Nepal Constitution 2072 — 50 Most Important Loksewa Questions with Answers

Answer: The Constitution of Nepal 2072 lists 31 fundamental rights under Part 3, from Article 16 to Article 46. These rights cover civil liberties, social and economic rights, and cultural rights. This number is notably higher than the previous interim constitution, reflecting the inclusive aspirations of the new charter.

Answer: Article 18 guarantees the Right to Equality. It states that all citizens shall be equal before the law and that no person shall be denied equal protection of the law. It further prohibits discrimination based on origin, religion, race, caste, tribe, sex, economic condition, language, region, ideology, or similar grounds. This article also provides for special provisions (positive discrimination) for the protection, empowerment, or development of marginalized groups.

Answer: Article 17 guarantees the Right to Freedom. This includes freedom of opinion and expression, freedom to assemble peaceably and without arms, freedom to form political parties, freedom to form unions and associations, freedom to move and reside in any part of Nepal, and freedom to practice any profession, occupation, trade, or business. Each of these freedoms may be subject to reasonable restrictions imposed by law.

Answer: Article 24 provides the Right against Untouchability and Discrimination. It declares that no person shall be subjected to any form of untouchability or discrimination in any public or private place on grounds of origin, caste, tribe, community, profession, or physical condition. Any contravention of this provision is punishable by law, and the victim is entitled to compensation as provided by law.

Answer: Article 38 guarantees the Rights of Women under the Constitution of Nepal 2072. Key provisions include: (a) every woman has the right to lineage without gender-based discrimination, (b) every woman has the right to safe motherhood and reproductive health, (c) no woman shall be subjected to physical, mental, sexual, psychological, or any other form of violence, and (d) special opportunity in education, health, employment, and social security shall be provided to women. This article forms the basis of gender equality legislation in Nepal.

Answer: Article 31 guarantees the Right to Education. It provides that every citizen has the right to access basic education, every citizen has the right to receive free education up to the basic level and free and compulsory education as provided by law, and economically poor citizens have the right to receive free higher education as provided by law. Additionally, visually impaired citizens have the right to receive free education in Braille script.

Answer: Article 46 provides the Right to Constitutional Remedy. This is often considered the most important fundamental right because without it, all other rights would be unenforceable. Under this article, any citizen whose fundamental right has been violated or is likely to be violated may file a petition in the Supreme Court under Article 133 or in the High Court under Article 144 for the enforcement of such rights. The court may issue appropriate orders including habeas corpus, mandamus, certiorari, prohibition, and quo warranto.

Answer: Article 33 provides the Right to Employment. It states that every citizen has the right to employment, and the terms and conditions of employment and unemployment benefits shall be as provided by law. It also states that every citizen has the right to choose employment. This article is particularly relevant for Loksewa candidates as it forms the constitutional basis for public service recruitment through the Public Service Commission.

Answer: Article 42 guarantees the Right to Social Justice. It provides that socially backward women, Dalits, indigenous peoples (Adivasi Janajati), Madhesi, Tharu, minorities, persons with disabilities, marginalized communities, Muslims, backward classes, gender and sexual minorities, youth, farmers, laborers, the oppressed, and citizens of underdeveloped regions shall have the right to participate in state bodies on the basis of the principle of inclusion. This article is the constitutional foundation for the reservation and quota system in Nepal’s Public Service Commission.

Answer: Under Article 273, certain fundamental rights (except the right to habeas corpus and the right against preventive detention without grounds) may be suspended during a state of emergency proclaimed under Article 273. However, the right to life (Article 16), the right against torture (Article 22), and the right against untouchability (Article 24) cannot be suspended even during an emergency. The emergency proclamation must be approved by Parliament within one month, and it initially lasts for three months, extendable by six months at a time with parliamentary approval.

Answer: Fundamental Rights (Part 3) are judicially enforceable — a citizen can approach the courts if these rights are violated. Directive Principles (Part 4) are not judicially enforceable — they are guidelines for the state to follow while making laws and policies, but no citizen can file a case for their non-implementation. However, the Constitution states that the Directive Principles shall be implemented progressively by enacting appropriate legislation and policies. Both are essential for the overall welfare of citizens, but they differ fundamentally in legal enforceability.

