For the record: The ruling seven-party alliance and the CPN-Maoist leaders today morning finalized the Interim Constitution following 17 hours of intensive discussion at the prime minister’s residence at Baluwatar. In the preamble of the Interim Constitution, a firm determination “to restructure the country progressively for the resolution of class, ethnic, regional, and gender related problems prevalent in the country in keeping with people’s mandate and aspiration expressed frequently in various historical struggles and movements since before 2007 BS in favor of democracy, peace and progression” is made. Likewise, the interim constitution has made commitment regarding the subject of “competitive multiparty democratic system, people’s liberty, fundamental rights, human rights, adult franchise, periodic election, complete freedom to press, the provision of independent judiciary and rule of law and democratic principles.” “We declare the promulgation of Interim Constitution-2063 of Nepal till the next constitution to be framed by the Constituent Assembly placing democracy, peace, prosperity, progressive socio-economic transformation and sovereignty of the country, integrity, independence and dignity in the center to institutionalize the results of the struggles and revolutions launched hitherto.”
The main characteristics of Interim Constitution of Nepal-2063 are as follows (source eKantipur. More about this here):
*Drafted on the collective initiatives of eight political parties as per the spirit of democratic people’s movement.
* The sovereignty and ruling power rest on people.
* Religious secularism
* Nepal is defined as an independent, indivisible, sovereign, inclusive and complete democratic state
* National animal cow as it is
* Women’s rights and clauses of untouchability and caste discrimination mentioned in fundamental rights,
* Subjects including environment, health, education and culture , employment and social security, children, torture, labour mentioned in fundamental rights,
* Formation of unicameral legislation including 330 members
* Prime Minister to call and conclude parliament convention, and to present annual programmes and policy of the government,
* Executive power to Council of Ministers,
* Constituent Assembly comprising of 425 members including 409 from election based on mixed electoral system and 16 from nomination,
* The tenure of Constituent Assembly would be two years from its first meeting,
* A Constituent Assembly Court would look into the complaints lodged regarding the election of constituent assembly,
* National Human Rights Commission to be set up as constitutional body,
* Formation of interim local body at district, municipality and village level would be revived on the understanding of eight political parties
* At least 10, 000 voters’ signature needed to form a new party for election,
* Council of Minister to appoint Chief of Army Staff,
* Formation of Security Council headed by Prime Minister including Defense Ministry, Home Ministry and other ministries as indicated by Prime Minister,
* The Special Committee of Council of Ministers would be responsible for supervision, accommodation and rehabilitation of Maoists Army,
* The Amendment of the Constitution would be made only by two third of the majority of parliamentarians,
* The Constitutional Council headed by Prime Minister that includes Chief justice, Speaker and three Ministers assigned by Prime Minister,
* The Council of Ministers resumed power to look into the punishment sentenced by any court, special court and military court,
* The Council of Minister to appoint Ambassadors and other Special Representatives,
* Prime Minister is to conferee upon title, honour, decoration on behalf of the state,
* Provision of Referendum on any issue that hold national importance,
* The Council of Ministers resumes power to remove difficulties that should be approved by parliament or constituent assembly within a month,
* Prime Minister to use all executive powers of head of the state,
* Fate of the monarchy to be decided by the first meeting of the Constituent Assembly,
* The property of the Late King Birendra, Late Queen Aishwarya and their relatives would be put in the Trust under Nepal government and be utilized for the nation’s betterment,
* The property that King Gyanendra received in the capacity of the head of the state to be nationalized,
* Fresh oath of office mandatory to justices of Supreme Court, Appellate Court, District Court as the commitment towards the Constitution and those who ignored would be terminated.
* The existing House of Representatives and National Assembly would automatically be dissolved with the promulgation of this constitution,
* The Constitution of the Kingdom of Nepal-2047 BS would be nullified after the promulgation of this constitution.
44 responses to “Highlights: Interim Constitution of Nepal 2063”
Well, this is nothing new then what we already knew when the draft was submitted except that they decided to keep quiet on the monarchy. If they want to keep quiet on monarchy, why are they providing money from the state exchequer? If King is not the head of state, why he is given the salary?
At long last the Seven Parties plus the Maoists’ homework fruited the interim statute. Needless to say, the gist of the Interim Constitution of Nepal, 2006, appears to be progressive. On the face of it, at least. None knows its fate. The 1990 Constitution too is said to be fine in its content.
