The remuneration, privileges and other conditions of service of the Chief Justice and other Justices of the Supreme Court shall not be altered to their disadvantage. Under this Constitution, National Human Rights Commission shall submit the yearly report of its activities to the Prime Minister and the Prime Minister shall arrange such report to be laid before the Parliament. 22) Twelve equal and similar triangles of the sun are to be made in the space enclosed by the circles of No. The primary duty of the National Human Rights Commission shall be to guarantee the respect, protection and promotion of the human rights and their effective implementation. The following countries currently have, or have had in the past, such a constitution. 3) From BD mark off E making BE equal to AB. Nepal is about to adopt a new constitution, after nearly a decade of delay. The remuneration and other conditions of service of the Chief Commissioner and the Commissioners shall be as determined by law. 127. The tenure of office of the Chief Justice shall be six years from the date of appointment, pursuant to Sub-clause (b) of Clause (1) of Article 105. The new Constitution, drafted by the second constituent assembly, replaced the Interim Constitution of Nepal of 2007. If apart from the Chief Commissioner, other Commissioners are appointed, the Chief Commissioner shall act as Chairman of the Commission for the Investigation of Abuse of Authority. (2) To restructure the state in accordance to clause (1) a High Level Committee will be instituted. 145. Provided that nothing in this article, any matter within the jurisdiction of the Military Act, the National Human Rights Commission shall not have jurisdiction. This Declaration may be cited as the "Government of Nepal Act , 2004 (1948) ". Nepal is governed as per the new Constitution of Nepal, which came into effect on Sept 20, 2015, replacing the Interim Constitution of 2007. The judiciary of Nepal by following the concept and values of the free judiciary and by keeping democracy and the spirit of people’s movement in mind shall be committed to this constitution. P rovisions regarding Constitutional Bodies and Authorities: (1) The Constitutional Bodies and officials thereof subsisting at the time of the commencement of this Constitution, but which are not reestablished under this Constitution, shall cease to subsist after the commencement of this Constitution. 49 7) The remuneration and other conditions of service of the Public Service Commission Chairperson or member shall be as determined by law. The Commission for the Investigation of Abuse of Authority in accordance with this Constitution shall submit an annual report to the Prime Minister regarding its work and the Prime Minister shall present such report to the parliament. The Chief Justice or Justices of the Supreme Court shall not be engaged in or deputed to any assignment except of the Judge. Question 4 Write a brief note on the struggle for freedom in Nepal. Khagda Prasad Sharma OLI served as the first post-constitution prime minister from 2015 to 2016. Except on the matters which fall under the jurisdiction of the Constituent Assembly Court, the Supreme Court shall have the final power to interpret this Constitution and prevailing laws. The detailed procedures regarding the implementation of this Constitution shall as described in Schedule II. This is the best & the easiest application for reading the New Nepali Constitution in both Nepali and English. 161. The Constitution will come into effect only after it is endorsed by the Cabinet and approved by the House of Representatives. Functions, Duties and Powers of the Auditor General: 1) The accounts of the Supreme Court, Parliament, Constituent Assembly, Commission for the Investigation of Abuse of Authority, Auditor General, Public Service Commission, Election Commission, National Human Rights Commission, office of Attorney General and other offices of Constitutional Bodies and the Nepal Army and Armed Police or the Nepal Police and all other government offices and courts shall be audited by the Auditor General in the manner determined by law with due considerations regarding regularity, economy, efficiency, effectiveness and the propriety thereof. If he completes sixty three years of age. The Constitution of Nepal, which came into effect on Sept 20, 2015, replacing the Interim Constitution of 2007. A person once appointed as the Chief Commissioner or Commissioner shall not be eligible for appointment in other Government Service. The new constitution of Nepal has come into effect on September 20, 2015 by replacing the interim constitution of 2007. If the Prime Minister releases Attorney General from the office. P rovisions regarding Council of Ministers (1) The Council of Minister subsisting at the time of the commencement of this Constitution shall be deemed as constituted under this Constitution. (f) Acting in accordance to and within the purview of the functions, duties and rights prescribed in this article the Attorney General can delegate his authority to an officer under his jurisdiction. On September 20, 2015, a new Constitution came into effect, replacing the interim Constitution promulgated in 2007, soon after the conflict ended. Sorry, your blog cannot share posts by email. The constitution was endorsed by 90% of the total lawmakers out of 598, however, some human rights activists, political groups, and some ethnic groups remained dissatisfied. In this article the author has made best effort to highlight the major changes introduced by the new constitution of Nepal. Any law, arrangement or decision which restricts any such activities shall be considered inconsistent with this Constitution and shall ipso facto be void. The Prime Minister shall, on the recommendation of the Constitutional Council appoint the Chairperson and the Members of the National Human Rights Commission. 