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ONLINE CONSTITUTION
Latest revision 23:59 26 May 2011 (NPT)
FINAL TEXT POSTED There are no further revisions pending - Constitution of Nepal, May 29, 2011
(see TEXT - CONSTITUTION OF NEPAL, MAY 29, 2011 below)
To the citizens of Nepal, the Justices of the supreme court, and to the
Chief Justice, the Right Honorable Chief Justice Mr. Khil Raj Regmi,
26 may 2011 23:59 (NPT)
we have followed all legal requirements, met all deadlines, made all
postings and revision postings as required, had a 90 public review
period and a 14 final review period of the text. Here it is, please
bring it into law for the future of Nepal and for the freedom and
well-being of the citizens of Nepal. This is all that is needed, a
constitution. The citizens helped write this, together we can make
peace. I beg you, peace to Nepal, this constitution is the best we
have.
In late 2010 a citizen initiative project called
www.onlineconstitution.net was set up. The project was set up as a
backup to protect the country in case the elected members of the
Constituent Assembly fail to establish a constitution prior to the
deadline at midnight on May 28, 2011.
This is the final text of the constitution.
Both the 14 Day Final Public Review Period and the 90 day Public Review Period ended at the last wavelength of May 28th, 2011.
In the absence of any legally-ratified constitution for Nepal, this
constitution, the Constitution of Nepal, May 29, 2011, came into effect
at the first wavelength of the day to be known as May 29th, 2011 (NPT).
WWW.ONLINECONSTITUTION.NET is project whereby the citizens of Nepal have written a constitution online.
== What is the difference between a constitution and laws?
1) There must be a constitution in order for Nepal to exist as a democracy.
2) A constitution is the document that allows for the formation of the government
under the power of the people.
3) Laws are then passed by the government for the day to day running of the country.
4) A constitution, once in place, is fairly hard to change.
5) Laws are made and changed during every session of the elected assembly.
6) A constitution guarantees the Rights and Freedoms of all citizens.
7) A constitution tell the government what the government must do and what it cannot do.
8) The government must follow the rules written in the constitution.
9) The government cannot pass laws which disagree with the constitution.
10) The power to write a constitution belongs to the citizens of Nepal. ==
START TEXT - CONSTITUTION OF NEPAL, MAY 29, 2011
CONSTITUTION OF NEPAL, MAY 29, 2011
FINAL TEXT - posted 23:59 26 May 2011 (NPT)
1 Overview
Nepal is a free and independent country.
The United Nations' Declaration of Human Rights states, "The will of the
people shall be the basis of the authority of government."
1. In a democracy the people hold the power.
2. Together the people design a government and give it permission to run the country.
3. The people make the rules and decide what the government can and cannot do.
4. A constitution tells the rules that the government must follow.
All citizens of Nepal are invited to contribute their thoughts, ideas and words to this task.
And all citizens of Nepal are eligible to participate without discrimination.
2 May 29, 2011
Respect for one another, we the free people of Nepal come together peacefully
to form a union of individuals, and to put forth this constitution to establish an administrative system of government for our society.
In the absence of any legally-ratified constitution for Nepal, this
constitution shall take effect at the first wavelength of the day to be
known as May 29th, 2011.
3 Sovereignty
Nepal is a democratic country. The people hold the power.
4 Citizenship
All citizens are equal. All citizens are free. Slavery and indentured servitude are illegal in Nepal.
5 Form of Government
All citizens of Nepal are eligible to be elected to public office and to serve as a member of the Government of Nepal without distinction of any kind, including, but not limited to, age, race, colour, gender, sexual orientation, language, religion, political affiliation or opinion, national or social origin, economic status, property, birth or other status.
1. A government shall be formed to serve the people.
2. The Government of Nepal established by the authority of this constitution shall be empowered:
(1) to pass and rescind laws;
(2) to receive and to spend revenue on behalf of the citizens of Nepal;
(3) to approve international treaties, and to enact laws for the implementation of international treaties which have been ratified by the government established under this constitution;
(4) and to undertake actions for the day-to-day and ongoing administration of this democratic society.
3. The Government of Nepal established by the authority of this constitution shall pass no law nor undertake any action which contravenes this constitution or any section of it.
4. Head of Government: Guardian – elected by the people.
Any citizen can be chosen as our leader so we look to choose the best person we can find to lead the country.
The Guardian of Nepal shall be elected directly by the people in a 2 step national election.
First there shall be an open election where everyone's name is up for election.
Then there shall be a second election six weeks after the first election
wherein only the names of the top two candidates who received the most
votes in the first election shall be on the ballot.