What a coincidence? 47 years ago, the Panchayati Constitution was introduced by King Mahendra on Poush 1. And the “progressive parties” could end up with the supreme law of the country interim period in the same day. They, who twiddled their thumbs earlier for some nonsensical reasons, took this conjunction of date for shame. They were done with the Constitution in the morning of Poush 1, 2063 but, while signing it, the date was put on as Mangsir 29. What an overt lie? Poush 1 is polar truth. So is the falsehood of the parties.
Though it will be too early to be skeptic, I see a bit of incertitude regarding the effectuation of this constitution too.
In one hand, the dossier that will come in effect very soon keeps mum about the role of the king whose power has already been stripped off; it gives all the authorities of the Head of the State (HoS) to the prime minister in the other. This insinuates that the king is no more the HoS. For the first time in the history of Nepal, a person with non-royal background will be heading the state as well as the government. The days of the kings are gone now. But we have to wait for some time to superannuate the system of ruling by the blue-blooded.
No comments on contents of the statute. However, I would like to say something about the debate on the topic of national animal. The Maoists could not put an end to COW. Rhino could not win the fate. The NC, the NC (D) and the CPN (UML) who advocated for the secularism this time backed the cow. And it was a wise decision by them. At least for maintaining the religious harmony. May be, for not provoking intolerance among the Hindu fundamentalists as well as other commoners who still are for Nepal as a Hindu state. Rhino? If two animals could be selected, rhino too would be one of the options for the second.
Provided the cow being worshipped widely by the Hindus and thus would not be killed in general, and the rhino being an endangered species that is protected by law, I would go for the water-buffalo (Bhainsi) and goat (khasi/bokaa) as national animals—I being against the killing of animals. No hehehe and no lol. I am serious. If these animals could be national animals, their killing would be prohibited by law.
Moreover, for me, the candidate of national bird would be chicken besides Lophopherus impejanus (Danphe).
“The Council of Ministers resumed power to look into the punishment sentenced by any court, special court and military court”
Isn’t it for making a mockery of the judiciary?
Seems the king will become a mareko syaal during interim period and I can’t expect he will get his powers back after the CA elections. That means the king will continue being mareko syaal, well, at least in paper. It remains to be seen if he will really be mareko syaal in reality. Then there would be quite a celebrations, dancing like the girl in next blog! But, again, I am really skeptical about the king being mareko syaal.
The key questions are: how will the political leaders be made accountable to people and what is the mechanism for doing so? This new constitution gives the absolute power – over judiciary, military, security, human right definitions, national and international institutional arrangements, diplomatic relations, etc – to the leaders who will come and go every 4 or 5 years, preassumably having no qualifcations other than securing just enough (pursuaded and intimidated) votes to get them the seats. What are the fundamental priciples that must be adhered to? For instance; right to earn and possess the property; individuals’ freedom, guaranteed rights, right to self-protection and denial, etc, etc. Even the social security of individuals will be defined and redefined by the political leaders every now and then. Is it empowering people or disempowering them? Is not the power inherent to the Nepalese being hijacked by so-far mistrusted leaders?
Also, there may been few hundred thousand people out on the during the movement, but one should not forget that there are about 28 million Nepalese in the country as well as abroad. The currently self-proclaimed leaders may not have the right to present themselves as the supreme authority on behalf of 28 million Nepalese.
We call one constitution “the best in the world” and a few years later term the same constitution a failure. Then we move ahead to make yet another constitution.
However, how much have we given thought to why the old constitution failed. Did it fail or did we fail it? Are we ever going to learn?
Constitution is just a piece of paper. What makes it work is an inherent belief in its spirit and fundamental values of good governance. The big questions is does SPAM know that. Their past actions make me believe that they don’t care. However, for the sake of Nepal and the Nepali people, I hope that they have learned from the past.
Love Nepal Blog.
I think the interim consitution establishes the foundation for the complete democracy with the sovereignty of the nation on the people of Nepal, with strong provision to protect civil liberty yet provisions to resolve the social discriminations with progressive regulations.
1990 contitution does not have such clarity and now the head of the state is Prime Minister during interim government until the fate of the monarchy is decided by the first meeting of the constituent assembly – “Prime Minister to use all executive powers of head of the state”
I am personally very happy with it. However, I do not agree with the national animal. I think ‘yak’ should be the national animal.
