Constitutional and Human Rights Concepts in Nepal
1. What is a Constitution?
A constitution is the fundamental legal document that governs a state, defining the powers of the government and ensuring the rights of its citizens. It’s the supreme law in democracies because it reflects people’s sovereignty, structures state organs, ensures legal supremacy, and protects rights.
Why It’s the Fundamental Law:
- Derived from people’s sovereignty.
- Defines state structure and roles.
- Ensures political stability and limited government.
- Guarantees legal supremacy and fundamental rights.
Justification: Nepal’s Interim Constitution, 2063, Article 1 declares it the supreme law, with judicial review to nullify conflicting laws.
2. Constitutionalism
Constitutionalism is governance based on constitutional supremacy, rule of law, and limited government. It prevents authoritarianism and ensures accountability.
Importance:
- Provides a governance framework.
- Prevents authoritarianism and ensures accountability.
- Protects human rights and promotes good governance.
Types:
- Political: Democratic mechanisms like elections.
- Legal: Judicial oversight and constitutional supremacy.
Conclusion: Nepal has strong legal constitutionalism but needs to enhance political constitutionalism.
3. Human Rights in Nepal
Human rights are inherent, universal rights. Nepal’s Interim Constitution, 2063, guarantees 21 fundamental rights, supported by laws and institutions like the National Human Rights Commission.
Review:
- Strengths: Robust legal frameworks and active NGOs.
- Challenges: Political instability, weak implementation, social ignorance, and economic disparities.
Conclusion: Legal provisions are strong, but implementation needs improvement.
4. Nepal’s Interim Constitution, 2063
Enacted post-2006 People’s Movement, it transitioned Nepal to a federal democratic republic. It has 25 parts, 167 articles, and has been amended 12 times.
Key Features:
- People’s sovereignty and federal democratic republic.
- Secularism, inclusion, and 21 fundamental rights.
- Parliamentary oversight and press freedom.
5. Separation of Powers
Divides state power into executive, legislature, and judiciary to prevent authoritarianism. Nepal’s Interim Constitution, 2063, includes checks and balances.
Weaknesses:
- Weak legislative control over the executive.
- Executive dominance in judicial appointments.
- Political interference and vague provisions.
6. Positive Discrimination, Reservation, and Proportional Representation
Strengths of Proportional Representation:
- Inclusive and transparent.
- Prevents single-party dominance.
- Respects voter choice.
Weaknesses:
- Complex for uneducated voters.
- Risks government instability.
- Weak voter-representative connection.