From those two candidates, the citizens of Nepal will vote and choose one as Guardian of Nepal.
The Guardian must be a citizen of Nepal and any citizen of Nepal may be elected Guardian,
The Guardian may not serve as Guardian and be a member of the National
Assembly at the same time. Members of the National Assembly, if elected
as Guardian must resign his/her seat in the National Assembly in order
to be Guardian of Nepal.
The Guardian may not serve as Guardian and be Head of Military Command
at the same time. The Head of Military Command, if elected as Guardian
must resign his/her position as Head of Military Command in order to be
Guardian of Nepal.
The person elected as Guardian of Nepal shall serve a six year term and
cannot be elected Guardian more than two times, for a maximum total of
twelve years.
Guardian - Balance of Power
The Guardian cannot make constitutional amendments.
The Guardian may submit bills for consideration and vote by the National Assembly.
The Guardian cannot make laws and the Guardian cannot veto laws passed by the National Assembly;
The Guardian appoints the Supreme Court Justices who rule on the constitutionality of laws passed by the National Assembly.
The Guardian has line-item veto power over all money spending, budget and budget spending bills.
The Guardian can endorse and sign treaties on behalf of the People of
Nepal but the National Assembly must show the approval of 67 percent of
all the elected members of the National Assembly to approve treaties.
The Guardian appoints the Head of Military Command, based upon the
recommendations of the Members of the National Assembly, and the
approval of the Board of Advisors.
The Guardian does not have command of the Armed Forces. Armed military
combat operations shall only be authorized with a vote of approval by 67
percent of all elected members of the National Assembly; and with the
signature of consent of the Guardian of Nepal.
The Guardian has veto over any vote by the National Assembly giving
Authorization to Mobilize Armed Forces Personnel and Equipment to Engage
in Operations of National Defense and Military Combat.
The Guardian can be impeached on the recommendation of the National
Assembly , a trial of the evidence by the Supreme Court, a
recommendation of impeachment by the Supreme Court, and a 67 percent
vote of impeachment by the citizens of Nepal; the impeachment order is
enforceable by the Head of Military Command.
5. Board of Advisors – chosen by Guardian, approved by majority vote of National Assembly.
After the Guardian is elected, he or she shall choose twelve persons to serve as advisors on his/her Board of Advisors.
The Members of the Board of Advisors must be citizens of Nepal, and any citizen of Nepal may serve on the Board of Advisors.
The members of the Board of Advisors must be approved by a majority vote of the elected members of the National Assembly.
Members of the Board of Advisors may not serve on the Board of Advisors
and be Members of the National Assembly at the same time. A Member of
the National Assembly, if chosen to serve on the Board of Advisors must
resign his/her seat in the National Assembly in order to serve on the
Board of Advisors.
Members of the Board of Advisors may not serve on the Board of Advisors
and be Head of Military Command at the same time. The Head of Military
Command, if chosen to serve on the Board of Advisors must resign his/her
position as Head of Military Command in order to serve on the Board of
Advisors.
The Members of the Board of Advisors can serve up to six years at a
time. At the end of their term, if reappointed to serve on the Board of
Advisors, their appointment must again be approved by a majority vote of
the elected members of the National Assembly.
The Board of Advisors serve to assist the Guardian of Nepal and may be
removed, reassigned, or replaced, as per the needs of the Guardian.
The Board of Advisors is automatically dissolved whenever an election for Guardian is held.
6. National Assembly – elected by the people
The members of the National Assembly are elected directly by the people in a national election.
The members of the National Assembly must be citizens of Nepal, and any
citizen of Nepal may be elected to and serve in the National Assembly.
Members of the National Assembly may not be Members of the National
Assembly and serve on the Board of Advisors at the same time. A Member
of the Board of Advisors, if elected to the National Assembly must
resign his/her position on the Board of Advisors in order to take
his/her seat in the National Assembly.
Members of the National Assembly may not be members of the National
Assembly and be Head of Military Command at the same time. The Head of
Military Command, if elected to the National Assembly must resign
his/her position as Head of Military Command in order to take his/her
seat in the National Assembly.
In the National Assembly, all members are equal in power and
responsibility. Each member has the right to speak and each member shall
have one vote to cast on every matter brought before the assembly for
consideration. No member shall have greater power or voice than any
other member.
The National Assembly shall convene for a four year term. The National
Assembly may serve its full term. The National Assembly may not serve
longer than the full term set out in this constitution.