Similarly, national flag which has never been quetioned has its originality in the Hindu religion – particularly to the puranic rituals.l
The flag should be changed and this question of changing national flag on the premise of the secular state will come during the national assembly election.
I personally propose to design the national flag with Eight Stars shining on the background of the Shagarmatha over the green valley with some Laliguras flowers. The boarder will be the red and the base color blue.
Let see how all of us Nepali citizen – intellectuals, politicians, members of civil society, political cadres and rest of us have thought about the flag which has its ORIENTATION FROM THE HINDU SECTS and whether support the premise that in SECULAR STATE THIS CURRENT FLAG IS NOT RELAVANT OR RATHER IT CONTRADICTS THE SENTIMENT OF THE NEW DEMOCRATIC NEPAL.
However it looks unique with its shapes and syles on the flags of the world. But let us see how much we are thoughtlessly attached with this flag and how much we rationally think to change it with changing time.
Kishan under the rule of law unlike your monarchy’s arbitrary rule of law or your Hindu’s superstitious traditional tabbus the soverienty rest on the people and the political leaderships or representatives have certain time frame or period or term to behave democratic way if not they can be replaced by the election or by the vote of the people.
Who do you think you are? And what you think who the political leaders are? If you have the gutts go and fight for your king the incarnation of the puranic god (just literary works or stories) to use might if he has now or your Hindu gods of puranas fire their ashtra to stop the course of rule of law. If not thnk secularly and trust the political leaders at this time to try their best. If not we will replace them with the new young leaders.
Got it GPK, MKP, Prachanda will live certain period of time. GPK perhaps not as long as MKP and Prachanda. There are young leaders on row to show up for the responsibilities of the nation.
If you have the gutts you get on the row to process you chance to become the leader. If not give the chance for now to the political leaders who have been working hard these days to solve the historical crunches of the nation or cronic problem of the nation.
Changing everything does not change the lives of Nepalese people.
If you can change, change the corrupt mindset of our Nepalese Leaders. Distribute the property that Gyane acquired, to the poor people. Do you want to change everything (flag, this, that) for the change’s sake?!! Do you want to be diverted from the grave isssues?
How dare you attach Bloody Gyane with hinduism!
Take Gyane and Parase with you as a Christmas gift.
You want to change over night, right? The structure of the country until now is based on the system of suprestitions in which Nepali people were forced to believe the king incarnation of the god Visnu, the protoganist of Visnupurana, one of the literary work of Vasya. I am sure you still believe that all gods of Hindu are real ones. But it is hard for you to see that they are the characters of the literatures of puranas, Ramayana (epic) and stories.
A county whose majority of population are kept illiterate and literate ones ill-informed of their own origins and practice outragous superstitions, sacrifice animals in open temples, accuse old women and men witches, are frightened in the night of the ghost and gobles. And you want over night Nepali people rich and out of work schedules (need not to work like the king and royal families).
You know you need to think rationally. Are you a child of Hindu family? I am sure you are. Then ask you parents whether they know about the Vedic school of thought – Shamkhay, Naya, Visesika, Minansa, Yoga and Vedanta. If they know ask them do these schools of thought believe in the personifications of god.
Obviously if they know they will say with big ‘NO’. Then you may ask what they believe in? They would say Shamkhy believes in elements, intelligence and energy; Visesika in ‘paramanu’ or atom; Naya in logic; and so on.
Nepal was formed before United States was created by the Shah dynasty. Where is it now? Where is America? What you say. We are mamal human and they are also mamal human.
You would say with your proudy sense of nationalism that you want to dump America in us.
Miss, Nepal needs desperately the institutionalizations of the Democractic logistics to establish rule of law, electoral process of governance, restructuring of nation under the principles and norms of federalism and so on.
Federalism is the one that Nepali people need to understand desperately at this changing time. It is the Federal system of governance can help people become prosperious. The fedralism is the union of the state to govern the nation with decentralized state management.
If your father is CDO or your brother is DSP won’t like this system because only popularly elected representative can administer the district or the constituent of the state. But not the government employee who get appointed by the king or prime minsiter.
