Nepal’s 2015 Constitution: Loksewa Law Officer Exam Guide

Nepal’s current constitution, adopted in September 2015 (B.S. 2072), is the country’s first republican constitution. It came into effect on 20 September 2015, replacing the interim constitution (2007) and ending the monarchy. The preamble declares that “we, the sovereign people of Nepal,” have enacted this charter. Nepal is defined as an “independent, indivisible, sovereign, secular, inclusive, [and] socialism-oriented federal democratic republican state.” This language (Article 4) underlines Nepal’s new identity as a federal democratic republic, committed to democracy, social justice, and pluralism.

The 2015 Constitution is Nepal’s fundamental law, divided into 35 Parts, 308 Articles and 9 Schedules. It lays out the basic principles of the state, the rights and duties of citizens, the structure of government at all levels, and independent institutions. The document is organized roughly as follows: Part 1–4 cover fundamental principles (state identity, citizenship, fundamental rights and duties, and directive principles). Parts 5–20 define the structure and powers of government at the Federal, Provincial, and Local levels (executive, legislatures, finance, judiciary, and intergovernment relations). Parts 21–28 establish various independent constitutional bodies (like the Commission for Investigation of Abuse of Authority, Auditor General, Public Service Commission, Election Commission, Human Rights Commission, etc.) and the security apparatus. The later Parts deal with political party rules, emergency powers, the amendment process, and transitional arrangements. (For example, Part 29 covers political parties; Part 30 covers emergency powers; Part 31 covers how the constitution can be amended; Parts 33–35 include transitional provisions, definitions, and the short title.)

In simple terms, the constitution lays out who runs the government and how, what rights people have, and how power is shared in the federation. Importantly, it separates powers among three levels of government (Federal, Provincial, and Local) and three branches (Legislative, Executive, Judiciary), and it enshrines a wide range of rights and duties for citizens. Below we summarize the structure and key features in more detail, highlighting their practical impact on governance, federalism, rule of law, human rights, and the civil service.

1. Foundations: Sovereignty, Secularism, and Democracy

Under the 2015 Constitution, sovereignty lies with the people. The Constitution’s preamble and Part I emphasize that all power and state authority derive from the people. Nepal is explicitly described as “independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented federal democratic republican.” In practice, this means:

• Federal Republic: Nepal has no king or queen. It is a republic with an elected President as head of state (largely ceremonial) and a Prime Minister as head of government (Article 71–72). This shift from monarchy to republic ended centuries of kingship and marked a major change in Nepal’s governance.
• Secularism: Unlike the previous Hindu monarchy, Nepal is officially secular. Article 4 clarifies that secularism means protection of all religions and cultures, and freedom of faith. Every person is free to practice their religion, subject only to public order and morality (Article 26). This change was significant for a country with diverse faiths.
• Multi-Party Democracy: The constitution commits Nepal to a competitive multi-party political system. It guarantees fundamental liberties such as free speech, assembly, and press. It also requires free and fair periodic elections. Article 17 guarantees a multi-party system.

These principles guide the entire document. For example, under Rule of Law, the Constitution states that everyone is equal before the law: “All citizens shall be equal before law. No person shall be denied the equal protection of law. No discrimination shall be made…on grounds of origin, religion, race, caste, sex, physical condition, health, language or similar other grounds.” In other words, by law Nepalese people have the same rights and protections, regardless of their background.

2. Fundamental Rights and Duties

One of the most important sections for citizens is Part III: Fundamental Rights and Duties. Nepal’s constitution guarantees an extensive list of rights – civil, political, and socio-economic – to protect the dignity and development of its people. In total there are 31 Fundamental Rights (including rights of specific groups) enumerated in this part. Key examples include:

• Civil/Political Rights: These include the right to life with dignity; right to equality before law; freedom of speech and expression; freedom of assembly, association, movement; privacy; right to information; right to justice; and right against exploitation (e.g. prohibition of torture, slavery, etc.). These rights ensure a democratic political space and protect individuals from abuse of power.
• Economic/Social Rights: The constitution also assures economic and social rights to improve quality of life. For example, it provides for the right to education, including free basic education through secondary school; the right to health care; right to food and clean water; right to housing; right to clean environment; right to employment and fair labor conditions. These are notably broad guarantees – Nepal is one of the few constitutions in the region with explicit rights to employment, housing and free education.
• Rights of Specific Groups: The constitution explicitly protects the rights of women, children, Dalits, indigenous communities, minorities, senior citizens, and persons with disabilities. For instance, Article 38 grants women equal rights in family matters and special provisions for safe motherhood and protection against violence. It also mandates that women must have at least one-third representation in any legislative body. Article 39 protects children’s rights (education, protection from labor and abuse). Articles addressing Dalit rights and general social justice require proportional representation of marginalized communities in state structures. These provisions aim to overcome Nepal’s historical social inequalities.
• Right to Constitutional Remedy: Crucially, the constitution entitles citizens to approach the Supreme Court to enforce their fundamental rights. Article 133 gives “right to constitutional remedy” – meaning a person can petition the Court if any constitutional right is violated. This makes the Supreme Court a guardian of these rights and underpins the rule of law.

Each right is subject to reasonable restrictions in the public interest, but the state is obliged to “make provisions for the implementation of these rights” as needed. Article 46 directs the state to implement new laws within three years to give effect to socio-economic rights. This broad rights catalogue has practical impact: for example, it has allowed people to demand free education and health services, or to legally challenge discrimination. Rights like clean environment have led to court cases against pollution. Over time, citizens and courts have used these rights to hold the state accountable.

Citizen Duties: Alongside rights, Part III also lists citizen duties (Article 50). Every citizen must protect Nepal’s sovereignty, uphold the constitution and law, perform national service if needed, and protect public property. These reciprocal obligations emphasize that citizens too share responsibility for the nation.

3. Directive Principles and State Policies

Part IV lays down Directive Principles, Policies and Responsibilities of the State. These are non-justiciable guidelines that inform governance. They outline the state’s goals in politics, society, economy, and international relations. Key points include:

• Political Objective: Directive principles call for strengthening a “federal democratic republican system” that respects sovereignty, freedom, equality and rule of law. They insist on gender equality, proportional inclusion of all groups, and local autonomy. This enshrines mutual cooperation among federal units and local self-governance.
• Social and Cultural Objectives: The constitution calls for an egalitarian society with no discrimination based on religion, culture or tradition, and it respects Nepal’s cultural diversity and traditions while promoting national unity.
• Economic Objective: It directs the economy toward “socialism-oriented” independent development, with equitable distribution of resources and cooperation among public, private, and cooperative sectors. The aim is to reduce exploitation and economic inequality.
• Policies: Part IV spells out state policies such as safeguarding national security, ensuring internal order, promoting social welfare programs, protecting rights of workers and farmers, encouraging scientific progress, and strengthening international relations based on sovereignty and equality.

While these principles are not enforceable by courts, they guide legislators and the government. In practical terms, they commit the state to pursue inclusive development and good governance. For example, the emphasis on “proportional inclusion” has led to laws and policies requiring disadvantaged groups to have fair share in government jobs, education quotas, etc. The economic directives encourage laws for land reform and worker protections.

4. Federalism and Distribution of Power

One of the Constitution’s most transformative features is federalism. Nepal moved from a unitary state to a three-tier federal system. The Constitution created:

• the Federal (Central) Government, based in Kathmandu;
• seven Provincial Governments, each with its own capital and Assembly; and
• 753 Local Governments (municipalities and village bodies).

The constitution defines the powers of each tier through schedules. For example:

• Schedule 5 lists exclusive federal powers (e.g. defense, foreign affairs, currency, immigration, higher education).
• Schedule 6 lists exclusive provincial powers (e.g. public health, irrigation, agriculture, state police, provincial roads).
• Schedule 7 lists concurrent powers (e.g. infrastructure, electricity, industrial policy).
• Other schedules cover residual powers and transitional arrangements.

In practice, this means provinces and local units can now legislate and budget on many subjects previously managed centrally. For instance, provinces now run health services, manage local irrigation and roads, and shape education at their level. Local municipalities handle basic services like local roads, schools, sanitation, market centers, and so on.