Elections for the National Assembly shall be held every four years as set out in the section "Schedule for Elections to be Held"
National Assembly - Balance of Power
The National Assembly cannot pass constitutional amendments.
The National Assembly can give endorsement to constitutional amendments
but does not have the authority to make any changes to the constitution.
The National Assembly can pass and rescind laws.
Every Member of the National Assembly may submit bills for consideration and vote by the National Assembly.
The National Assembly can pass and rescind laws only after following standard-process Public Review Procedures.
The National Assembly can prepare and pass a national budget and pass
laws putting in place procedures to receive and to spend revenue on
behalf of the citizens of Nepal.
The budget must be balanced over a two-year budget cycle. The budget
for each successive following year must be presented to the Speaker of
the National Assembly on or before April 30th each year and passed by
September 1st.
In the event that the budget has not been passed by a 67 per cent vote
of Members of the National Assembly and given to the Guardian by
September 1st of each year, each member of the National Assembly shall
forfeit his/her salary for the remaining four months of the calendar
year.
The Guardian has veto power over all money spending, budget and budget spending bills.
The National Assembly cannot override any money spending, budget and budget spending veto by the Guardian.
The citizens of Nepal hold veto power over all laws, money spending,
budget and budget spending bills passed by the National Assembly.
The National Assembly cannot veto, make changes to, or rescind any
constitutional amendments passed by the citizens in a referendum;
and the National Assembly cannot override any veto of laws or government
decisions passed by Citizen Initiative ballot questions in a
referendum;
however, the National Assembly can make changes to, and/or rescind any
law passed by Citizen Initiative ballot questions in a referendum.
The National Assembly must show the approval of 67 percent of all the
elected members of the National Assembly to pass and rescind laws and to
pass all money spending, budget and budget spending bills.
The National Assembly must show the approval of 67 percent of all the
elected members of the National Assembly to approve and ratify treaties;
the Guardian can endorse and sign treaties.
The National Assembly does not have command of the Armed Forces. Armed
military combat operations shall only be authorized with a vote of
approval by 67 percent of all elected members of the National Assembly;
and with the signature of consent of the Guardian of Nepal.
The National Assembly cannot override any veto by the Guardian of a vote
by the National Assembly giving Authorization to Mobilize Armed Forces
Personnel and Equipment to Engage in Operations of National Defense and
Military Combat.
The National Assembly has the jurisdiction to define which persons by
fact of birthplace, family relationship or residency are Citizens of
Nepal; and to define the process whereby non-citizens of Nepal may
acquire citizenship of Nepal.
Members of the national assembly may be impeached.
7. Speaker of National Assembly – chosen by a 67 percent vote of all the elected Members of the National Assembly.
The Speaker of the National Assembly must be an elected member of the
National Assembly, and any member of the National Assembly may be
elected to serve as the Speaker of the National Assembly.
8. If the Guardian is unable to complete his/her full term of duty as a result of resignation or death, the Speaker of the National Assembly shall become Interim Guardian until a National Election is held to fill the position of Guardian; and the election for Guardian must be carried out within six months of the resignation or death of the previous guardian. The Speaker shall, upon taking the position of Interim Guardian, simultaneously resign his/her position as Speaker of the National Assembly and as Member of the National Assembly.
9. Auditor-General -- An independent auditor known as the Auditor-General shall be appointed by the Supreme Court of Nepal.
The Auditor-General, through the Constitutional Court of the Supreme
Court, shall have full powers of subpoena, warrant, arrest, and search,
as allowed for and to the extent that they are restricted by law.
The Auditor-General shall hold the responsibility for auditing all government financial accounts on a yearly basis.
The Auditor-General shall be independent in his/her responsibilities,
answerable only to the National Assembly as a whole and to the People of
Nepal.
The Auditor-General shall serve for a period of ten years. The
Auditor-General can only serve one term of office and cannot be
re-appointed for a second or subsequent term.
The Auditor-General can only be removed from his/her position by a 67
percent vote of all the elected Members of the National Assembly along
with a 67 percent vote of the Board of Advisors and the signature of the
Guardian of Nepal.
Auditor-General - Balance of Power
The Auditor-General cannot make constitutional amendments.
The Auditor-General cannot pass and rescind laws.
The Auditor-General cannot submit bills for consideration and vote by the National Assembly.
The Auditor-General cannot veto laws passed by the National Assembly.
The Auditor-General has no spending authority.
The Auditor-General shall be appointed by the Supreme Court of Nepal.
The Auditor-General serves under the authority of the Supreme Court.
