Constitution of Nepal 2072: Parts, Schedules, Fundamental Rights and Amendments

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The Constitution of Nepal is the supreme law of the country, officially promulgated on September 20, 2015 (Ashoj 3, 2072 BS). Drafted by the second Constituent Assembly, it successfully replaced the Interim Constitution of 2007. The extensive document is structurally organized into 35 parts, 308 articles, and 9 schedules, and it has undergone two subsequent amendments to address geopolitical boundaries and internal administrative demands.

The constitution formally transforms Nepal into a federal, democratic, republican, and secular state that is explicitly oriented toward socialism. Sovereignty and state authority are vested entirely in the people of Nepal. It establishes a multi-ethnic, multi-lingual, and multi-cultural national identity, ensuring that the state remains inclusive of its diverse population.

Structurally, the document creates a three-tier governance system divided into federal, provincial, and local levels to decentralize power away from Kathmandu. The federal government operates under a parliamentary system with a bicameral legislature consisting of the House of Representatives and the National Assembly. Executive power is exercised by the Prime Minister and the Council of Ministers, while the President serves as the ceremonial Head of State.

A major highlight of the constitution is its comprehensive focus on human rights, explicitly guaranteeing 31 fundamental rights under Part 3. These rights protect individual liberties such as the right to live with dignity, equality, and freedom of expression, alongside progressive provisions for clean environment, education, health, and social justice. Additionally, an independent judiciary headed by the Supreme Court is empowered with judicial review to uphold these constitutional rights.

Constitution of Nepal at a glance

How the constitution was made

Nepal has had seven constitutions in its history. The present one is the first written by an elected Constituent Assembly, which was a long-standing demand since the political change of 2007 BS.

The first Constituent Assembly, elected in 2064 BS (2008), declared Nepal a federal democratic republic but was dissolved in 2069 BS (2012) without finishing the constitution. A second Constituent Assembly was elected on Mangsir 4, 2070 (November 2013). It passed the new constitution in 2072 BS, and the President promulgated it on Ashoj 3, 2072. That day is now celebrated as Constitution Day.

Main points of the Preamble

The Preamble (प्रस्तावना) is the introduction that states the source of authority and the goals of the constitution. It is part of the constitution and is often asked in exams.

• Sovereignty and state power rest with the people of Nepal.
• Remembers the sacrifices of martyrs and people in past movements for democracy, peace and progress.
• Ends all forms of discrimination based on class, caste, region, language, religion and gender.
• Commits to a socialism-oriented economy, proportional inclusion and participatory social justice.
• Adopts competitive multi-party democracy, periodic elections, adult franchise, full press freedom, an independent judiciary and the rule of law.
• Promises lasting peace, good governance, development and prosperity through a federal democratic republican system.

Key features of the Constitution of Nepal

• Written and supreme: Article 1 says the constitution is the fundamental law of Nepal. Any law that conflicts with it is void to that extent.
• Federal structure: power is shared between the federation, 7 provinces and 753 local levels (Article 56).
• Republic: the head of state is an elected President, not a king.
• Secular: Article 4 defines Nepal as secular, explained as protecting religions and cultures handed down from ancient times and religious and cultural freedom.
• Parliamentary system: the Prime Minister and Council of Ministers hold executive power and answer to the House of Representatives.
• Bicameral federal parliament: House of Representatives (275 members) and National Assembly (59 members).
• Mixed electoral system: first-past-the-post plus proportional representation.
• Inclusion: proportional representation of women, Dalits, indigenous nationalities, Madhesis, Tharus, Muslims and other groups, and at least one-third women in parliament.
• Independent judiciary: a three-tier court system with the Supreme Court at the top and the power of judicial review.
• Constitutional bodies: 13 independent commissions in Parts 21 to 27.
• Rigid amendment: a two-thirds majority is needed in both houses (Article 274).

Three levels of government

Article 56 divides the state into three levels. Each level has its own executive, legislature and financial powers, listed in Schedules 5 to 9.

• Federal level: the President is head of state and the Prime Minister leads the Council of Ministers. The federal parliament has the House of Representatives (165 first-past-the-post and 110 proportional seats, five-year term) and the National Assembly (59 members: 56 elected, 8 from each province, plus 3 nominated by the President; members serve six years and one-third retire every two years).
• Provincial level: each of the 7 provinces has a Province Head appointed by the President, a Chief Minister and a provincial assembly.
• Local level: 753 local levels (6 metropolitan cities, 11 sub-metropolitan cities, 276 municipalities and 460 rural municipalities), each with an elected executive and assembly, plus judicial committees led by the deputy head.

Directive principles, policies and obligations (Part 4)

Articles 49 to 55 set out the goals the state must work towards, such as a welfare state, social justice and an economy that is self-reliant and socialism-oriented. Unlike fundamental rights, these cannot be enforced in court. Instead, the government reports every year to the President on how it has carried them out, and the President sends that report to the federal parliament.

Important articles to remember

The 35 parts of the constitution

The 9 schedules

Fundamental rights (Articles 16 to 46)

Part 3 lists 31 fundamental rights. Article 46 gives the right to constitutional remedies, so a person can go to the Supreme Court or a High Court if any of these rights is violated. Article 47 required the state to make laws to implement these rights within three years.

Article 48 lists the duties of citizens: to protect the nationality, sovereignty and integrity of Nepal, to obey the constitution and law, to do compulsory service when the state requires it, and to protect public property.

Amendments to the constitution

Under Article 274, an amendment bill must be passed by a two-thirds majority of the existing members of each house of the federal parliament. An amendment that changes a province boundary or a power in Schedule 6 also needs the consent of the provincial assembly concerned. No amendment may go against the self-rule of Nepal, its sovereignty, territorial integrity or the sovereignty vested in the people.

Frequently asked questions

When was the Constitution of Nepal promulgated?

On Ashoj 3, 2072 BS (20 September 2015), by President Ram Baran Yadav.

How many parts, articles and schedules are there?

35 parts, 308 articles and 9 schedules.

How many fundamental rights does the constitution give?

31 fundamental rights, from Article 16 (right to live with dignity) to Article 46 (right to constitutional remedies).

Which article deals with amendment?

Article 274 in Part 31. A two-thirds majority of the existing members of both houses is needed.

How many times has it been amended?

Twice: the first amendment in 2016 and the second in 2020, which added the new map to the coat of arms.