INTERIM CONSTITUTION OF FEDERAL DEMOCRATIC REPUBLIC OF NEPAL, 2063 Preamble
Whereas, we consider it an historical necessity to institutionalize a full democratic republican state system by bringing to an end the feudal monarchic state in consonance with the mandate of the armed and unarmed democratic movements against the autocratic monarchical centralized feudal system launched by the Nepali people since 1950 A. D. and specifically, the historical Peoples Movement launched to institutionalize a republican system in April 2006 on the foundation of the Peoples War launched since 1996 by the CPN (Maoist) as well as with the support of the 12-point understanding between the political parties and the Maoist; And whereas, we are fully committed to preservation and promotion of the countrys sovereignty, independence and territorial integrity; And whereas, we have a strong conviction that the Nepali people are the only source of all powers of the State; And whereas, we realize the necessity to have a forward-looking restructuring of the state and society in a way to address on a long-term basis the problems of the countrys majority of the exploited and oppressed class, nationalities, regions, gender and community; And whereas, we are aware of the fact that, based on the right to self-determination and the policy of autonomous rule of various oppressed nationalities and regions in the hills, valleys and the plains, a federal system with Nepali specificities has to be established by bringing to an end the old unitary structure; Therefore, we sovereign Nepalese people, through a broad national political convention of the democratic revolutionary forces, hereby annul the existing Constitution of the Kingdom of Nepal 1990 and promulgate and enforce the Interim Constitution of the Federal Democratic Republic of Nepal 2006 for the period until another democratic constitution is created through an elected Constituent Assembly with proportionate and inclusive representation of all classes, nationalities, regions, gender and communities. Part 1 Directive Principles of the State 1. A state system of democratic republic shall be established by bringing to an end all the remnants of monarchy and feudal autocracy. 2. There shall be full commitment to the universally accepted norms and values like a multiparty competitive system, adult franchise, periodic elections, rule of law, human rights, fundamental rights etc. 3. Democratic norms and values shall be established in all political, economic, social and cultural sectors by bringing to an end feudal and imperialist exploitation-oppression in all forms. 4. A federal system with Nepali specificities shall be established on the basis of the rights to self-determination and autonomous rule of the oppressed nationalities and regions by bringing to an end the feudal autocratic system based on Arya-Khasa upper caste chauvinism. 5. The State shall be fully secular. 6. All types of feudal land relations existing in agriculture, on which are dependent a large majority of people, shall be abolished, and a progressive land reforms program based on the principle of land to the tillers' shall be implemented. 7. The State shall make special arrangements for workers, peasants, landless squatters, kamaiyas (bonded-laborers), tillers and herdsmen etc. 8. A policy of rapid and widespread national industrialization shall be adopted, and the State shall formulate and implement necessary financial policies and laws for the protection of national industrialists and business community. 9. Bilateral relations shall be established with all countries on the basis of the principles of Panchsheel, and special efforts shall be made to maintain balanced and cordial relations with the two principal neighbors, India and China. 10. All unequal treaties and agreements of the past shall be annulled, and new treaties and agreements based on equality and mutual interest shall be made. 11. The State shall make necessary arrangements for proper respect of those who achieved martyrdom in course of the ten-year Peoples War and Peoples Movement. Investigations shall be launched to look for those disappeared during that time and the guilty shall be punished duly. The State shall make special arrangements for the security and facility of the martyr families, the families of the disappeared and the injured as well as the maimed. 12. The State shall provide protection to the elderly citizens, the destitute, the physically disabled and those suffering from chronic diseases. Part 2 Citizenship 1. Every Nepali citizen shall have the rights to citizenship, and no one shall be deprived of the rights without proper reasons. 2. The descendents may be able to acquire the citizenship in the name of either of their parents. 3. Constituting a high level Citizenship Commission, citizenship certificates in recommendation of an all-party committee at the local level shall immediately be distributed, before the Constituent Assembly elections, to the people who have been living in Nepal for a long time but have been deprived of the citizenship, particularly in Madesh. 