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Constitution Of Nepal
Constitution of Nepal 2015 ( ne, नेपालको संविधान २०७२) is the present governing Constitution of Nepal. Nepal is governed according to the Constitution which came into effect on 20 September 2015, replacing the Interim Constitution of 2007. The constitution of Nepal is divided into 35 parts, 308 Articles and 9 Schedules. The Constitution was drafted by the Second Constituent Assembly following the failure of the First Constituent Assembly to produce a constitution in its mandated period after the devastating earthquake in April 2015. The constitution was endorsed by 90% of the total legislators. Out of 598 Constituent Assembly members, 538 voted in favour of the constitution while 60 people voted against it, including a few Terai-based political parties which refrained from the voting process. Its institutions were put in place in 2010 and 2018 through a series of direct and indirect elections in all governing levels. History The Interim Co ...
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Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law. In parliamentary procedure using Robert's Rules of Order, a preamble consists of "Whereas" clauses that are placed before the resolving clauses in a resolution (formal written motion). However, preambles are not required to be placed in resolutions. According to Robert's Rules of Order, including such background information may not be helpful in passing the resolution. Legal effect While preambles may be regarded as unimportant introductory matter, their words may have effects that may not have been foreseen by their drafters. France In France, the preamble to the constitution of the Fifth Republic of 1958 was considered ancillary and therefore non- ...
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Revolution Of 1951
The revolution of 1951 () in Nepal, also referred to as Sat Salko Kranti, was a political movement against the direct rule by the Rana dynasty of Nepal which had lasted for 104 years. It marks the beginning of the political awakening and democratic movements in Nepal, and resulted in immediate abolition of the institutionalized hereditary Prime Minister system in Nepal. Background of Rana regime The rise of the Ranas was heightened by plotting the Kot Massacre by Jang Bahadur Rana and his brothers gained power, thus reduced the power of monarch to a figurehead, and the position of Prime Minister was made powerful and hereditary. The Rana regime pursued a policy of isolating Nepal from external influences. The Ranas further established their power by turning pro-British, and assisted the British during the Sepoy Rebellion in 1857. Organization for revolution Popular dissatisfaction against of the Ranas started emerging from among educated people and from within the Ranas, many ...
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Constitutionalism
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to the extent that they "contain institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority". As described by political scientist and constitutional scholar David Fellman: Definition Constitutionalism has prescriptive and descriptive uses. Law professor Gerhard Casper captured this aspect of the term in noting, "Constitutionalism has both descriptive and prescriptive connotations. Used descriptively, it refers chiefly to the historical struggle for constitutional recognition of the people's right to 'consent' and certain other rights, freedoms, and privileges. Used prescriptively, its meaning incorporates those features of governmen ...
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Constitutional Economics
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents". This extends beyond the definition of "the economic analysis of constitutional law" and is distinct from explaining the choices of economic and political agents within those rules, a subject of orthodox economics. Instead, constitutional economics takes into account the impacts of political economic decisions as opposed to limiting its analysis to economic relationships as functions of the dynamics of distribution of marketable goods and services. Constitutional economics was pioneered by the work of James M. Buchanan. He argued that "The political economist who seeks to offer normative advice, must, of necessity, concentrate on the process or structure within which political decisions are observed to be made. Ex ...
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National Dalit Commission
The National Dalit Commission is an Nepali constitutional body established with a view to provide safeguards against the exploitation of Dalits to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution. About 20 per cent of Nepal's population are Dalit. History The first Commission for Dalits was set up in 1963 and caste-based discrimination was abolished in Nepal. The Interim Constitution of Nepal provides for freedom of religion and permits the practice of all religious groups; however, there are some restrictions. The Interim Parliament declared the country a secular state in the Interim Constitution in January 2007. The Interim Constitution maintains the stipulation from the 1990 constitution that no one can be discriminated against based on caste. In 2002 the previous government constituted a National Dalit Commission charged with protecting and promoting Dalit (formerly called "untouchable") rights ...
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National Human Rights Commission (Nepal)
The National Human Rights Commission (NHRC) of Nepal is an independent and autonomous constitutional body. It was established in the year 2000 as a statutory body under the Human Rights Commission Act 1997 (2053 BS). The Interim Constitution of Nepal 2007 (2063 BS) made the NHRC a constitutional body. It has a separate sphere of responsibilities in the constitutional legal system of the country. These responsibilities complement the responsibilities of the normal machinery of the administration of Justice, the Supreme Court, the Office of the Attorney General, the Commission for the Investigation of Abuse of Authority, and other existing executive, quasi-judicial or judicial bodies of Nepal. The Commission was created in response to a 1991 UN-sponsored meeting of representatives of national institutions held in Paris, which laid down a detailed set of principles on the status of national institutions commonly known as the Paris Principles. These principles, subsequently endorsed b ...
