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Explore Government Law and Regulation

Preliminary | 1


1. Constitution as Fundamental Law:

(1) This Constitution is the fundamental law of Nepal. Any law inconsistent with this Constitution shall, to the extent of such inconsistency, be void.

(2) It shall be the duty of every person to uphold this Constitution.

2. Sovereignty and State Power: The sovereignty and State power of Nepal shall be vested in the Nepali people. It shall be exercised in accordance with the provisions set forth in this Constitution.

3. Nation: All the Nepali people, with multi-ethnic, multi-lingual, multi-religious, multicultural characteristics and in geographical diversities, and having common aspirations and being united by a bond of allegiance to national independence, territorial integrity, national interest and prosperity of Nepal, collectively constitute the nation.

4. State of Nepal:

(1) Nepal is an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented, federal democratic republican State. Explanation: For the purposes of this Article, "secular" means religious, cultural freedoms, including protection of religion and culture handed down from time immemorial.

(2) The territory of Nepal shall comprise the following:-

(a) The territory existing at the time of commencement of this Constitution, and

(b) Such other territory as may be acquired after the commencement of this Constitution.

5. National Interest:

(1) Safeguarding of the freedom, sovereignty, territorial integrity, nationality, independence and dignity of Nepal, the rights of the Nepali people, border security, economic wellbeing and prosperity shall be the basic elements of the national interest of Nepal.

(2) Any conduct and act contrary to the national interest shall be punishable in accordance with the federal law.

6. Languages of Nation: All languages spoken as the mother tongues in Nepal are the languages of the nation.

7. Official Language:

(1) The Nepali language in the Devnagari script shall be the official language of Nepal.

(2) A Province may, by a provincial law, determine one or more than one languages of the nation spoken by a majority of people within the Province as its official language or languages, in addition to the Nepali language.

(3) Other matters relating to language shall be as decided by the Government of Nepal on recommendation of the Language Commission.

8. National Flag:

(1) The national flag of Nepal consists of two juxtaposed triangular figures with a crimson-coloured base and deep blue borders, there being a white emblem of the crescent moon with eight rays visible out of sixteen in the upper part and a white emblem of a twelve rayed sun in the lower part.

(2) The method of drawing out the flag and other particulars relating thereto shall be as provided for in Schedule-1.

9. National Anthem and so on: (1) The national anthem of Nepal shall be as set forth in Schedule-2.

(2) The coat-of-arms of Nepal shall be as set forth in Schedule-3.

(3) The Rhododendron Arboreum shall be the national flower, Crimson Colour shall be the national colour, Cow shall be the national animal and Lophophorus shall be the national bird of Nepal.

Citizenship | 2


10. Not to Deprive of Citizenship:

(1) No citizen of Nepal shall be deprived of the right to obtain citizenship.

(2) Provision of single federal citizenship with provincial identity has been made in Nepal.

11. To be Citizens of Nepal:

(1) The persons who have obtained the citizenship of Nepal at the time of commencement of this Constitution and who are qualified to obtain citizenship in accordance with this Part shall be the citizens of Nepal.

(2) The following person who has his or her permanent domicile in Nepal at the time of commencement of this Constitution shall be the citizen of Nepal by descent:-

(a) A person who has obtained the citizenship of Nepal by descent prior to the commencement of this Constitution;

(b) A person whose father or mother was a citizen of Nepal at the time of his or her birth.

(3) A child of a citizen having obtained the citizenship of Nepal by virtue of birth prior to the commencement of this Constitution shall, upon attaining the age of majority, acquire the citizenship of Nepal by descent in case the child's father and mother both are citizens of Nepal.

(4) Every minor who is found within Nepal and the whereabouts of whose father and mother are not known shall, until the father or the mother of the child is traced, be a citizen of Nepal by descent.