So such electoral procedures of governance will take sometime – from constituent assembly election to the formation of the new constitution and the elections of the representatives for the new system.
Establishment of the Federal system with the accomplishment of the elections fo the constituents of the state.
Each constituent governor (CDO), assembly members, constituent judge, attorney, law enforcement officer (sheriff or police officer) will be elected by the people of each constituent and they have to be the permanent resident of the constituent.
Now you will get scared if you father or brother or brother-in-la or some relatives are CDO or government employee who easily get chief to rule the people of Nepal.
I say I will fight until I die as Nepal to bring such system of electoral democratic logistics in the everyday state practice. I promise you.
Kaam kuro ekatira, Kumlo boki thimitira!
You want to die for your prescription, or you want to die for Nepal?
Why are you mixing up the peace loving, friendly Hindus with dictators like Gyane? Whether people want to believe on god or not is their business, not yours.
Have you honestly studied, Vedas, bible, and Kuran? You do not seem so. Throwing a few words does prove that you know the depth. You still seem to roam around the surface, and confuse between the depth of a religion and superstitions.
Depth of a religion ( if you want to follow one), does not worry about the shape of a flag; whether it should have a star or sun or moon or a planet. It is your lens that makes you look it different.
throwig a few words does NOT prove….
Brave printed words filled with nice adjectives will change nothing … Unless implementation is sincere whatever documents politicians will produce has no meaning … Those documents are produced day-in-and-day-out … Have not we seen enough of policy papers, plans and programs? Where has it led? Nowhere… It will not be any different this time as well
This interim constitution providing one of the stongest and overloaded PM in the world. Even Judiciary in its control and can change the judical decision.
Regrettably, phrases such as “who do you think you are?” do not suit your vedic knowldege.
One thing I believe is that not all Nepalese need to become political leaders to make the system to work for them. If that is the case, then we are not ready yet. Concentration of power has always been fatal.
Others may not agree but I think some conspiracy is going on the republican setup. Of course from the durbariyas if not the king and his family itself.
There is a speculation. The other day the Interim Constitution will be implemented, the King would take over again. Mentioning some articles of the 1990 Constitution and saying that the parties failed to safeguard it and the purpose of the reinstatement of the parliament, he will try to coup again.
WHatever changes the government and parties have made, the army is still loyal to the king.
In fact, the document correctly reflects what Nepalese people have aspired for long. I wish all the success for its promulgation. This is also begining of the end of feudal monarchical rule at least in principle. Let us support it by putting our all frustration and bitterness from our past legacy aside. I am hoping to celebrate after its promulgation. Congratulation to you all.
ok then, this is what all of those, who took to the streets, to have the “historic” April revolution asked for– a “democracy” with no-opposition. The corrupt and the killers will for an interim parliament and virtually everything in Nepal will come under either these bunch of thugs or under the fatter bunch of thugs who will form the cabinet. And, yeah, there will be no opposition. Nothing can be and will be contested. People won’t be brought to justice for all the murders that have been committed or for all the corruption that has been done so far. Not a single bank defaulter will be brought to justice. And by the time the new constituent assembly ends of formulating a new constitution the terrorists and the currupt politicans would have had a free run for more than two years. I suppose we are thinking that well we got peace and and very rightfully got rid of the autocratic rule but little do we know about what awaits us. I guess we will be in transition for a few more years.
This anon guy is really full of it. he wants to blame the monarchy for all the wrong things that has happened in thsi country so far. God! what is this guy a congressi cadre. Yes, you can take gyane and paras with you to india. What nepal and what flag. This is already an indian state without all the facilities of being an indian state. What makes us Nepali? Ian martin, moriarty, GPK, MKN and even prachanda has to go to delhis to discuss nepali political issues. What nepal are you talking about? What can nepal do (much like bhutan) without the permission of India? Even prachanda says Mr.GPK is a great leader, the person who is blamed by the entire nation (except for a**holes like you) for destroying this nation and this clearly shows how small prachanda is. If prachanda thinks GPK is great, he is at least smaller than GPK. He is loser and a person who has failed. He led the nepali people for 15 years on a wrong path (even he excepts that), so how can he be a leader??