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Election Commission, Nepal
The Election Commission ( ne, निर्वाचन आयोग, नेपाल; ''Nirvācana āyōg, Nēpāl'') is a constitutional body responsible for conducting and monitoring elections, as well as registering parties and candidates and reporting election outcomes, in Nepal. It was born out of the 1950 revolution in Nepal, and was established in law in 1951, although it has been changed somewhat by law over time. It has six members who serve for six-year terms, as established by the Constitution of Nepal. During the Constituent Assembly elections in 2008, it was criticized for not fully upholding its duties, but was acknowledged to have managed the elections well nonetheless. The first election commissioner was Subarna Shumsher Rana in 1951 A.D. History The year 1950 was important in the history of Nepal: in that year, the Rana dynasty, which had controlled the government for exactly 104 years, was overthrown. The coup d'état marked Nepal's first attempt at democracy; o ...
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Public Service Commission (Nepal)
The Public Service Commission ( ne, लोक सेवा आयोग) of Nepal was established on 15 June 1951. It is the main constitutional body involved in selecting meritorious candidates required by Government of Nepal for Civil Service Vacancy. It is regarded as one of the most credible modes of recruitment. The Constitution of Nepal has regarded the commission as an independent constitutional body. Organization Setup The Public Service Commission is overseen by the Office of the Prime Minister and Council of Ministers. As per Part 23 of the Constitution of Nepal (2072), the PSC consists of an acting Chairman and several further members. These are selected by the President of Nepal on the recommendation of the constitutional council. 50% of the members of this are appointed from the civil servants who have served for 20 or more than so in the field of the government sector. , the chairman of the PSC was Madhav Prasad Regmi, who was nominated for the post in 2021 . Re ...
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Office Of The Auditor General (Nepal)
Office of the Auditor General (OAGN) is a constitutional body and the supreme audit institution of Nepal. It derives its mandate from Article 241 of the Constitution of Nepal and Audit Act, 2075 (2019 A.D.). The Auditor General is empowered to undertake audits of Office of the President and Vice-President, Supreme Court of Nepal, Supreme Court, Parliament of Nepal, Federal Parliament, Provincial Assemblies, Provincial Governments, Constitutional bodies or their offices, courts, the Office of the Attorney General and the Nepali Army, Nepal Army, Nepal Police and Armed Police Force, Armed Police as well as of all other government offices and courts with due consideration given to the regularity, economy, efficiency, effectiveness and the propriety of government expenditures. Auditor General According to Article 240 of the Constitution of Nepal, the Auditor General is appointed by the President of Nepal, President on the recommendation of the Constitutional Council for a single term o ...
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Commission For The Investigation Of Abuse Of Authority
The Commission for Investigation of Abuse of Authority (CIAA; ne, अख्तियार दुरुपयोग अनुसन्धान आयोग) is an apex constitutional body for corruption control for the Government of Nepal. The Constitution of Nepal has empowered CIAA to investigate and probe cases against the persons holding any public office and their associates who are indulged in the abuse of authority by way of corruption. As a constitutional body, the authority vested on CIAA are as per the Article 238 and 239 of the Constitution of Nepal. Prem Kumar Rai is the Chief Commissioner of the Commission for Investigation of Abuse of Authority. Commissioners are Kishor Kumar Silwal, Jaya Bahadur Chand, Dr. Hari Poudel, Dr. Sumitra Shrestha Amatya. The Fundamental function of the Commission for Investigation of Abuse of Authority (CIAA) is to prevent corruption. The Commission is the only body to investigate, prosecute and bring actions against officials accused of ...
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People's Movement I (1990)
The 1990 People's Movement ( ne, २०४६ जनआन्दोलन, 2046 Jana Andolan) was a multiparty movement in Nepal that brought an end to absolute monarchy and the beginning of constitutional monarchy. It also eliminated the Panchayat system. The movement was marked by the unity between the various political parties. Not only did various Communist parties group together in the United Left Front (ULF), but they also cooperated with parties such as Nepali Congress (NC). One result of this unity was the formation of the Communist Party of Nepal (Unified Marxist-Leninist). History In 1989, two groups, the Nepali Congress, a pro-democracy group and the largest illegal political party in the country, and the United Left Front, a coalition of communist and leftist parties, joined to launch a campaign to achieve a multiparty democracy in Nepal. The Jana Andolan' (People's Movement) officially started on 18 February 1990, which is Democracy day in Nepal. In order to sta ...
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Emergency
An emergency is an urgent, unexpected, and usually dangerous situation that poses an immediate risk to health, life, property, or environment and requires immediate action. Most emergencies require urgent intervention to prevent a worsening of the situation, although in some situations, mitigation may not be possible and agencies may only be able to offer palliative care for the aftermath. While some emergencies are self-evident (such as a natural disaster that threatens many lives), many smaller incidents require that an observer (or affected party) decide whether it qualifies as an emergency. The precise definition of an emergency, the agencies involved and the procedures used, vary by jurisdiction, and this is usually set by the government, whose agencies (emergency services) are responsible for emergency planning and management. Defining an emergency An incident, to be an emergency, conforms to one or more of the following, if it: * Poses an immediate threat to life, hea ...
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