4. Other provisions relating to acquisition and termination of citizenship shall be as determined by laws. Part 3 Fundamental Rights and Duties 1. Fundamental Rights i. All citizens shall be equal before the law. No discrimination shall be made against any citizen on the grounds of ethnicity, class, gender, region, language, culture and ideology or conviction. ii. Every citizen shall have freedom to express and publish opinions, establish associations and organizations, elect representatives and be elected, move across the country, assemble and carry on any occupation. No person shall be deprived of their personal liberty save in accordance with the law. iii. Education, health, shelter and employment shall be the birthrights of every citizen. iv. Every citizen shall have the right against untouchability, social discrimination and exploitation. v. Patriarchal exploitation of women in all forms shall end. Daughter shall have equal rights to parental property at par with son. Women shall be entitled full freedom in the issues of marriage, sale and purchase of properties, divorce or conception or abortion of pregnancy. Special rights shall be guaranteed for women in all sectors including their representation in state bodies. vi. All types of exploitation-oppression including untouchability of the Dalits shall end, and special rights shall be ensured for the Dalits in all sectors. vii. The bona-fide tiller peasants shall have the right over land. viii. Laborers and workers shall possess the right to put demands against any type of discrimination and oppression, engage in collective bargaining and go on strike. ix. Everyone shall possess the right to acquire education and to conduct official works in their respective mother language. x. Every citizen shall have the right to use their property. But no one shall be allowed to keep property above the limit fixed by law. xi. Every citizen shall be free to follow or not to follow religion as per their conviction. xii. The local people shall have primary right over local natural resources, including water, land, forests, mines etc. xiii. Every citizen shall have the right to effective legal treatment from able courts of law for the assertion of their rights. 2. Duties i. Every citizen shall have to abide by the constitution and laws. ii. They shall have to protect the States property. iii. They shall have to enlist in the army and work as demanded by the State for the defence of the country. Part 4 Interim Legislature 1. There shall be an all-powerful Interim Legislature in Nepal. The countrys legislative powers to be used as per this Constitution and the laws made under this Constitution shall be vested in this Interim Legislature. 2. A broad National Political Convention shall constitute the Interim Legislature for the interim period. Participation in the Convention and its criteria shall be finalized through negotiation between the CPN (Maoist) and the Seven Political Parties. 3. The broad National Political Convention shall constitute an Interim Legislature as follows: a) One third representatives from the Seven Political Parties, totalling 101 b) One third representatives from the CPN (Maoist), totalling 101 c) One third representatives from civil society, professional organizations and special personalities of the country who participated in the Democratic Movement, totaling 101. Their selection shall be made through mutual understanding between the Seven Political Parties and the CPN (Maoist). While selecting representatives, attention shall have to be given to proper inclusion of class, nationalities, regions, gender and other communities. In this way, the total number of members in the Interim Legislature shall be 303. 4. The reinstated House of Representatives shall be dissolved on the day this Constitution comes into force, and all the powers being hitherto exercised by the House of Representatives shall, pursuant to this Constitution, be exercised by the Interim Legislature. 5. The Interim Legislature shall be the States supreme body during the interim period. It shall execute all necessary works relating to formation of the Council of Ministers, elections to constitutional posts, formulation of, amendment to and annulment of laws, foreign relations and approval of treaties and agreements, declaration of war and peace, budget endorsement, elections to the Constituent Assembly etc. 6. The Interim Legislature, in its first meeting, shall elect a Chairperson and a Deputy Chairperson. 7. The Interim Legislature shall pass ordinary decisions with simple majority while the issues of national interest that have long-term impacts shall be decided by two-third majority or through a referendum. Its process shall be as determined. 8. The tenure of the Interim Legislature shall be until the formation of the elected Constituent Assembly. 9. If a post in the Interim Legislature falls vacant before its tenure expires, the vacancy shall be filled for the remaining period. While filling the vacant post, it shall be done on the basis of the same representation. Part 5 Interim Government 1. The Interim Legislature shall constitute a Council of Ministers under the leadership of Prime Minister to work as an Interim Government. Executive powers of Nepal shall be vested in the Interim Government or the Council of Ministers. The Council of Ministers shall exercise all executive powers to run day-to-day administration. The Council of Ministers shall be fully accountable to the Interim Legislature. 2. The Prime Minister of the Interim Government shall form a Cabinet and divide portfolios on the basis of the same representation as in the Interim Legislature. The number of members of the Council of Ministers shall not exceed one tenth of the number of members of the Interim Legislature. Part 6 Interim Court 1. All judicial works during the interim period shall be conducted by the Supreme Court and its subordinate courts as well as Peoples Courts established and being operated in rural areas. 