Fundamental Rights and Duties in the Constitution of Nepal: Articles 16 to 48

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Studying the whole constitution? Start with our overview note, Constitution of Nepal 2072: Parts, Schedules, Fundamental Rights and Amendments, then use this note for the detail.

Part 3 of the Constitution of Nepal 2072 lists 31 fundamental rights in Articles 16 to 46, followed by Article 47 on their implementation and Article 48 on the duties of citizens. Questions such as “Which article gives the right to information?” are among the most common in Lok Sewa. This note gives every right with its article number and explains how the rights are protected.

1. Fundamental rights at a glance

  • Fundamental rights are in Part 3 of the Constitution.
  • There are 31 fundamental rights, from Article 16 to Article 46.
  • Article 47: the state must make laws to implement these rights within three years of the Constitution coming into force.
  • Article 48: duties of citizens.
  • The 2072 Constitution added many economic and social rights such as food, housing, health, employment and social security.

2. List of fundamental rights with articles

ArticleFundamental right
16Right to live with dignity (no death penalty)
17Right to freedom
18Right to equality
19Right to communication
20Rights relating to justice
21Rights of victims of crime
22Right against torture
23Right against preventive detention
24Right against untouchability and discrimination
25Right relating to property
26Right to freedom of religion
27Right to information
28Right to privacy
29Right against exploitation
30Right to clean environment
31Right relating to education
32Right to language and culture
33Right to employment
34Right to labour
35Right relating to health
36Right relating to food
37Right to housing
38Rights of women
39Rights of the child
40Rights of Dalit
41Rights of senior citizens
42Right to social justice
43Right to social security
44Rights of the consumer
45Right against exile
46Right to constitutional remedies

3. Important provisions to remember

  • Article 16: no law can provide for the death penalty.
  • Article 17 covers freedom of opinion and expression, assembly, association, movement, and profession or business.
  • Article 22: torture is punishable and the victim gets compensation.
  • Article 24: untouchability and caste discrimination are punishable crimes.
  • Article 31: free and compulsory basic education and free education up to secondary level.
  • Article 35: free basic health services.
  • Article 38: women have equal lineage rights, safe motherhood and reproductive health, and the right to proportional inclusion in state bodies.
  • Article 39: children below 14 years cannot be employed in factories, mines or hazardous work.

4. Right to constitutional remedies and writs

Article 46 lets a person go to the Supreme Court (Article 133) or a High Court (Article 144) if a fundamental right is violated. The courts can issue writs:

WritMeaning
Habeas corpus“Have the body”: produce a detained person before the court; protects against illegal detention
Mandamus“We command”: orders an official to perform a legal duty
CertiorariQuashes an unlawful decision of a lower court or body
ProhibitionStops a lower court or body from acting beyond its jurisdiction
Quo warranto“By what authority”: asks a person to show their right to hold a public office

5. Duties of citizens (Article 48)

  • To safeguard the nationality, sovereignty and integrity of Nepal.
  • To abide by the Constitution and law.
  • To render compulsory service as required by the state.
  • To protect and preserve public property.

📌 Key points to remember

  • 31 fundamental rights are in Part 3, Articles 16 to 46.
  • Article 16: right to live with dignity; no death penalty.
  • Article 17 freedom; 18 equality; 19 communication; 27 information; 28 privacy.
  • Article 30 clean environment; 31 education; 35 health; 36 food; 37 housing.
  • Article 38 women; 39 child; 40 Dalit; 41 senior citizens; 44 consumer.
  • Article 45 right against exile; 46 constitutional remedies.
  • Article 47: implementing laws within 3 years; Article 48: duties of citizens.
  • Writs: habeas corpus, mandamus, certiorari, prohibition, quo warranto.
📝 Quiz

Test yourself: Fundamental Rights and Duties in the Constitution of Nepal

50 questions check what you read about Fundamental rights at a glance, Important provisions to remember and Duties of citizens (Article 48). Each attempt picks 25 at random.

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