(5) A person who is born in Nepal to a woman who is a citizen of Nepal and has resided in Nepal and whose father is not traced shall be provided with the citizenship of Nepal by descent. Provided that in case his or her father is held to be a foreign citizen, the citizenship of such person shall be converted into naturalized citizenship as provided for in the federal law. www.lawcommission.gov.np

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(6) A foreign woman who has a matrimonial relationship with a citizen of Nepal may, in case she so desires, acquire the naturalized citizenship of Nepal as provided for in the federal law.

(7) Notwithstanding anything contained elsewhere in this Article, in the case of a person born to a woman who is a citizen of Nepal and married to a foreign citizen, the person may acquire the naturalized citizenship of Nepal in accordance with the federal law in case he or she has permanently resided in Nepal and has not acquired the citizenship of a foreign country. Provided that in case such person's mother and father both are citizens of Nepal at the time of acquisition of citizenship, such person born in Nepal may acquire the citizenship of Nepal by descent.

(8) In the cases other than those referred to in this Article, the Government of Nepal may, in accordance with the federal law, grant the naturalized citizenship of Nepal.

(9) The Government of Nepal may, in accordance with the federal law, grant the honorary citizenship of Nepal.

(10) Whenever any territory is acquired by way of incorporation into Nepal, a person having his or her domicile within such territory shall, subject to the federal law, become a citizen of Nepal.

12. Citizenship based on Descent along with Gender Identity: A person who is entitled to obtain the citizenship of Nepal by descent in accordance with this Constitution may obtain a certificate of citizenship of Nepal with gender identity by the name of his or her mother or father.

13. Acquisition, Reacquisition and Termination of Citizenship: Other matters relating to the acquisition, reacquisition and termination of citizenship shall be as provided for in the federal law.

14. Power to Grant non-resident Nepali Citizenship: The non-residential citizenship of Nepal may be so granted to a person who has acquired the citizenship of a foreign country, has resided in a country other than a Member State of the South Asian Association for Regional Cooperation, and who or whose father or mother, grandfather or grandmother was previously a citizen of Nepal by decent or birth but 7 subsequently acquired the citizenship of the foreign country that such person may enjoy economic, social and cultural rights in accordance with the federal law.

15. Other Provisions relating to Citizenship of Nepal: Other matters relating to the maintenance of records setting out the identity of every citizen of Nepal and the citizenship of Nepal shall be as provided for in the federal law

Right to Live with Dignity | Fundamental Rights and Duties


(1) Every person shall have the right to live with dignity.

(2) No law shall be made providing for the death penalty to anyone.

Right to Freedom: | Fundamental Rights and Duties


: (1) No person shall be deprived of his or her personal liberty except in accordance with law.

(2) Every citizen shall have the following freedoms: -

(a) Freedom of opinion and expression;

(b) Freedom to assemble peaceably and without arms;

(c) Freedom to form political parties;

(d) Freedom to form unions and associations;

(e) Freedom to move and reside in any part of Nepal;

(f) Freedom to practise any profession, carry on any occupation and establish and operate any industry, trade and business in any part of Nepal. Provided that:

(1) Nothing in sub-clause

(a) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality and independence of Nepal or the harmonious relations between the Federal Units or the people of various castes, tribes, religions or communities or incite caste-based discrimination or untouchability or on any act of disrespect of labour, defamation, contempt of court, incitement to an offence or on any act which may be contrary to public decency or morality.

(2) Nothing in sub-clause

(b) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality and independence of Nepal or the harmonious relations between the Federal Units or public law and order.

(3) Nothing in sub-clause

(c) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality and independence of Nepal, constitute an espionage against the nation or divulge national secrecy or on any act of rendering assistance to any foreign State, organization or representative in a manner to undermine the security of Nepal or on an act of sedition or on any act which may undermine the harmonious relations between the Federal Units or on any act of incitement to caste-based or communal hatred or on any act which may undermine the harmonious relations between various castes, tribes, religions and communities, or on any act of acquisition of, or restriction on, membership of any political party on the basis solely of tribe, language, religion, community or sex or on any act of formation of a political party with discrimination between citizens or on incitement to violent acts or on any act which may be contrary to public morality.