The constitution even guarantees representation of provinces and locals in federal bodies, and joint mechanisms for coordination. This restructuring is historic. The impact on governance is huge: decision-making is now meant to be closer to citizens. A village can now pass by-laws on local schools or water supply, instead of waiting on Kathmandu. Local governments now collect some local taxes and can issue budgets for local development projects. Practically, this aims to improve accountability and efficiency — officials are closer to the people affected by their decisions.

However, federalism also brings challenges of coordination. The Constitution itself acknowledges potential overlaps and calls for cooperation. New provincial assemblies and local councils had to be elected (the first provincial elections were held in 2017–18). Now, provinces can make laws on their lists of subjects (as long as they don’t contradict federal law). The federal government must consult provinces for policies affecting them. For example, any constitutional amendment affecting provincial borders requires each province’s consent.

In the civil service, federalism led to the creation of parallel services at each level. Every province and local unit has its own administrative setup and Public Service Commission (Article 244: “Each State shall have a State Public Service Commission”). This ensures that local bureaucrats are hired and managed at the provincial or municipal level, rather than being centrally appointed. In sum, the constitution’s federal structure is now actually operating: provinces have become important actors in policy and budget, and local governments are responsible for frontline services.

5. Separation of Powers: Government Branches

The Constitution carefully divides state power among the legislative, executive and judicial branches:

• Legislative (Parliament): The Federal Parliament is bicameral, consisting of the House of Representatives (lower house) and National Assembly (upper house) (Part 8, Articles 83–122). The House of Representatives (HR) has 275 members, 165 elected by first-past-the-post and 110 by proportional vote. The National Assembly has 59 members (56 elected by an electoral college, 3 appointed by the President). Members enjoy constitutional immunities, and Parliament makes laws on federal subjects. Bills affecting provinces must be referred to the provincial assemblies for consent as required.
• Executive: At the Federal level, the President is the head of state (elected by parliament and provincial representatives) and appoints the Prime Minister, who is the head of government. The Council of Ministers (cabinet) runs day-to-day governance (Part 7, Articles 74–84). The Prime Minister must command the confidence of the House. The President also has limited powers like declaring emergencies and granting pardons. At the Provincial level, each province has a Governor (appointed by President) and a Chief Minister who leads the provincial council of ministers. Local governments have their own executive committees headed by elected officials.
• Judiciary: Article 133 guarantees a single independent judiciary. At the top is the Supreme Court (Part 11, Articles 127–133), headed by the Chief Justice (appointed by the President on the Constitutional Council’s recommendation). Beneath it are High Courts (one for each province) and District Courts. The Supreme Court has original jurisdiction in constitutional cases and final appellate jurisdiction. Crucially, the Constitution explicitly binds all to respect judicial independence and the rule of law. The judiciary can review any act against the constitution.

This separation ensures a rule of law framework. No branch is all-powerful. Parliament makes laws but the President must assent to them, and courts can strike them down if unconstitutional. The Constitution itself is Supreme (Article 308) — no law or act can override it. In practical terms, this means if, say, a law violates equality provisions or fundamental freedoms, courts can nullify that law. The constitution’s supremacy and judicial review mechanism are key to good governance and protecting citizens’ rights.

6. Independent Bodies and Accountability

The Constitution establishes several high-level institutions to ensure accountability and good governance:

• Public Service Commission (PSC): Article 242 creates a federal PSC with one chairperson and four members, all appointed by the President on recommendation of the Constitutional Council. The PSC conducts competitive examinations for entry into civil services and other government positions, ensuring merit-based recruitment. There are also State PSCs for each province (Article 244).
• Commission for Investigation of Abuse of Authority (CIAA): Article 238 establishes the CIAA to combat corruption. It has five members and is responsible for investigating public officials’ abuse of power.
• Auditor General: Article 240 creates the Auditor General’s office to audit government accounts.
• Election Commission: Article 245 provides for a five-member Election Commission (a Chief Commissioner and four others), appointed on Constitutional Council recommendation. The EC is independent and conducts all elections — federal, provincial and local.
• Constitutional Commissions: Articles 246–264 set up commissions for human rights, women, Dalit, inclusion, indigenous, Madhesi, Tharu, Muslim, and for natural resources/fiscal issues. Each has a chair and members appointed similarly. The National Human Rights Commission protects human rights. The constitution even mandates that Parliament review these commissions after 10 years to see if they should continue.