Answer: Article 50 lists the Directive Principles, which include: (a) building a prosperous and affluent nation by transforming the national economy into a self-reliant and independent socialist-oriented system, (b) establishing a just system in all aspects of national life through rule of law, fundamental rights, human rights, and democratic values, (c) ensuring social and cultural solidarity among all communities while maintaining national unity, (d) creating conditions for inclusive democratic governance, and (e) resolving existing economic and social disparities in a progressive manner.

Answer: Under Article 51(h), the state’s education policies include: making education scientific, technical, vocational, and employment-oriented while making it accessible to all citizens; providing free and compulsory basic education; establishing a national university; and ensuring that education contributes to the overall national development. The policy also emphasizes making education available in the mother tongue and establishing educational institutions that promote inclusive access.

Answer: Under Article 51(g), the state’s policy regarding natural resources focuses on sustainable use of natural resources with priority given to the national interest. The policy includes ensuring equitable distribution of benefits from natural resources, conserving natural heritage and rare wildlife, preventing environmental damage, and pursuing a pollution-free environment. The principle of intergenerational equity guides these resource-management policies.

Answer: Under Article 51(j), the state shall pursue policies to empower the Dalit community, including: providing special provisions for education, health, housing, food security, and social security for Dalits; ensuring proportional representation and participation in all state bodies; providing land to landless Dalits; and making special provisions for the economic upliftment of the Dalit community. These directive principles complement the fundamental right against untouchability (Article 24).

Answer: Article 51(i) outlines the state’s policies on labor and employment, including: ensuring the right of every citizen to employment; establishing appropriate conditions of work, fair wages, and social security; prohibiting child labor; preventing exploitation of workers; establishing a social security fund for workers in the formal and informal sectors; and guaranteeing the right to form trade unions. These policies form the constitutional foundation for Nepal’s labor laws.

Answer: Under Article 51(m), the state’s international relations policy includes: conducting an independent foreign policy based on the Charter of the United Nations, non-alignment, the principles of Panchasheel (five principles of peaceful coexistence), international law, and the values of world peace. Nepal shall not make any treaty or agreement that compromises the sovereignty, territorial integrity, or national interest of Nepal. The state shall also pursue a policy of reviewing and renegotiating any treaties that are unequal.

Answer: Article 51(j) outlines comprehensive social justice policies. The state shall ensure proportional inclusion and participation of marginalized groups — including women, Dalits, Adivasi Janajati, Madhesi, Tharu, Muslims, backward classes, minorities, persons with disabilities, and people from underdeveloped regions — in all bodies of the state. These policies serve as the constitutional basis for inclusion-based reservations in public employment and education.

Answer: While Directive Principles are not directly judicially enforceable, they are not entirely without legal force. Article 54 states that the state shall follow these principles while making and enforcing laws. The Annual Report of the government must include an evaluation of the extent to which the Directive Principles have been implemented (Article 55). Additionally, the Supreme Court has on occasion referenced Directive Principles when interpreting fundamental rights, giving them indirect judicial relevance.

Answer: Article 48 lists the duties of citizens, including: safeguarding nationality, sovereignty, and integrity of Nepal; abiding by the Constitution and law; providing compulsory service when the state requires it; protecting and conserving public property; paying taxes in accordance with the law; and serving as a witness in judicial proceedings when called. While these duties are morally binding, specific legal enforcement mechanisms are established through separate legislation rather than through the Constitution itself.

Answer: Under Article 83, the Federal Parliament of Nepal is bicameral, consisting of two houses: (a) the House of Representatives (Pratinidhi Sabha) with 275 members — 165 elected from single-member constituencies through the first-past-the-post system and 110 elected through proportional representation; and (b) the National Assembly (Rastriya Sabha) with 59 members — 56 elected by an electoral college consisting of provincial assembly members and chairpersons/mayors of local bodies, and 3 nominated by the President on the recommendation of the Government of Nepal.

Answer: Under Article 85, the term of the House of Representatives is 5 years from the date of its first meeting. However, it can be dissolved earlier by the President on the recommendation of the Prime Minister. The National Assembly is a permanent house that is never dissolved. Members of the National Assembly serve for 6 years, with one-third of the members retiring every two years (Article 86). This staggered rotation ensures institutional continuity.