(4) Nothing in sub-clause

(d) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality and independence of Nepal, or on any act which may constitute espionage against the nation or on any act of divulgence of national secrecy or on any act assisting any foreign State, organization or representative in a manner to undermine the security of Nepal or on an act of sedition or on any act which may undermine the harmonious relations between the Federal Units or on any act of incitement to caste-based or communal hatred or on any act which may undermine the harmonious relations between various castes, tribes, religions and communities or on incitement to violent acts or on any act which may be contrary to public morality.

(5) Nothing in sub-clause

(e) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the interest of the pubic-in-general or which may undermine the harmonious relations between the Federal Units or the harmonious relations between the peoples of various castes, tribes, religions or communities or which may constitute or incite violent acts. 0

(6) Nothing in sub-clause

(f) shall be deemed to prevent the making of an Act to prevent any act which may undermine the harmonious relations between the Federal Units or any act which may be contrary to public health, decency or morality of pubic-in-general or to confer on the State the exclusive right to undertake any specific industry, trade or service, or to prescribe any condition or qualification for carrying on any industry, trade, occupation, employment or business.

Right to Equality | Fundamental Rights and Duities


(1) All citizens shall be equal before law. No one shall be denied the equal protection of law.

(2) No discrimination shall be made in the application of general laws on grounds of origin, religion, race, caste, tribe, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language or region, ideological conviction or on similar other grounds.

(3) The State shall not discriminate among citizens on grounds of origin, religion, race, caste, tribe, sex, economic condition, language, region, ideological conviction or on similar other grounds. Provided that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or development of the citizens including the socially or culturally backward women, Dalit, indigenous people, indigenous nationalities (Aadibasi Janajati), Madhesi, Tharu, Muslim, oppressed class, Pichhada class, minorities, the marginalized, farmers, labours, youths, children, senior citizens, gender and sexual minorities, persons with disabilities, pregnant persons, incapacitated or helpless, backward region and indigent Khas Arya. Explanation: For the purposes of this Part and Part 4, "indigent" means a person who earns income less than that specified by the federal law.

(4) No discrimination shall be made on the ground of gender with regard to remuneration and social security for the same work.

(5) All offspring shall have the equal right to the ancestral property without discrimination on the ground of gender.

Right to Communication: | Fundamental Rights and Duties


(1) No publication and broadcasting or dissemination or printing of any news item, editorial, feature article or other reading, audio and audio-visual material through any means whatsoever including electronic publication, broadcasting and printing shall be censored. Provided that nothing shall be deemed to prevent the making of Acts to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality of Nepal or the harmonious relations between the Federal Units or the harmonious relations between various castes, tribes, religions or communities, or on any act of sedition, defamation or contempt of court or incitement to an offence, or on any act which may be contrary to public decency or morality, on any act of hatred to labour and on any act of incitement to caste-based untouchability as well as gender discrimination.

(2) No radio, television, online or other form of digital or electronic equipment, press or other means of communication publishing, broadcasting or printing any news item, feature, editorial, article, information or other material shall be closed or seized nor shall registration thereof be cancelled nor shall such material be seized by the reason of publication, broadcasting or printing of such material through any audio, audio-visual or electronic equipment or press. Provided that nothing contained in this clause shall be deemed to prevent the making of an Act to regulate radio, television, online or any other form of digital or electronic equipment, press or other means of communication.

(3) No means of communication including the press, electronic broadcasting and telephone shall be interrupted except in accordance with law.

Rights relating to Justice | Fundamental Rights and Duties


(1) No person shall be detained in custody without informing him or her of the ground for his or her arrest.

(2) Any person who is arrested shall have the right to consult a legal practitioner of his or her choice from the time of such arrest and to be defended by such legal practitioner. Any consultation made by such person with, and advice given by, his or her legal practitioner shall be confidential. Provided this clause shall not apply to a citizen of an enemy State. Explanation: For the purpose of this clause, "legal practitioner" means any person who is authorized by law to represent any person in any court.

