Nepal 2015 (rev. 2016) Subsequently amended

Unofficial translation by Nepal Law Society, International IDEA, and UNDP.

Preamble

We, the people of Nepal, in exercise of the sovereign powers inherent in us,

Embracing the sovereign right of the people and the right to autonomy and self-rule, by maintaining Nepal’s independence, sovereignty, geographical integrity, national unity, freedom and dignity,

Remembering the glorious history of historical peoples’ movements and armed struggles time and again and the sacrifice made by people for national interest, democracy, progressive change, and recognizing the martyrs, the disappeared citizens and the victims,

Ending all forms of discriminations and oppression created by the feudal, autocratic, centralized and unitary system,

Integration of ethnic communities , Motives for writing constitution , Reference to fraternity/solidarity

Embracing multi-caste, multi-lingual, multi-cultural and diverse geographical specificities, by ending discriminations relating to class, caste, region, language, religion and gender discrimination including all forms of racial untouchability, in order to protect and promote unity in diversity, social and cultural solidarity, tolerance and harmonious attitudes, we also express our determination to create an egalitarian society on the basis of the principles of proportional inclusion and participation, to ensure equitable economy, prosperity and social justice,

Expressing commitment to create the bases of socialism by adopting democratic norms and values, including peoples' competitive multi-party democratic governance system, civil liberty, fundamental rights, human rights, adult franchise, periodic elections, complete press freedom and an independent, impartial and competent judiciary, and the concept of rule of law,

NOW THEREFORE, in order to fulfill the aspirations for perpetual peace, good governance, development and prosperity through the medium of federal democratic republican system of governance, hereby promulgate this Constitution through the Constituent Assembly.

PART 1. Preliminary

1. Constitution as the fundamental law

2. Sovereignty and state authority

The sovereignty and state authority of Nepal are vested in Nepali people. The use of which shall be as provided for in this constitution.

3. Nation

Having multi-ethnic, multi-lingual, multi-religious, multi-cultural characteristics with common aspirations of people living in diverse geographical regions, and being committed to and united by a bond of allegiance to national independence, territorial integrity, national interest and prosperity of Nepal, all the Nepali people collectively constitute the nation.

4. State of Nepal

Nepal is an independent, indivisible, sovereign, secular, inclusive democratic, socialism-oriented federal democratic republican state.

Explanation: For the purpose of this article, 'secular' means protection of religion and culture being practiced since ancient times and religious and cultural freedom.

1. the territory existing at the commencement of this constitution, and

5. National interest

1. Independence, sovereignty, territorial integrity, nationality, autonomy, self-respect, protection of rights and interests of Nepali people, protection of boundaries, and economic progress and prosperity, shall be the fundamental subjects of Nepal’s national interest.
2. Act and character against national interest shall be punishable by Federal law.

6. Language of the nation

All the mother tongues spoken in Nepal shall be the national language.

7. Language of official transaction

The Nepali language written in Devanagiri script shall be the language of official business in Nepal.

8. National flag

1. The national flag of Nepal, consists of two juxtaposed triangular figures with a crimson colored base and deep blue borders, there being a white emblem of the crescent moon with eight rays visible out of sixteen in the upper part and a white emblem of a twelve rayed sun in the lower part.
2. The method of drawing the flag and other particulars relating thereto shall be as set out in Schedule-1.

9. National anthem, etc.

1. The national anthem of Nepal shall be as set out in Schedule-2.
2. The coat-of-arms of Nepal shall be shall be as set out in Schedule-3.
3. The Rhododendron Arboreum is the national flower, Crimson is the national color, the cow is the national animal and the Lophophorus is the national bird of Nepal.

Part 2. Citizenship

10. Not to be denied of citizenship

1. No Nepali citizen shall be denied the right to acquire citizenship.
2. There shall be a provision of single federal citizenship with provincial identity in Nepal.

11. To be deemed citizen of Nepal

Persons who have acquired citizenship of Nepal at the commencement of this Constitution and persons who are eligible to acquire citizenship pursuant to this Part shall be deemed citizens of Nepal.

1. A person who has acquired the citizenship of Nepal by descent before the commencement of this Constitution.
2. Any person whose father or mother was a citizen of Nepal at the birth of such person.

A person, born in Nepal to a Nepali citizen mother, who has domicile in Nepal and whose father is not identified, shall be granted citizenship of Nepal by descent.

Provided that in case his/her father is proved to be a foreign citizen the citizenship of such a person shall be converted into naturalized citizenship as provided for by the federal law.

Notwithstanding anything contained elsewhere in this Article, in case of a person born to a Nepali woman citizen married to a foreign citizen, who has permanent domicile in Nepal and has not acquired citizenship of a foreign country, he/she may acquire naturalized citizenship of Nepal as provided for by the federal law.

Provided that at the time of acquisition of citizenship, both his/her mother and father are citizens of Nepal such person born in Nepal may acquire citizenship of Nepal by descent.