2. Judges at every level shall be appointed after approval by the Interim Legislature or a peoples representative body of the same level. The incumbent judges shall remain in office only if the Interim Legislature endorses them. Otherwise, they shall be relieved of the post. 3. Judges at every level shall be institutionally accountable to the peoples representative body of their own level and to the Chief Justice regarding their day-to-day office work. Part 7 Interim Security Provision 1. Nepali Army and the Peoples Liberation Army shall, during the time of elections to the Constituent Assembly in the interim period as per the 12-point understanding and the 8-point agreement, be limited within their respective barracks and camps, and they will be monitored by reliable national and international teams. 2. Both the armies shall be under the Interim Legislature and the Interim Government, and the Prime Minister shall be the Supreme Commander of both of them. 3. For internal security provision as well as for monitoring, control and mobilization of both the armies, there shall be a high level Military Commission whose formation and number of members shall be finalized through agreement between the seven political parties and the CPN (Maoist). The Military Commission shall have a chairperson who shall be appointed by the Interim Legislature. 4. Necessary measures shall be taken during the interim period for timely democratization of the Nepali Army that has traditionally been loyal to the monarchy. Its concrete structure and procedure shall be finalized by the Military Commission. 5. A militia shall be created with mutual agreement between the two sides in order to regulate the States legal provisions during the interim period and to manage the elections to the Constituent Assembly. The Prime Minister shall mobilize the militia. 6. After the Constituent Assembly elections, a new national army shall be created on the basis of the elections result through mutual agreement. Part 8 Constitutional Bodies The Interim Legislature shall formulate constitutional bodies like Election Commission, Financial Control and Discipline Commission, Public Service Commission etc. that are essential in a democratic system, and appoint commissioners who shall be accountable to the Interim Legislature. Part 9 Head of the State During the interim period when monarchy has come to an end and an elected Constituent Assembly is yet to make an alternative provision, the Chairperson of the Interim Legislature shall act as the Head of the State. Part 10 Autonomous Republic and Local Bodies 1. In line with a new federal structure, the country shall be divided into nine autonomous republic states namely Kirant Republic, Madhesh Republic, Tamang Republic, Newa Republic, Tamuwan Republic, Magarat Republic, Tharuwan Republic, Bheri-Karnali Republic and Seti-Mahakali Republic, and in each of them, an interim autonomous republic government shall be formed. The formation of the interim autonomous republic governments shall be based on an agreement between the seven political parties and the CPN (Maoist) of the concerned states. 2. The formation of interim local governments in the districts, villages as well as municipalities of the autonomous republic states shall be as agreed between the seven political parties and the CPN (Maoist) of the concerned states and districts. 3. Following the formation of interim governments in the autonomous states and local bodies, the peoples government operated by the CPN (Maoist) shall be dissolved. Part 11 Constituent Assembly 1. As decided by the Interim Government, the elections to the Constituent Assembly shall be held within a year from the date of enforcement of this Constitution. 2. Ensuring inclusive and proportionate representation, the Constituent Assembly shall have a total of 225 members, including ten each from the nine autonomous republic states totalling 90, 125 directly elected with one seat equivalent to 200,000 people as well as ten nominated from among experts and the endangered and marginalized ethnic groups. 3. Women, oppressed nationalities, dalits, the disabled etc. shall be included in the Constituent Assembly in proportion to their population. 4. The Constituent Assembly shall draft a new constitution within a year. Part 12 Miscellaneous 1. Important political, economic, and social issues of the country shall be decided through referendum. 2. The treaties and agreements with foreign countries relating to the sharing of natural resources or those that have severe long-term impacts on the country shall be endorsed only through a two-third majority of the Legislature or a referendum. 3. The provisions in this Interim Constitution shall be enacted as stated in it and those that are not stated in it shall be enacted as per the decisions of the Interim Legislature and the Interim Government formed pursuant to this Constitution. 4. The Interim Government shall enforce this Constitution after having it endorsed by the Legislature pursuant to this Constitution. _______________________________________________ Marxist-Leninist-List mailing list Marxist-Leninist-List@lists.econ.utah.edu To change your options or unsubscribe go to: http://lists.econ.utah.edu/mailman/listinfo/marxist-leninist-list