It is indeed good to find that the present political parties have come up with a new interim constitution wherein there is nationalisation and transformation of the king’s properties and power.However, this would really bereft the king of all the powers and facilities he used to have in the past.This would really be a bias on the part of a person whose ancesters have sacrificed their blood in the unification of the country.Infact, the present Nepal is the outcome of their bravery and hard work.We should not ever forget that today we take pride of being Nepali and put our head high just because there were some brave warriors ,viz. the shah dynasty, who saved our land from being invaded by the British Empire.So, is it really fair to make the king bereft of all the powers if the above pionts are taken into account?
FYI.. the Maoist movement didn’t start before 1990. It started in the middle years of the “democratic years” where the corrupt policians were going berserk with their looting of the country. It is not clear how the monarchy had a role to play in this looting and exclusion of the majority of the country when Girija and the likes were draining the country’s resources, dissolving majority governments, calling snap polls, devastating the only flag carrier, getting rid of the tempos so that Sujata can bring in her micro buses, tkaing jumbo sized delegations to olympics, asian games, filling up all government positions with their cronies and yeah, siding with ALL the bank defaulters. Now, some years down the line, the same corrupt faces have joined hands with the terrorists and suddenly getting rid of the king is being seen as a solution and this is being linked to some 240 years of oppresssion etc– am I missing something? Are the Maoists and the corrupt politicans disowning any resposnibilities for the oppression, mass killing and looting that went on in the country between 1990 anmd 2004? Is it also the king that carried out those oppression? How can we now trust the same corrupt and blood hungry people to head our governments for at least two more years with absolute powers until a consituent assembly forms the new consitution and a new government.
What is the gaurantee that the taken-away right and power of people will be returned back to the people after two years, particulary when their way of looting and raping the country gets fully legitimized and institutionalized… Well their behavior in the past does not show us that shining star at all. We can reflect back on strategies of Saddam, Castro, Gaddafi, Musharraf, Mugabe, etc around the world! Pity that we seemingly are are borne to be ruled and exploited, if not by the king then by these so called wise politicians. When even the king is gone, who can challenge them…
Hinduism is the oldest most democratic, most broad-minded and scientific and spiritually enlightening religious path.
Christianity is the most superstitious and fictitious religion. Jesus could not even save himself, who got beaten, kicked, thrashed, humiliated and killed right in front of his mother and wife. Isn’t it stupid to think that he can save us? and save from what? It is a ridiculous fantasy.
In Christianity, women are considered evil, they used to be burnt alive by the popes. In Hinduism, women are worshipped as goddesses.
Islam is all about terrorism. Koran (non Puran) is all about killing other religions and enslaving women.
Why do not we nepalese read a little bit?
Our neighbour INdia’s biggest problem is secularism, had it been smart and sent all the Muslims to Pakistan when Mohammed Ali Jinnah asked for a separate country for the muslims, India’s communal issue would not have been posing such an hinderance for its economic development.
Countries like the United Kingdom are also realizing the grave problems with secularism especially with Islam. Islam is a religion that does not respect other religions and call for religious issues is considered to be far superior then call for the nation. Recent Tony Blair’s speech sparked controversy in England when he suggested that British Citizens had to be British first and that their duty was toward their country than to the religion. Many in the muslim faith disagree.
We stand out becasue we are the only Hindu nation in the world and it should be that way. We allow muslims to build mosques and christians to teach our children in schools. Have any of you tried to go into Saudi Arabia with a picture of Krishna ? or tried to make a temple there ? do u think you will ever be able to do that? Will your wives be able to go there and roam the streets without wearing a burqa ?
I am a Hindu and I don’t want to lose my identity to these people who continue to dominate will dominate even more. We have had no crusades or a desire to conquer other religions and races. We are no jihadis who wishes to die killing innocent people. We are peace loving people who are tolerant. why should we change the religion of the country? Yes there should be no religions discrimination, and no discrimination between castes, but why can we not see that religion can also be practiced with tolerance and acceptance of its faults.
this is directed at hindu
all muslims are not TERRORISTS
open your ignorant mind a little otherwise your no different from those fundamentalists
It seems a very fair constitution, as a republic, it would be stable, and have no dictatorial threats.
Hey guys, why not even change the name of the country? Who named us nepali anyway? Nepal was not created by the people so why not have a new name as well?
Read Hindu’s comments above, read it as many times as it takes for you to understand.