Answer: Under Article 70, the President is elected by an Electoral College consisting of members of the Federal Parliament and the Provincial Assemblies. To be eligible, a person must be a citizen of Nepal, must have reached at least 45 years of age, must not be ineligible under any law, and must be eligible to be elected as a member of the Federal Parliament. The President serves a term of 5 years and can be re-elected only once (Article 71). The President is the Head of State and represents national unity.

Answer: Under Article 109–113, a bill can be introduced in either house of the Federal Parliament, except for money bills, which can only be introduced in the House of Representatives. Once passed by one house, the bill is transmitted to the other house. If the second house passes it without amendment, the bill is presented to the President for assent. If the National Assembly proposes amendments or rejects the bill, a joint sitting of both houses may be called under Article 113. The bill is deemed passed if approved by a majority of the total members present in the joint sitting.

Answer: Under Article 76, the Prime Minister must be a member of the House of Representatives. The leader of the parliamentary party that commands a majority in the House of Representatives is appointed as the Prime Minister by the President. If no single party holds a majority, the President appoints as Prime Minister the member who can demonstrate the support of a majority through a coalition. The Prime Minister is the head of the executive branch at the federal level.

Answer: Under Article 129, the Chief Justice is appointed by the President on the recommendation of the Constitutional Council (Sambaidhanik Parishad). The Constitutional Council, as defined in Article 284, consists of the Prime Minister (Chairperson), Chief Justice, Speaker of the House of Representatives, Chairperson of the National Assembly, Leader of the Opposition in the House of Representatives, and Deputy Speaker of the House of Representatives. Other justices of the Supreme Court are appointed on the recommendation of the Judicial Council.

Answer: Under Article 133, the Supreme Court has: (a) Original jurisdiction to declare any law void if it contravenes the Constitution and to issue writs for the enforcement of fundamental rights; (b) Appellate jurisdiction to hear appeals from High Courts and other courts as provided by law; (c) Extraordinary jurisdiction under Article 133(2) to issue orders for the enforcement of fundamental rights and for any other matter of public interest or concern. The Supreme Court is also the court of record, and its decisions are binding on all courts and bodies.

Answer: Under Article 139, there shall be a High Court in each province of Nepal, making a total of 7 High Courts. Each High Court is headed by a Chief Judge and has other judges as prescribed by law. High Courts serve as the highest court within their respective provinces and have both original and appellate jurisdiction. They can issue habeas corpus, mandamus, certiorari, prohibition, and quo warranto writs within their territorial jurisdiction under Article 144.

Answer: Under Article 100, one-fourth of the total members of the House of Representatives may table a motion of no confidence against the Prime Minister. The motion must include the name of an alternative candidate for Prime Minister. If the motion is passed by a majority of the total members of the House, the Prime Minister must resign. A no-confidence motion cannot be tabled within two years of the Prime Minister’s appointment, and there cannot be more than one such motion in the same session.

Answer: Under Article 70, the Vice President is elected by the same Electoral College that elects the President. The Vice President acts as the President when the office of the President is vacant or when the President is absent or unable to perform duties (Article 73). The Constitution mandates that the President and the Vice President must belong to different genders or different communities, ensuring inclusivity at the highest level of the state. The Vice President serves a 5-year term.

Answer: Under Article 56 and Schedule 4, Nepal has 7 provinces. The Constitution originally designated them by number (Province 1 through Province 7). Subsequently, provinces have adopted their own names through their respective provincial assemblies: Koshi Province, Madhesh Province, Bagmati Province, Gandaki Province, Lumbini Province, Karnali Province, and Sudurpashchim Province. Each province has its own capital, government, provincial assembly, and Chief Minister.

Answer: Under Article 56, the three levels of government are: (a) Federal (Sanghiya) — the central government with authority over national defense, foreign affairs, currency, and other matters listed in Schedule 5; (b) Provincial (Provinceik) — the provincial government with authority over matters listed in Schedule 6; and (c) Local (Sthaniya) — the local government (municipalities and rural municipalities) with authority over matters listed in Schedule 8. Concurrent powers shared between federal and provincial governments are in Schedule 7, and those shared among all three levels are in Schedule 9.

