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
| Article | Fundamental right |
|---|---|
| 16 | Right to live with dignity (no death penalty) |
| 17 | Right to freedom |
| 18 | Right to equality |
| 19 | Right to communication |
| 20 | Rights relating to justice |
| 21 | Rights of victims of crime |
| 22 | Right against torture |
| 23 | Right against preventive detention |
| 24 | Right against untouchability and discrimination |
| 25 | Right relating to property |
| 26 | Right to freedom of religion |
| 27 | Right to information |
| 28 | Right to privacy |
| 29 | Right against exploitation |
| 30 | Right to clean environment |
| 31 | Right relating to education |
| 32 | Right to language and culture |
| 33 | Right to employment |
| 34 | Right to labour |
| 35 | Right relating to health |
| 36 | Right relating to food |
| 37 | Right to housing |
| 38 | Rights of women |
| 39 | Rights of the child |
| 40 | Rights of Dalit |
| 41 | Rights of senior citizens |
| 42 | Right to social justice |
| 43 | Right to social security |
| 44 | Rights of the consumer |
| 45 | Right against exile |
| 46 | Right 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:
| Writ | Meaning |
|---|---|
| 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 |
| Certiorari | Quashes an unlawful decision of a lower court or body |
| Prohibition | Stops 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.
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.