12. Citizenship based on descent and gender identity

According to this Constitution, a person who acquires citizenship of Nepal by descent may obtain citizenship certificate of Nepal in the name of his/her mother or father with gender identity.

13. Acquisition, re-acquisition and termination of citizenship

Other provisions relating to the acquisition, re-acquisition and termination of citizenship shall be as provided for by the federal law.

14. Non-resident Nepali citizenship may be granted

A person who has acquired citizenship of a foreign country and who resides in a country other than a country member of South Asian Association for Regional Cooperation and who previously himself or herself or his/her father or mother, grandfather or grandmother was a citizen of Nepal by descent or by birth and who later acquired the citizenship of a foreign country may be granted non-resident citizenship of Nepal allowing him/her to enjoy the economic, social and cultural rights as provided for by the federal law.

15. Other provisions related to citizenship of Nepal

Record keeping of each citizen of Nepal along with his/her identity and other provisions regarding citizenship of Nepal shall be as provided for by the federal law.

PART 3. Fundamental Rights and Duties

16. Right to live with dignity

17. Right to Freedom

1. Except as provided for by law no person shall be deprived of her/his personal liberty.
2. Every citizen shall have the following freedoms:
   Freedom of opinion/thought/conscience , Freedom of expression Freedom of assembly Right to form political parties Freedom of association , Right to join trade unions Freedom of movement Right to establish a business , Right to choose occupation Freedom of opinion/thought/conscience , Freedom of expression Freedom of assembly Restrictions on political parties , Right to form political parties Right to join trade unions , Freedom of association Freedom of movement Right to choose occupation , Right to establish a business General guarantee of equality

   18. Right to equality

   All citizens shall be equal before law. No person shall be denied the equal protection of law.

   Equality regardless of financial status , Equality regardless of race , Equality for persons with disabilities , Equality regardless of gender , Equality regardless of religion , Equality regardless of language , Equality regardless of creed or belief , Equality regardless of tribe or clan , Equality regardless of origin

   Equality regardless of origin , Equality regardless of tribe or clan , Equality regardless of race , Equality regardless of financial status , Equality regardless of gender , Equality regardless of creed or belief , Equality regardless of language , Equality regardless of religion

   The state shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language or geographical region, ideology and such other matters.

   Provided that nothing shall be deemed to bar the making of special provisions by law for the protection, empowerment or advancement of the women lagging behind socially and culturally, Dalits, Adibasi, Madhesi, Tharus, Muslims, oppressed class, backward communities, minorities, marginalized groups, peasants, laborers, youths, children, senior citizens, sexual minorities, persons with disability, pregnant, incapacitated and the helpless persons, and of the citizens who belong to backward regions and financially deprived citizens including the Khas Arya.

   Explanation: With reference to this Part and Part 4, “financially deprived” means the person having the income less than prescribed in the Federal law.

   Right to just remuneration Radio , Freedom of press

   19. Right to communication

   1. There shall be no prior censorship of publications and broadcasting, or information dissemination, or printing of any news item, editorial, article, feature, or other reading material, or the use of audio-visual material by any medium, including electronic publication, broadcasting and printing.

   Provided that nothing shall be deemed to prevent the making of laws to impose reasonable restriction on any act which may undermine the nationality, sovereignty, and indivisibility of Nepal, or the good relations between federal units, or jeopardizes the harmonious relations subsisting among different caste groups and tribes, or communities, or an act of treason, or defamation of social dignity of individuals through the publication and dissemination of false material, or contempt of court, or material that incites criminal offence, or an act that is contrary to decent public behavior and morality, or disrespects labor, or incites untouchability or gender discriminations.

   Telecommunications , Television

   If there is any broadcasting, publishing or printing, or dissemination of news, article, editorial, feature, or other material through the medium of electronic equipment or the use of visuals or audio-visuals, no radio, television, online publication or any kind of digital or electronic equipment, or press, or other kind of media outlet, shall be closed, seized, or their registration cancelled for publishing, or transmitting, or broadcasting such material.

   Provided that nothing in this clause shall be deemed to prevent the making of Acts to regulate radio, television, online or the use of any other kind of digital or electronic equipment, printing press or other medium of communication.

   Telecommunications

   20. Right to Justice

   Protection from unjustified restraint Protection from unjustified restraint , Right to counsel , Restrictions on rights of groups

   The person who is arrested shall have the right to consult a legal practitioner of her/his choice and be defended from the time of arrest. The consultations held with the legal practitioner and the advice given thereon shall remain confidential.

   Provided that this clause shall not apply to a citizen of an enemy state.

   Explanation: For the use of this clause “legal practitioner” shall mean a person who has the legal right to represent any person in any court or office.

   Restrictions on rights of groups , Protection from unjustified restraint

   Every person who is arrested shall be produced before a judicial authority within a period of twenty-four hours after such arrest, excluding the time necessary for the journey from the time and place of arrest to such authority, and the arrested person shall not be detained in custody beyond the said period except on the order of such authority.

   Provided that this clause shall not apply to a person in preventive detention or to a citizen of an enemy state.