Answer: The Constitution of Nepal 2072 has 9 schedules. Schedule 1 covers national items (flag, anthem, coat of arms); Schedule 2 covers the national anthem text; Schedule 3 covers the coat of arms; Schedule 4 lists the provinces and their districts; Schedule 5 lists the exclusive powers of the Federal government; Schedule 6 lists the exclusive powers of the Provincial governments; Schedule 7 lists the concurrent powers of the Federal and Provincial governments; Schedule 8 lists the exclusive powers of the Local level; and Schedule 9 lists the concurrent powers of all three levels of government.

Answer: Under Article 176, each Provincial Assembly consists of members elected through a combination of the first-past-the-post (FPTP) system and the proportional representation (PR) system. The total number of provincial assembly members varies by province. Approximately 60% are elected through FPTP from single-member constituencies and 40% through proportional representation. The total number across all 7 provinces is 550 members. Each Provincial Assembly has a term of 5 years.

Answer: Under Article 162, each province has a Chief of the Province (appointed by the President on the recommendation of the Federal Government) who serves as the ceremonial head. The Chief Minister is the head of the Provincial Executive and is the leader of the majority party or coalition in the Provincial Assembly (Article 168). The Chief Minister leads the Council of Ministers at the provincial level and is responsible for provincial governance, equivalent to the Prime Minister at the federal level.

Answer: Under Article 56(4) and subsequent articles, local-level bodies include: (a) Metropolitan Cities (Mahanagarpalika), (b) Sub-Metropolitan Cities (Upa-Mahanagarpalika), (c) Municipalities (Nagarpalika), and (d) Rural Municipalities (Gaunpalika). As of 2082, Nepal has a total of 753 local-level bodies — 6 metropolitan cities, 11 sub-metropolitan cities, 276 municipalities, and 460 rural municipalities. Each local body has a village or municipal assembly and an executive committee.

Answer: Schedule 5 lists 35 exclusive federal powers, including: national defense and security, foreign affairs and diplomacy, customs and excise duties, central banking and monetary policy, currency, international trade, civil and criminal laws, citizenship and passports, telecommunications and broadcasting, central-level judiciary, national transportation infrastructure (highways, railways, airways), and inter-provincial natural resources management. These subjects cannot be legislated upon by provincial or local governments.

Answer: Under Article 137, in case of a conflict between federal law and provincial law on matters listed in concurrent schedules (Schedule 7 and 9), the federal law shall prevail and the provincial law shall be void to the extent of the inconsistency. For disputes regarding the exercise of powers, the matter may be referred to the Constitutional Bench of the Supreme Court (Article 137), which has exclusive jurisdiction to interpret constitutional provisions regarding federal-provincial power distribution.

Answer: Under Article 274, provincial boundaries can be altered by a federal law enacted by a two-thirds majority of the total members of each house of the Federal Parliament. Before passing such a law, the consent of the concerned Provincial Assembly must also be obtained through a two-thirds majority resolution. A Boundary Commission may be formed to make recommendations regarding boundary changes. This high threshold ensures that provincial boundaries are stable and cannot be changed through simple political maneuvering.

Answer: Under Article 250, the National Natural Resources and Fiscal Commission is responsible for: (a) determining the basis and modality for distribution of revenue from natural resources between the federal, provincial, and local governments; (b) recommending the basis and formula for equalization grants and conditional grants; (c) analyzing the macroeconomic indicators of the country and providing recommendations on fiscal policy; and (d) examining the revenue sharing arrangement between the three tiers of government. This commission plays a critical role in ensuring fiscal federalism works equitably.

Answer: The Constitution establishes the following major constitutional bodies: (a) Commission for the Investigation of Abuse of Authority (CIAA) — Article 238, (b) Auditor General — Article 240, (c) Public Service Commission (Public Service Commission) — Article 242, (d) National Human Rights Commission — Article 248, (e) National Natural Resources and Fiscal Commission — Article 250, (f) National Women Commission — Article 252, (g) National Dalit Commission — Article 255, (h) National Inclusion Commission — Article 258, (i) Adivasi Janajati Commission — Article 261, (j) Madhesi Commission — Article 262, (k) Tharu Commission — Article 263, and (l) Muslim Commission — Article 264.