59 Part 17 State Structure & Local Autonomous Bodies 138. D ecision to be made through referendum: (1) If, the Constituent Assembly maintains that it is necessary to make a decision on a matter of national importance other than the provisions made elsewhere in the constitution, and is decided by a majority of a two-thirds of the total number of the members present, decision may be reached on such matter through a referendum. At the root of the problem is a new Constitution that came into effect on September 20, 2015. The fundamental rights cited in the Constitution from Article Any person who is a sitting Judge of the Supreme Court for minimum 3 years shall be eligible for appointment as Chief Justice. To provide legal advice to the Government of Nepal and or the person designated by the Government shall be the duty of the Attorney General. In addition to the courts referred to in Clause (1) above, special types of courts, judicial institutions or tribunals may also be established and formed in accordance with law for the purpose of proceeding with and hearing of special types of cases: The Supreme Court shall be the highest court in the judicial hierarchy. 24) The above mentioned border will be provided if the flag is to be used with a rope. If, apart from the Chief Election Commissioner, other Election Commissioners are appointed, the Chief Election Commissioner shall act as the Chairman of the Election Commission. Nepal's new constitution came into effect in 2015, at which point the CA became the Parliament. The Chief Justice or other Justices of the Supreme Court shall be removed from their office in the following situations: If the Chief Justice submits his resignation before the Council of Minister and a Justice submits his resignation before the Chief Justice. (4) If the Proclamation or the Order presented before the meeting of the Legislature- Parliament is not approved pursuant to clause (3), the Proclamation or the Order shall be immediately deemed null and void. Short title and commencement: (1) this Constitution shall be called “Interim Constitution of Nepal, 2063. Other powers and procedures of the Supreme Court shall be as prescribed by law. Nepal adopted its new Constitution that came into effect from September 20, 2015. 6) No person shall be eligible as the Public Service Commission Chairperson or member unless he: a) holds a Master’s degree from a university recognized by the Nepal Government, b) is not a member of any political party immediately before such appointment; c) has attained forty five years of age, and d) possesses high moral character. Right to access to the Legislature-Parliament: The Attorney -General enjoys the right to be present in the Legislature-Parliament and attend any of its committees’ meetings and express opinions on legal issues. 1. 58 (e) In the discharge of his duties the Attorney General enjoys the right to have access to all the Courts of law, Offices and officers of Nepal. (2) Any law, arrangement or decision which allows for participation or involvement of only a single political party or persons having a single political ideology, philosophy or program in the elections, political system of the country or conduct of State Affairs shall be considered inconsistent with this Constitution and shall ipso facto be void. 11)With centre M and with a distance shortest from M to BD mark off N on the lower portion of line HI. 69 158. (5) All the property acquired by King Gyanendra in the capacity of a king (for instance: the palaces in different parts of the country, forests and national parks, heritage sites of historical and anthropological importance etc) shall be nationalized. 150. Further, Regulation on Right to Information was ratified and came to effect on Feb 9, 2009. But tourism has suffered because of skyrocketing prices, leading to cancellations. 118. Solution: In Nepal, the Interim Constitution came into effect from January 15, 2007. b. The appointment of Chairperson and Members in the National Human Rights Commission shall ensure representation from all fields including the woman. The tenure of the Attorney General shall be at the discretion of the Prime Minister. In order to perform the responsibility mentioned in clause 1, the Commission may carry out the following functions: a. The remuneration, facilities and other conditions of service of the Chairperson and Members of the National Human Rights Commission shall be as prescribed by the law. However, many are unhappy with the document, as the BBC's Charles Haviland explains. (2) The procedures pertaining to making decision pursuant to clause (1) shall be as determined by the law. 156. Progressive Restructuring of the State: (1)To bring about an end to the discrimination based on class, caste, language, culture, religion and region by discarding the centralized and unitary form of government and to make the state more inclusive , democratic and progressive restructuring will be done. All powers of the 238-year-old monarchy have been stripped, making King Gyanendra a civilian king, state-run Radio Nepal said, adding the powers, including those enjoyed by the head of the state, will also vest upon the prime minister.      