(3) Any person who is arrested shall be produced before the adjudicating authority within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to such authority; and no such person shall be detained in custody except on the order of such authority. Provided that this clause shall not apply to a person held in preventive detention and to a citizen of an enemy State.

(4) No person shall be liable for punishment for an act which was not punishable by the law in force when the act was committed nor shall any person be subjected to a punishment greater than that prescribed by the law in force at the time of the commission of the offence.

(5) Every person accused of an offence shall be presumed innocent until proved guilty of the offence.

(6) No person shall be tried and punished for the same offence in a court of law more than once.

(7) No person accused of an offence shall be compelled to testify against himself or herself.

(8) Every person shall have the right to be informed of any proceedings taken against him or her.

(9) Every person shall have the right to a fair trial by an independent, impartial and competent court or judicial body.

(10) Any indigent party shall have the right to free legal aid in accordance with law.

Right of Victim of Crime | Fundamental Rights and Duties


(1) A victim of crime shall have the right to get information about the investigation and proceedings of a case in which he or she is the victim.

(2) A victim of crime shall have the right to justice along with social rehabilitation and compensation in accordance with law.

Right against Torture | Fundamental Rights and Duties


(1) No person who is arrested or detained shall be subjected to physical or mental torture or to cruel, inhuman or degrading treatment. 

(2) Any act referred to in clause

(1) shall be punishable by law, and any person who is a victim of such treatment shall have the right to obtain compensation in accordance with law.

Right against Preventive Detention | Fundamental Rights and Duties


(1) No person shall be held under preventive detention unless there is a sufficient ground of the existence of an immediate threat to the sovereignty, territorial integrity or public law and order of Nepal.

(2) Information about the situation of a person who is held under preventive detention pursuant to clause

(1) shall be given immediately to his or her family members or relatives. Provided that this clause shall not apply to a citizen of an enemy State.

(3) In case the authority having power to hold a person under preventive detention holds any person under preventive detention contrary to law or in bad faith, such person shall have the right to obtain compensation in accordance with law

Right against Untouchability and Discrimination | Fundamental Rights and Duties


(1) No person shall be subjected to any form of untouchability or discrimination in any private and public places on grounds of his or her origin, caste, tribe, community, profession, occupation or physical condition.

(2) In producing or distributing any goods, services or facilities, no person belonging to any particular caste or tribe shall be prevented from purchasing or acquiring such goods, services or facilities nor shall such goods, services or facilities be sold, distributed or provided only to the persons belonging to any particular caste or tribe.

(3) No act purporting to demonstrate any person or community as superior or inferior on grounds of origin, caste, tribe or physical condition or justifying social discrimination on grounds of caste, tribe or untouchability or propagating ideology based on untouchability and caste based superiority or hatred or encouraging castebased discrimination in any manner whatsoever shall be allowed. (

4) No discrimination in any form shall be allowed at a workplace with or without making untouchability on the ground of caste.

(5) All types of acts of untouchability and discrimination committed in contravention of this Article shall be punishable by law as a severe social offence, and the victim of such act shall have the right to obtain compensation in accordance with law.

To be as Guidelines | Directive Principles, Policies and Obligations of the State


 (1) The directive principles, policies and obligations set forth in this Part shall be guidelines for governance of the State.

(2) The State shall mobilize, or cause to be mobilized, means and resources, as required, to implement the principles, policies and obligations set forth in this Part.