Answer: Under Article 242, the Public Service Commission consists of a Chairperson and other members as determined by law, appointed by the President on the recommendation of the Constitutional Council. Its primary functions under Article 243 include: conducting examinations for the selection of suitable candidates for civil service appointments, advising the Government on matters relating to service conditions, conducting departmental examinations, and advising on promotions and transfers. The Commission is the sole constitutional authority responsible for recruiting government employees on the basis of merit and open competition.

Answer: Under Article 238, the CIAA is the principal anti-corruption constitutional body of Nepal. It consists of a Chief Commissioner and other commissioners as determined by law. Its powers under Article 239 include: investigating and prosecuting cases of corruption and improper conduct against any public official (except the President, Vice President, Chief Justice, Speaker, and Chairperson of the National Assembly while in office); initiating departmental action recommendations; and filing cases in the Special Court. The CIAA operates independently and no government authority can direct or influence its investigations.

Answer: Under Article 240, the Auditor General is responsible for auditing the accounts of all government offices at federal, provincial, and local levels. The Auditor General is appointed by the President on the recommendation of the Constitutional Council. Under Article 241, the Auditor General audits whether public funds have been spent in accordance with the law and for the intended purposes, and submits an annual audit report to the President, who then places it before the Federal Parliament. The Auditor General also audits constitutional bodies, courts, and any body or institution funded by the government.

Answer: Under Article 248–249, the National Human Rights Commission is responsible for: (a) ensuring the respect, protection, and promotion of human rights; (b) investigating complaints of human rights violations; (c) recommending legal actions against human rights violators; (d) recommending compensation for victims of human rights violations; (e) monitoring whether Nepal’s human rights obligations under international treaties are being fulfilled; and (f) publishing periodic reports on the state of human rights. The Commission can investigate any case of human rights violation, whether the complaint is filed by the victim or on its own initiative (suo motu).

Answer: Under Article 245, the Election Commission consists of a Chief Election Commissioner and four other Election Commissioners, appointed by the President on the recommendation of the Constitutional Council. Its primary functions under Article 246 include: conducting, supervising, directing, and controlling elections to the Federal Parliament, Provincial Assemblies, and local bodies; preparing and updating voter rolls; delimiting constituencies; registering political parties; enforcing the election code of conduct; and settling election-related disputes (except those falling under the jurisdiction of the courts). The Commission operates independently to ensure free and fair elections.

Answer: Under Article 252–254, the National Women Commission is a constitutional body established to protect and promote the rights and interests of women. Its functions include: formulating policies for the advancement of women, advising the government on gender-related issues, monitoring the implementation of international treaties and national laws related to women’s rights, investigating complaints of violations of women’s rights, and recommending legal action. The Commission is headed by a Chairperson and includes other members, all appointed by the President on the recommendation of the Constitutional Council.

Answer: Under Article 284, the Constitutional Council (Sambaidhanik Parishad) is a recommending body that advises the President on key constitutional appointments. Its members are: (a) the Prime Minister (Chairperson), (b) the Chief Justice, (c) the Speaker of the House of Representatives, (d) the Chairperson of the National Assembly, (e) the Leader of the Opposition in the House of Representatives, and (f) the Deputy Speaker of the House of Representatives. The Council recommends appointments of the Chief Justice, heads of constitutional bodies, ambassadors, and other positions as specified in the Constitution.

Answer: Under Article 255–257, the National Dalit Commission was established to protect and promote the rights of the Dalit community, which has historically faced caste-based discrimination and untouchability. Its functions include: studying and monitoring the overall status of the Dalit community; recommending policies for social inclusion and empowerment; investigating complaints of caste-based discrimination; ensuring effective implementation of laws against untouchability; and advising the government on reservation policies for Dalits in education, employment, and other sectors. The Commission consists of a Chairperson and members appointed by the President on the recommendation of the Constitutional Council.

Answer: Under Article 274, a bill to amend the Constitution may be introduced in either house of the Federal Parliament. The amendment bill must be passed by a two-thirds majority of the total members of each house. If the amendment affects provincial boundaries, the consent of the concerned Provincial Assembly (through a two-thirds majority) is also required. Certain fundamental provisions — including sovereignty, territorial integrity, the republican form of government, federalism, secularism, and judicial independence — are considered the basic structure and cannot be altered in a manner that would negate these core principles. The President must assent to the amendment bill within 30 days.