However, there is no specific mention of who will head the state during the interim Constitution, sources said. The Constitution came after a long wait, drafted by the Second Constituent Assembly following the failure of the First to produce a constitution in its mandated period. On January 15, 2007, an interim constitution went into force due to the April 2006 people’s movement against the reigning monarchy. Define the term Ideal. Election Commission: (1) There shall be one Election Commission in Nepal that shall consist of a Chief Election Commissioner and up to four other Commissioners. The detailed procedures regarding the implementation of this Constitution shall as described in Schedule II. 164. (C) Method of Making the Sun 19) Bisect line AF at U, and draw a line UV parallel to AB line touching line BE at V. 20)With centre W, the point where HI and UV cut one another and radius MN draw a circle. Ans. The country of Nepal is now governed by the New Constitution of Nepal (Nepal Constitution 2015) which came into effect September 20th, 2015, replacing the interim Constitution 2007. (5) Except for the events of natural calamities, the decision made by the Council of Ministers of the Government of Nepal for the mobilization of the Nepali Army will have to be presented to the special committee prescribed by the Legislature- Parliament and approved within a month of the decision. The major change in the Constitution means a change in fundamental nature of the country. Interim management of combatants: The Council of Minister shall form a special committee for the monitoring, adaptation and rehabilitation of the combatants of the Maoist Army, and the functions, duties and powers of the committee shall be as determined by the Council of Ministers. Functions, Duties and Jurisdiction of the National Human Rights Commission 1. The Auditor General may issue necessary directives regarding the principles to be considered for carrying out the audit of such corporate bodies. (d) In addition to the function, duties and rights as expressed in this article the Attorney General’s functions, duties and rights shall be determined by this constitution and other laws. Answer: A goal or a principle in its most excellent or perfect form. (3) The Constitution Assembly will have the final say in the restructuring of the State. Question 4 Write a brief note on the struggle for freedom in Nepal. Arms management and monitoring: The other arrangements pertaining to the management and monitoring of the army and its arsenal shall be done in accordance with the �Broad Peace Deal� reached between the Government of Nepal and Nepal Communist Party (Maoist) on 5 Mangsir 2063 (21 November 2006) and the agreement regarding the �Management and Monitoring of the Army and its Arsenal� reached on 22 Mangsir 2006 (8 December 2006). Question 7. NOW THEREFORE DO hereby promulgate this INTERIM CONSTITUTION OF NEPAL, 2063 (2007), prepared through a political consensus enforceable until a new Constitution is framed by the Constituent Assembly in order to institutionalize the achievements of the revolution and movements till this date. Amendment of the Constitution: (1) The ordinance regarding the amendment or abolition of any Article of the Constitution may be presented at the Legislature- Parliament (2) The ordinance shall be deemed approved if the ordinance so presented at the Legislature-Parliament is ratified by at least two-thirds majority of the total number of members immediately present there. (4) The property of late King Birendra, Queen Aisharwa and other members of the family shall be brought under the control of the Government of Nepal, and a Trust shall be established to use the property for the benefit of the nation. (5) Consultation of the Public Service Commission should be taken for the application of general principles with regards to appointments and promotions in the army service, the armed police service or the police service or any other government service position. Number of cases reviewed by the Supreme Court. The remuneration and other conditions of service of the Chief Election Commissioner and the Election Commissioners shall not, so long as they hold office, be altered to their disadvantage. Q3. OLI resigned ahead of a no-confidence motion against him, and Parliament elected Communist Party of Nepal-Maoist (CPN-M) leader Pushpa Kamal DAHAL (aka "Prachanda") prime minister. Any person who has once held the office of Chief Justice or Justices of the Supreme Court shall not be eligible for appointment in any Government Service except for the post as provided by Sub-clause (a) of Clause (1) of Article 131, nor shall he be entitled to practise law before any office or court. If the office of the Chief Justice becomes vacant, or the Chief Justice is unable to carry out the duties of his office due to any reason, or he cannot be present in office due to a leave of absence or his being outside of Nepal, the senior-most Judge shall act as the Acting Chief Justice. 2) In addition to other points, the report pursuant to Clause (1) should also contain information such as details of exams conducted by the Public Service Commission throughout the year for recruiting applicants, details about the successful applicants, details about advice provided to various agencies, consultation provided as regards to departmental action and punishment of civil service employees, details regarding whether work was executed as advised, details as regards to any consultancy provided for the application of the general principle on matters such as appointment, promotion and departmental action for any government service post and the details of the reform of the civil service in the future. OLI resigned ahead of a no-confidence motion against him, and Parliament elected Communist Party of Nepal-Maoist (CPN-M) leader Pushpa Kamal DAHAL (aka "Prachanda") prime minister. Details of the implementation of a decision. However, this clause shall not be considered as an obstacle to perform any work for any political position or in any position in order to carry out investigation, inquires and examination on any matter or for appointment in any position to provide recommendation, suggestion and idea following study and research of such matter. 