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The flaws of the constitution were:
The king could form and dissolve the council of ministers.
The principle of separation of power was not accepted.
The king used to amend the constitution though there was no provision for
amendments.
3. Constitution of the Kingdom of Nepal, 2015
This constitution was promulgated on Falgun 1, 2015 through the royal
proclamation of King Mahendra. It had 10 Parts, 77 Articles and 3 Schedules. The
Constitution Drafting Committee chairman was Bhagawati Prasad Singh. The
commission took the advice from British constitution expert Sir Ivor Jennings. It was
drafted in the British model and considered as democratic. Article 73 and 75 were
implemented immediately and the rest of the Articles were implemented on Asar 16,
2016.
It had the provision for voting rights of adults, bicameral parliament (Pratinidhi
Sabha and Mahasabha), cabinet responsible to the House of Representative
(Pratinidhi Sabha) provision of Fundamental Rights, Constitutional Organs,Public
Service Commission, Independent Judiciary, etc.
The flaws of the constitution were:
Active role of king in the constitution though constitutional Monarchy was
mentioned in the preamble.
Fundamental rights could be shattered by the Legislative.
Ordinances and directive were common.
4. The Constitution of Nepal 2019
The constitution was promulgated by king Mahendra on Poush 1, 2019. It was
drafted by a committee headed by Rishikesh Shah and this constitution was amended
three times on Magh 14, 2023, Mangshir 26, 2032 and Poush 1, 2037.
It had provision for fundamental rights, directive principles of Panchayat System,
Rastriya Panchayat, Supreme Court, Executive power vested in the king, Provision
of Hindu kingdom,citizenship based on descent and naturalized citizenship, provision
for constitution amendment and emergency.
The flaws of the constitution were:
Provision of partyless system mentioned in the preamble.
The Supreme Court was not considered as the final court that the king could
order to review the case.
The government to be responsible to the king rather to the people
Dynamic Social Studies - Book IX 148