Also, let us remember, pakistan and Afghanistan were Hindu countires once. 100% Hindu countries but Muslims attacked, conquered and then forced people to convert to Islam. Men who refused to convert to Islam were slaughtered en mass (see Hindu genocide Pakistan in google) and their women were enslaved for bearing Muslim children.
The same Muslims are expanding their wings in nepal. And we nepali people are so ignorant of it. We are paving path for them, by laughing at our own tradition, culture, language and identity and thus destroying our original religion.
Such extremist views by people calling themselves Hindus! It seems you do not know the core philosophy of your own religion. You talk about extremism in Christianity/Islam(which is true) and then make the same extreme statements! Maybe you guys should join the Al Qaeda(extremist Hindus wing!)…or form a similar organization because reading your thoughts that’s where you guys belong. Shame.
That day is not far off, you will see a Shiv Sena in ktm soon. Yes we were innocently slaughtered by the bearded mullahs becasue we did not retaliate, now we will. See how we shut the muslims up in Mumbai, not one can some out and say a word. We need extremism for our survival, not to impose ourselves on anyone or any country.
Heretic, you are right not all muslims are terrorists, but none not even a single one will condemn their clan for terrorist activity which kills innocent child and women. They always put religion before anything else, theirs is the best and if u don’t convert, they will spit on you or kill you. For best example please travel to any of the Arab states and u will understand.
Har Har Mahadev!!!!!!!!!!!
Fine, if you choose that path then so be it. But don’t call yourself Hindu for that you are not. You’re just a nut like Osama-but just a much smaller wannabe nut-that’s all.
Yes, I am a Hindu who is actually doing something to save my religion and my culture and my heritage, one that identifies me. Unlike people who are scared and will play pocket billiards and sit quiet while our country is plundered by mullahs.
All you are is a religious idiot talking big in this blog that’s all.
hahaha hindu guys r now feeling the pain n suffering, did they realize this when thier ancestor did more brutal n extremism religiously n culturally to us after we mixed up in modern nepal ??? completely violated the treaty made with us that allowed us to practice social culture our way that has been for thousand years, claimed us to be always the rulers. n we tolerated for past 200 years.
feel it bro, feel the pain, know how much it hurts……
you think you have a better future now or that you have had your revenge on the hindus? Wait and see. With the king out the bahuns will rule this country. There will be bahuns in the commercial and govenment sector like anything. The bahuns will rule this country and all the other problems like u and me will be swept under the carpet by the bahuns. What, you think there are other capable people, ha ha. Even the maoist leaders are bahuns.
Hindu II makes some sense. Hope bahuns aren’t that bad though.
What a nonsence debate between each other ? Wake up guys. It is not the time of fighting and quarelling between ourselves. It is the time of making the country beautiful putting hands together. I am tired of hearing the discrimination between same beings. Before we are hindu, muslim, bahun, kirat, limbuwan, khumbuwan whatever, we are all human beings a same beings. Stop this nonsence discussions and put your brain on discussing about the current problems of the country. Do not try to be splitted, try to be united. Make solidarity on making the country full of peace, prosperity, beuatiful and developed.
fck those maoist n bahun hindu II bro, this is our own fight, n till i hav last drop of blood remaining in my body, i shall fight for our rights, no offence for hindu people bro, but making them aware how much it hurts..n the feel for revolt, we hav been through this n r unstopable not even fking bullets n fking modern arms n ammunitions…..
Limbuwan, u use too many king in your sentences. Like fking this and fking that. This is loktantra and you r not allowed to use the word king anymore. Keep fighting for your rights bro and hope you do not have to eat bullets. There are always people trying to use you or used by u.
Could pls send us the Nepali version of interim constitution 2063 of federal democratic republic Nepal with fifth amendment.
Hi Nepali borthers and sisters,
I studied well above mentioned arguments, i found ethnic communities friends are very empowered than past. Being a hindu i accept those blames which rated over Hindus. They(Brahmanbadi) used to be the greatest discriminator of the world but This new Nepal is common playground for ethnic, minorities, madhesis, youths, woman and all excluded comminities. I want to all friends to argue about the secularism not about brahmin, limbus, rais and etc.
Come and lets take hands together for building new nepal.
Generally I do not post on blogs, but I would like to say that this post really forced me to do so! really nice post.
No any documents match with original sereach so is ghatiya process.Now a days I dont like any type of political presentation.