These bodies are meant to keep the system in check. For instance, the PSC’s role in civil service recruitment keeps bureaucracy professional. The Election Commission’s independence builds confidence in elections. The NHRC and other rights commissions monitor rights issues. In practice, these institutions give citizens formal avenues to complain or initiate action — like reporting a corrupt official to the CIAA or a rights violation to the NHRC.

Additionally, the constitution establishes an Ombudsman (Lokpal/Lokayukta at federal and provincial levels) to investigate administrative malfeasance.

7. Human Rights and Social Justice

The Constitution places strong emphasis on human rights and social justice. Beyond the fundamental rights already mentioned, several clauses specifically promote equality and inclusion:

• Proportional Inclusion: Article 42(1) directs that historically disadvantaged communities (including women, Dalits, Adivasi Janajatis, Madhesis, marginalized groups, sexual and gender minorities, laborers, etc.) have the right to proportional participation in state bodies. This is implemented through laws and elections (e.g., political party candidate quotas ensure diverse representation).
• Rights of Victims: Article 42(5) gives priority rights to families of martyrs, disappeared persons, and victims of conflict, recognizing Nepal’s recent history of conflict. They have priority access to services like education and health.
• Social Security: Article 43 guarantees social security for the economically poor, helpless groups, and endangered communities.
• Language and Culture: The Constitution respects Nepal’s cultural diversity. Article 6 states all mother tongues are national languages, and Article 7 designates Nepali (in Devanagari) as the official language, but allows provinces to choose additional official languages for local administration. The Constitution provides for a Language Commission to recommend criteria for official languages and protect linguistic diversity.

Practically, these provisions have driven laws and policies. For example, local schools now offer education in multiple mother tongues. Policies exist to provide scholarships for Dalit students. Health clinics and services must consider Nepal’s diverse groups. The broad rights against exploitation (like abolition of untouchability and human trafficking) are enforceable by law as promised in the constitution.

The Constitution also explicitly guarantees freedoms that strengthen human rights protections: freedom of religion (Article 26), right to information (Article 27), right to privacy (Article 28), etc. For instance, Nepal’s Right to Information framework aligns with the constitutional right to information, allowing citizens to seek government records.

8. Civil Service and Public Administration

For Law Officer aspirants, it is important to understand the civil service framework. The Constitution has several provisions that affect public administration:

• Article 243 (Public Service Commission): The PSC’s duty is “to conduct examinations for the selection of suitable candidates to be appointed to the positions in the Civil Service and other bodies.” This means that top-level government jobs (gazetted posts) must be filled through PSC exams. This entrenches merit-based recruitment as a constitutional principle.
• No Double Dipping: Once appointed through the PSC, a person cannot hold another government job simultaneously. For example, Article 72(5) says the Prime Minister and ministers cannot hold other offices. Similarly, Article 243(8) specifies PSC members cannot be reappointed in other government service.
• Service Conditions: The constitution guarantees that once a person is appointed to a government post, their salary and conditions cannot be worsened during their term. This is to protect bureaucrats from political interference or sudden pay cuts.
• Provincial/Local Services: Each province has its own PSC (Article 244) for provincial civil service, and local governments have their own public service commissions for local civil servants. This decentralization of recruitment means that thousands of new civil servant positions have been created at provincial and local levels after 2015.

The practical impact on the civil service has been profound. Before 2015, Nepal’s civil service was organized centrally. Now, provinces manage their own civil servants. This aligns the public administration more closely with local needs. Additionally, the emphasis on inclusive representation affects hiring: many government jobs have reserved slots or targeted recruitment drives for women and marginalized communities as required by law. This is all grounded in the constitution’s principles of social justice.

Overall, the constitution ensures that Nepal’s bureaucracy is apolitical, merit-based, and responsive. Agencies like the Public Service Commission and Constitutional Council operate under constitutional mandates. This has strengthened the rule-of-law by limiting partisan control over the civil service.