130. Canada Foundation for Nepal | 1101 B Falaise Rd Ottawa ON K2E6P9 | info@cffn.ca. Existing Legal Framework Right to information is primarily governed by the Interim Constitution 2007, Right to Information Act 2007, Right to Information Regulation 2009, Classification Guideline issued by the Classification Committee formed pursuant to Article 27 of the Right to Information Act. d. “bill” means a proposed law presented in the Constituent Assembly or the Management Council. (7) The Public Service Commission may delegate any of its functions, duties and powers to any of its members, a committee of such members or any employee of the Nepal Government, to be exercised and complied with subject to specified conditions. Further, Regulation on Right to Information was ratified and came to effect on Feb 9, 2009. Q2. 76 16)With centre T and radius TS draw a semi-circle on the upper portion of PNQ touching it at two points. In Nepal when did the interim constitution come into effect - 4030921 mythreya7325 mythreya7325 07.06.2018 Social Sciences Secondary School In Nepal when did the interim constitution come into effect 1 See answer mythreya7325 is waiting for your help. However, many are unhappy with the document, as the BBC's Charles Haviland explains. Notwithstanding anything contained elsewhere in this constitution, once the process of election for the Constituent Assembly has commenced no question shall be raised in any court that should disrupt the election. Such exam system and other procedures shall be as prescribed by law. In Nepal, when did the Interim Constitution come into effect? Formation of Commissions: The Government of Nepal may form necessary commissions to safeguard and promote the rights and interests of women, Daltis, indigenous communities, ethnic groups, Madhesi, physically impaired, labourers and 68 farmers including various regions of the country. Necessary legal arrangements shall be made to bring about gradual reform in the Constitutional Bodies and the officials thereof according to democratic norms and values. The cabinet meeting will also have to endorse the interim Constitution. The Council of Ministers, with the consensus of the political parties and by seeking the advice of the concerned committee of the Legislature-Parliament, shall formulate an extensive work plan for the democratization of the Nepali Army and implement it. 17)With centre T and radius TM draw an arc on the upper portion of PNQ touching at two points. 152. Join BD. The Chief Justice of the Supreme Court and permanent Judges of the Supreme Court who have worked minimum five years are entitled to pension after retirement from their service. 124. 64 Part 20 Provisions Regarding Army 144. 2) From A draw a line AC perpendicular to AB making AC equal to AB plus one third AB. The Prime Minister shall appoint the Chief Justice of the Supreme Court on the recommendation of the Constitutional Council, and the Chief Justice shall appoint other Judges of the Supreme Court on the recommendation of the Judicial Council. In the case of constitutional authorities who are impeached and removed from office upon passing a resolution on the ground of improper conduct, Judges removed by the Judicial Council on similar charges and people removed from office according to Army Act, after they are removed from offices an inquiry and investigation may be conducted or cause to be conducted against them as per the law. Constitution of Nepal. (2) This Constitution shall come into force on Friday the twenty-third day of the month of Kartik of the year 2047 Bikram Sambat (November 9, 1990). The constitution of Nepal is divided into 35 parts, 308 Articles and 9 Schedules. 160. Functions, Duties and Powers of the Election Commission: (1) The Election Commission shall, subject to the provisions of this Constitution and other laws, conduct, supervise, direct and control the elections to Constituent Assembly and Local Authorities and the referendum to be held pursuant to Article 157 of this constitution. 65 (6) The National Security Council shall systematize its own working procedures. (a) Peace and friendship, (b) Security and strategic alliance (c) The boundary of Nepal, and (d) Natural resources and the distribution of their uses Provided that out of the treaties and agreements referred in the sub-clauses (a) and (d), if any treaty or agreement is of ordinary nature and, which does not affect the nation extensively, seriously, or in the long-term, the ratification of, accession to, acceptance of or approval of such treaty or agreement may be done at a meeting by the simple majority of the members of the Legislature-Parliament present in the House. (3) The Election Commission may delegate any of its functions, duties and powers to the Chief Election Commissioner, a Commissioner or any employee of the Nepal Government to be exercised and complied with subject to specified conditions. Nepal adopted its new Constitution that came into effect from September 20, 2015. Short Title and Commencement: (1) This Constitution shall be called "The Interim Constitution of Nepal, 2063 (2007). 8) A person once appointed as the Public Service Commission Chairperson or member shall not be eligible for appointment in other government services. 140. Nepal's parliament has overwhelmingly approved a new constitution, which is due to come into effect on Sunday. The Judges of Appellate Court and District Court shall be removed from their office in the following situations: If he submits his written resignation before the Chief Justice. Nepal is about to adopt a new constitution, after nearly a decade of delay. c. “citizen” means the citizen of Nepal. 