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Lesson      Constitutional Development in Nepal
          5.2



                          FACTS        Within a short span of time Nepal promulgated
                        to Understand  Seven Constitutions. The constitution of Nepal
                                       2072 is supposed to be the most inclusive and
                                       best constitution written so far.

          The history of constitutional development in Nepal is not so long. The first written
          constitution was promulgated during the Rana regime. Rana Prime Minister Padma
          Shumsher  drafted” Nepal Government  Legal Act BS  2004 (Baidhanik Kanun  )  in
          BS 2004.  It was followed  by the Nepal Interim Government  Act BS 2007. Within
          hardly seven decades, seven different constitutions have been announced so far in
          Nepal. The seventh constitution is fully inclusive and based on popular will. It is
          truly a democratic constitution which  guaranteed 31 fundamental rights. It also
          introduced various commissions like Dalit Commission, Tharu Commission, Women
          Commission, Muslim Commission, etc. to include all the minorities, underprivileged
          class, marginalized class in the main stream.

          The following paragraphs briefly describe the constitutional development:
          1.  Nepal Government Legal Act (Baidhanik Kanoon), BS 2004

               It is first constitution of Nepal drafted by Rana Prime minister Padma Shumsher
               th
          on  13  Magh 2004. This  constitution had 6 Parts,  68 Articles  and 1 Schedule.  It
          made provisions for fundamental rights and duties,Council of Ministers, Courtiers'
          Assembly, Bicameral Parliament, Public Service Commission, Auditor General, Free
          Compulsory Primary Education, etc. It was supposed to implement after deliberation
              st
          on 1  Baisakh 2005 but Padma Shumsher was forced to resign and the constitution
          was not implemented.
          The flaws or weaknesses of the constitution were:

               No bound to the principle of power extension
               No provision of power for the state head or king but the king could form and
               dissolve the cabinet.
               No provision for adult franchise and election of legislature
          2.  Nepal Interim Government Act, BS 2007

               This constitution was promulgated on Chaitra 17, 2007 after the end of autocratic
          Rana regime and was implemented from Chaitra 29, 2007. It was promulgated by
          king for the first time. It had 7 Parts, 73 Articles and 1 Schedule. This constitution
          was amended 8 times.
          It made the provision for the executive power vested to the king and Council of
          Ministers, directive principles and polices of the state, council of ministers, economic
          procedure, etc. It also gave provision of the Supreme Court and High Court.
                                                 147                    Dynamic Social Studies - Book IX
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