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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