Directive Principles | Directive Principles, Policies and Obligations of the State


(1) The political objective of the State shall be to establish a public welfare system of governance, by establishing a just system in all aspects of national life through the rule of law, values and norms of fundamental rights and human rights, gender equality, proportional inclusion, participation and social justice, while at the same time protecting the life, property, equality and liberties of the people, in keeping with the vitality of freedom, sovereignty, territorial integrity and independence of Nepal; and to consolidate the federal democratic republican system of governance in order to ensure an atmosphere conducive to the enjoyment of fruits of democracy, while at the same time maintaining the relations between the Federal Units on the basis of cooperative federalism and incorporating the principle of proportional participation in the system of governance on the basis of local autonomy and decentralization

(2) The social and cultural objective of the State shall be to build a civilized and egalitarian society by eliminating all forms of discrimination, exploitation and injustice based on the grounds of religion, culture, tradition, usage, custom, practice or on any other similar grounds; to develop social, cultural values founded on national pride, democracy, pro-people, respect of labour, entrepreneurship, discipline, dignity and harmony; and to consolidate the national unity by maintaining social cohesion, solidarity and harmony, while recognizing cultural diversity.

(3) The economic objective of the State shall be to attain a sustainable economic development, while achieving rapid economic growth, by way of maximum mobilization of the available means and resources through participation and development of public, private and cooperatives; and to develop a socialism-oriented independent and prosperous economy while making the national economy independent, self-reliant and progressive in order to build an exploitation-free society  by abolishing economic inequality through equitable distribution of the achievements made. (4) The State shall direct its international relations towards enhancing the dignity of the nation in the world community by maintaining international relations on the basis of sovereign equality, while safeguarding the freedom, sovereignty, territorial integrity and independence and national interest of Nepal.

Policies of the State | Directive Principles, Policies and Obligations of the State


The State shall pursue the following policies:- (a) Policies relating to National Unity and National Security: (1) To maintain national unity intact, while protecting the freedom, sovereignty, territorial integrity and independence of Nepal; (2) To promote national unity while developing mutual cooperative relations among the Federal Units by maintaining mutual cohesion, harmony and solidarity among various castes, tribes, religions, languages, cultures and communities; (3) To maintain law and order by developing national security system; (4) To guarantee overall human security system; (5) To make all security organs, including the Nepal Army, Nepal Police and Armed Police Force Nepal, competent, strong, professional, inclusive and accountable to people, on the basis of national security policies; (6) To make and keep citizens ready and competent to serve the nation as and when the nation requires; (7) To make proper use, in nations' interest, of knowledge, skills and experiences of former public employees including former employees, military and police. (b) Policies relating to Political and Governance System of State: (1) To guarantee the best interests and prosperity of people through economic, social and cultural transformations, while safeguarding, consolidating and developing political achievements; (2) To maintain rule of law by protecting and promoting human rights; www.lawcommission.gov.np 24 (3) To implement international treaties, agreements to which Nepal is a party; (4) To guarantee good governance by ensuring equal and easy access of people to services and facilities delivered by the State, while making public administration fair, competent, impartial, transparent, free from corruption, accountable and participatory; (5) To make necessary provisions to make mass media fair, healthy, impartial, decent, responsible and professional; (6) To develop and expand harmonious and cooperative relations between the Federal Units by way of sharing of responsibilities, resources and administration between them. (c) Policies relating to Social and Cultural Transformation: (1) To build a society founded on cordial social relations by developing a healthy and civilized culture; (2) To carry out studies, research works, excavation and dissemination for the protection, promotion and development of historical, archaeological and cultural heritages; (3) To make community development through enhancement of local public participation, by promoting and mobilizing the creativity of local communities in social, cultural and service-oriented works; (4) To focus on development of arts, literature and music which form part of national heritages; (5) To eliminate all forms of discrimination, inequality, exploitation and injustice in the name of religion, custom, usage, practice and tradition existing in society; (6) To protect and develop languages, scripts, culture, literature, arts, motion pictures and heritages of various castes, tribes, and communities on the basis of equality and co-existence, while maintaining the cultural diversity of the country; (7) To pursue a multi-lingual policy. www.lawcommission.gov.np 25 (d) Policies relating to Economy, Industry and Commerce: (1) To strengthen national economy through participation and independent development of the public, private and cooperative sectors; (2) To achieve economic prosperity by way of optimum mobilization of the available means and resources, while focusing on the role of private sector in economy; (3) To promote the cooperative sector and mobilize it in national development to the maximum extent; (4) To encourage and mobilize the economic sector in the overall national development, while providing for regulation to maintain fairness, accountability and competition in all of its activities; (5) To make equitable distribution of the available means and resources and benefits of economic development; (6) To diversify and expand markets for goods and services, while promoting exports through development and expansion of industries upon identifying areas of comparative advantage; (7) To protect interests of consumers by maintaining trade fairness and discipline by making national economy competitive, while eliminating activities such as black marketing, monopoly, creating artificial scarcity and restricting competition; (8) To protect and promote national industries and resources and accord priority to domestic investment based on Nepali labour, skills and raw materials for development of national economy; (9) To accord priority to domestic investment for development of national economy; (10) To encourage foreign capital and technological investment in areas of import substitution and export promotion, in consonance with national interest, and encourage and mobilize such investment in development of infrastructure; www.lawcommission.gov.np 26 (11) To make the receiving of foreign assistance transparent, while making the national needs and priorities as the bases for obtaining foreign assistance, and incorporating amounts received in form of foreign assistance in the national budget, (12) To utilize knowledge, skill, technology and capital of the non-resident Nepali in the national development; (13) To make economic development dynamic by establishing coordination among Provinces and Provinces and the Federation in relation to industrial corridors, special economic zones, national projects and projects involving foreign investment.