2. Among others, cross-dressing was also illegal under various laws against public immorality. The cabinet meeting will also have to endorse the interim Constitution. The national symbols of Nepal, according to the Interim Constitution, are: Animal: Bird: (Lophophorus) Flower: (Rhododendron arboreum) History. The composition, function, duty, rights and conditions of service will be determined by the Government of Nepal. The Chief Justice may send a judge of any Court on a deputation for a specified period to work as judge of another court of similar level taking into consideration the number of cases and subject matter of the cases to be resolved. Constitution of Civil Service: The Government of Nepal may, in order to run the administration of the country, constitute civil services and other necessary government services. The Supreme Court shall be a Court of Record. The remuneration and other conditions of service of the Auditor General shall not be revised to his disadvantage as long as he holds office. Constitution of Nepal 2015 is the present governing Constitution of Nepal. (b) The Chief Election Commissioner and other Election Commissioners may be removed from their offices on the same grounds and in the same manner as has been set forth for removal of a Judge of the Supreme Court. 12) Touching M and starting from O, a point on AC, draw a line from left to right parallel to AB. When did the Interim Constitution come into effect in Nepal? The Constitution of Nepal. Question 8. Of the total 409 Constituent Assembly seats, 205 will be elected directly and remaining will be elected through proportionate representation. 5) In addition to the accounts of the offices referred to in Clause (1) above, it can be provisioned through law that the accounts of any other office or institution be audited by the Auditor General. (6) The Public Service Commission may provide advice in response to a request from any Public Enterprise with regard to the application of general principles in relation to terms and conditions of service according to existing laws, and to appropriate action to be taken in regard to appointments and promotion. The Interim Government of Nepal Act In pursuance of Section 15 of Interim Government of Nepal, Third Amendment, Act, 2010, the Interim Govt. Ans. The provisions for the formation, functions, duties and powers of such commissions shall be as determined by the law. All shall abide by the orders and decisions made in the course of the hearing of a suit by courts. (2)In order to be eligible for appointment to constitutional positions under this Constitution, a person must either be a citizen of Nepal by descent or birth or be a naturalized citizen who has lived in Nepal for ten years. if he submits a written resignation to the Prime Minister. Ans. If the Legislative-Parliament passes a resolution of impeachment for removal. However, Articles 13, 14, 16, 17, 18, 20, 21, 22, 23, 26, 29, 30 and 31, and the rights to constitutional remedy and habeas corpus relating to such Articles shall not be suspended. A Constituent Assembly Court shall be constituted to look into the complaints regarding election. (3) The Council of Ministers shall control, mobilize and manage the Nepali Army in accordance with the law. Although some 31,000 rebels were in camps by late February, far fewer numbers of weapons had been sequestered. In Nepal, when did the Interim Constitution come into effect? A provisional constitution, interim constitution or transitional constitution is a constitution intended to serve during a transitional period until a permanent constitution is adopted. Four persons from amongst the reputed persons who have provided outstanding contribution in the field of protection and promotion of human rights or social work – Members 2. (2) All the consenting parties to the agreement reached on the 22nd day of Kartik 2063 BS; Nepali Congress, Nepal Communist Party (UML), Nepali Congress (Democratic), Jana Morcha, Nepal Sadhbhavana party (Anandidevi), Nepal Majdur Kishan party and United Left Front and Nepal Communist Party (Maoist) have all agreed to the forming of interim local self governments at the District, City and Village level. Ans. Schedule-1 75 (Relating to Article 5) NATIONAL FLAG (A) Method of Making the Shape inside the Border 1) On the lower portion of a crimson cloth draw a line AB of the required length from left to right. The Interim Constitution of Nepal was in effect from 2007 to 2015. 5) No person shall be eligible as the Auditor General unless he: – a) holds at least a Bachelor’s Degree in Management, Commerce or Accounts from a university recognized by the Nepal Government or has passed the Chartered Accountants� exam and has worked as a special class officer of the Nepal Government or has gained at least twenty years of experience in audit related work, b) is not a member of any political party immediately before the appointment; c) has attained forty five years of age, and d) possesses high moral character 6) The remuneration and other conditions of service of the Auditor General shall be as determined by law. From AC mark off D making line AD equal to line AB. (2) The Prime Minister shall perform all works pertaining to the governance and operation of the country. For these purposes, the Supreme Court may, with a view to imparting full justice and providing the appropriate remedy, issue appropriate orders and writs including the writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto. Before the unification, Nepal was ruled by various Kirats, Lichchavis, Thakuris and Mallas.
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