the convention nor mere expansion of the family. Hence State is not invention. It cannot be referred back to any single point of time. The modern State is the historical growth. It is the product of evolution. It evolved through a long period of time. It is not proper to point out only one factor in order to explain about the origin of the state. A multiplicity of factors has worked together. Therefore the modern State has come into being owing to various factors some operating in one place and some in other place. The fundamental factors that have contributed to the growth and formation of the modern state are as follows. Fundamental Factors whi
Read more

General Introduction to Procedutral law

Procedural law Introduction of Procedural law             Firstly we need to know the meaning of Procedure before we discuss about procedural law. Procedure – it is a way or process of doing something, especially the usual or in correct way. Therefore, procedural (adj.) is a process of doing something correctly. In the word Procedural, law is added.             The term Law is derived from the Tutonic word “Lay” which means fixed and uniformity . The law is the system of rules which are legalized by the parliament (elected representative of people; legislature) and obeyed or accepted by the people. As the most essential element of state is sovereignty, in same way law is the central idea of sovereignty and of the justice. It maintains peace, order and security of the county.             Now, we come to know that procedural law is that branch f law which shows the practical process or way and step for the resolution of conflict or disputes. As we should not forget that th
Read more

Property law

Unit I                         Introduction of the Law of Property Introduction to property law The substantive civil law is divisile into three main parts, namely, the law of property , the law of obligations and the law of statutes . In this chapter, we are concerned only about the first part, ie, the part related to the law of property or proprietary rights in rem. The term is applied to a number of different concept which are all legal rights, proprietary rights, proprietary rights in rem and corporeal property. Traditionally, life and associated rights over it and other also includes the property, like in Roman law, slaves were regarded as the property to the owner.equally wife for a husband and family for the father were property. Historical jurisprudence also allowed that son is property for father. But it does not work and there is great subliming in its entirety. In a narrow sense, it does include the corporal or tang
Read more