Policies relating to Development | Directive Principles, Policies and Obligations of the State


(1) To formulate sustainable socio-economic development strategies and programs under the regional development plan for inclusive economic development with regional balance, and implement them in a coordinative manner; 

(2) To develop balanced, environment friendly, quality standard and sustainable physical infrastructures, while according priority to the regions lagging behind from development perspective;

(3) To enhance local public participation in the process of development works;

(4) To enhance investment in scientific study, research works and in invention, progress and development of science and technology, and protect scientists, technologists, intellectual and eminent talents;

(5) To ensure easy and simple access of public-in-general to information technology by developing and expanding information technology in tune with national needs, and make optimum utilization of information technology in the national development;

(6) To make provisions enabling public-in-public-in-general to enjoy fruits of development in just manner, while according priority to the indigent citizens in the distribution of such fruits;

(7) To develop an integrated national identity management information system and manage all types of information and data of the citizens in an integrated manner, and link such system with the services and facilities provided by the State and with national development plans;

(8) To update demographic statistics and link it with national development plans.

Policies relating to Protection, Promotion and Use of Natural Resources | Directive Principles, Policies and Obligations of the State


(1) To protect, promote, and make environmental friendly and sustainable use of, natural resources available in the country, in consonance with national interest and by adopting the concept of inter-generational equity, and make equitable distribution of benefits, according priority and preferential right to the local communities;

(2) To achieve multi-purpose development of water resources having accorded priority to national investment based on public participation

(3) To ensure reliable supply of energy in an affordable, and easy manner, and make proper use of energy, for the fulfilment of the basic needs of citizens, by generating and developing renewable energy;

(4) To develop sustainable and reliable irrigation by making control of water-induced disasters, and river management;

(5) To conserve, promote, and make sustainable use of, forests, wildlife, birds, vegetation and bio-diversity, by mitigating possible risks to environment from industrial and physical development, while raising awareness of public-in-general about environment cleanliness;

(6) To maintain forest area in territory required for ecological balance;

(7) To adopt appropriate measures to abolish or mitigate existing or possible adverse environmental impacts on the nature, environment or biological diversity;

(8) To pursue principles of environmentally sustainable development such as the principles of polluter pay, of precaution in environmental protection and of prior informed consent;

(9) To make provisions of advance warning, preparedness, rescue, relief and rehabilitation in order to mitigate risks from natural disasters.