9. Amendment Procedures and Recent Developments

The Constitution (Part 31) sets strict rules for amendments. Article 274 says no amendment can undermine Nepal’s sovereignty or unity, and any bill to amend the constitution must be passed by two-thirds of the federal parliament. In certain cases (like changing provincial boundaries), the amendment also needs provincial approval. This high bar reflects the drafters’ intent to keep the constitution stable.

• First Amendment (2072 B.S., Feb 2016): Just months after adoption, Nepal’s parliament passed a First Amendment. A key change was establishing the Language Commission (Article 287, inserted by amendment). The commission is to recommend criteria for official languages and promote all mother tongues.
• Second Amendment (2077 B.S., June 2020): The most visible change to date. In June 2020, Nepal amended the map in its Coat of Arms by updating Schedule 3 of the Constitution to include certain disputed territories within the constitutional map. The amendment was largely symbolic but reflected national sentiment and asserted Nepal’s claims constitutionally.

Aside from formal amendments, constitutional review has been an ongoing discussion. Political parties have at times agreed in principle to “review and amend” the constitution while forming coalition governments, stating that any changes will be limited and aimed at political stability, not overhauling core principles. This reflects continuing debates on issues like electoral laws, provincial powers or citizen rights, but no sweeping amendment has replaced core provisions since adoption.

Also noteworthy: related laws have been amended to align with the constitutional framework. For example, the Transitional Justice Act was adopted to address war-era rights abuses, guided by constitutional mandates to address past violations and uphold justice. Human rights groups have both welcomed improvements and pointed out shortcomings.

For aspirants, the key recent developments to note are the map update amendment and the continuing political discussion on possible limited reviews of the constitution. As of the most recent political agreements, the constitution itself remains largely as in 2015 aside from the map change, but many implementing laws and regulations continue to evolve.

10. Practical Impact on Governance and Rule of Law

Since 2015, Nepal’s governance has fundamentally changed under the new constitution:

• Decentralization: Local and provincial governments now have real authority. Local municipalities enact laws on local roads and water supply, and provincial governments manage education curricula and health policy. This has brought government closer to people in villages and towns.
• Shared Power: No single authority is omnipotent. The federal government cannot unilaterally overrun provincial lawmaking, because constitutionally each level has its own domain. This has required negotiation — e.g., after disasters or for national projects, all levels must coordinate.
• Rule of Law: With all branches and levels bound by the constitution, legal processes have more consistency. Citizens regularly petition the Supreme Court when rights are violated. The constitution’s supremacy means that any law or executive action against its spirit (e.g., discrimination) can be challenged in court.
• Human Rights Protection: Rights enshrined in the constitution are now referenced in daily governance. Ministries must respect rights like privacy and the right against discrimination in their policies. Human rights institutions use the constitution to call out abuses. Social programs have expanded in line with constitutional guarantees.
• Civil Service Reform: The public service has had to adapt. Central ministries are smaller relative to the expanded provincial/local bureaucracy. The constitution’s requirement for merit selection has professionalized hiring, and provincial PSCs hire staff for local needs.
• Political Stability: The constitution prevents abrupt concentration of power (e.g., requiring broad consensus to amend it and mandating inclusive governance). On the other hand, the multiparty, coalition-driven system can lead to frequent changes of government. Political alliances often form to maintain stability.

In summary, Nepal’s Constitution is now the backbone of governance. It has turned Nepal into a federal democracy with a strong rights framework. For Law Officer aspirants, understanding these constitutional elements is vital. You should recognize how articles in Part III (rights) and Part II (citizenship) protect people, how Parts V–XIX distribute power, and how independent bodies (Part XXI onwards) function. Also note recent changes such as the map-related amendment and continuing conversations about constitution review.

The practical takeaway is that Nepal’s constitution is not just theory — it shapes everyday governance. When you read about a provincial budget law or a Supreme Court order, ask: which constitutional provision governs this? Aspirants should be comfortable citing the constitution’s main parts (e.g., rights, structure of state, amendments).

Overall, the 2015 Constitution marked a turning point in Nepal’s history. It enshrines the rule of law, broadens democracy, and aims for an inclusive society. Understanding its structure and key features — along with recent changes — is crucial for anyone preparing for Loksewa Law Officer exams or working in Nepal’s legal and administrative fields