The Auditor-General, through the Constitutional Court of the Supreme
Court, shall have full powers of subpoena, warrant, arrest, and search,
as allowed for and to the extent that they are restricted by law.
The Auditor-General shall hold the authority for auditing all government financial accounts on a yearly basis.
10. The authority of the police shall be granted, governed, and limited
to the power and authority granted to them by the POLICE ACT OF NEPAL as
passed into law by a 67 percent vote of all the elected Members of the
National Assembly and signed into law by the Guardian of Nepal.
The police do not possess, cannot claim, and shall not exercise any
power or authority not expressly given to them by the POLICE ACT OF
NEPAL.
The police may not under any circumstances, at any time or in any place,
violate the provisions of this constitution, including but not limited
to, the Rights and Freedoms of All Citizens.
11. A Police Review Board shall be established under the direction of the Guardian of Nepal. It shall consist of five appointed citizens who are not employees of any police department in Nepal and who neither have nor had any police officers in their immediate family (spouse, child, brother, sister, brother-in-law, sister-in-law, or parent).
The Police Review Board shall be empowered to receive from citizens,
complaints and reports of abuse of power by police officers, and/or
complaints and reports of the use of excessive force or violence by
police officers.
The Police Review Board shall be empowered to investigate these
complaints and reports. In all cases the Police Review Board shall be
required to file a Report of Findings with the Judiciary of the
Constitutional Court.
In cases where there is sufficient evidence to suggest or establish
probable cause that the officer or officers under investigation had
violated the criminal code of Nepal or other laws of Nepal, the Police
Review Board shall file a Report of Findings with the Judiciary of the
Constitutional Court with a recommendation that the case be brought
before the Courts for trial.
The Judiciary of the Constitutional Court shall have the powers to
remove any officer under investigation from duty, to order his arrest
and to order him or her brought before the Judiciary of the Criminal
Court for a trial and punishment by due process of law based upon the
evidence in an open and fair trial according to international standards
of justice.
The duty of the Police Review Board is to ensure that as an impartial
oversight body they will investigate all cases where citizens file a
report of police abuse of authority or the use of excessive force or
violence by police officers.
In all matters, police officers shall be subject to the the same laws and justice as all other citizens.
The members of the Police Review Board shall be appointed by the
Guardian of Nepal with the approval of the Board of Advisors. Each
member of the Police Review Board shall serve a two year term. Each
person appointed to the Police Review Board may serve no more than two
terms on the Board and cannot be reappointed for subsequent terms.
6 Judiciary
1. Constitutional Court:
(1) to rule on the constitutionality of laws passed by the government
and to strike down any laws which are not in conformity with the
constitution.
(2) to make rulings interpreting the constitution in cases where lower
courts hold conflicting interpretations of the constitution as applied
to cases before the courts.
(3) to receive and review all Reports of Findings issued by the Police
Review Board and, in cases where there is sufficient evidence to suggest
or establish probable cause that the officer or officers under
investigation had violated the criminal code of Nepal or other laws of
Nepal, the Constitutional Court shall have the powers to remove the
officer or officers under investigation from duty, to order his/her
arrest and to order him or her brought before the Judiciary of the
Criminal Court for a trial and punishment by due process of law based
upon the evidence in an open and fair trial according to international
standards of justice.
In all cases brought before the Courts by the Police Review Board, individuals who have been found guilty by the Criminal Court may seek leave to appeal the verdict to a higher court.
Verdicts from the Criminal Court may be appealed to the Court of Appeal. Verdicts from the Court of Appeal may be appealed to the Supreme Court of Nepal.
Three or more Justices of the Supreme Court of Nepal must agree, based upon the constitutionality or merits of the case, to hear an appeal before a case may be brought before the full bench of the Supreme Court of Nepal.
The Supreme Court of Nepal shall be the final arbiter in any case.
(4) In all matters before the Constitutional Court, the Judiciary shall
follow due process of law in an open and fair trial according to
international standards of justice.
(5) In all matters before the Constitutional Court, the Government may
seek leave to appeal the verdict to the full bench of the Supreme Court
of Nepal.
(6) No case shall be tried in secret nor shall any trial or hearing be
closed to members of the public or to representatives or employees of
news media organizations.
(7) All Constitutional Court rulings and verdicts shall be open public records.
(8) Cases in the Constitutional Court shall be heard before three Supreme Court Judges.
2. Criminal Court:
(1) to hear evidence against individuals charged by the government for violating statutes of the criminal code.
(2) to declare a verdict of guilt or innocence based upon the evidence and witnesses in such cases.
(3) to determine fair and equitable penalties in such cases wherein a
verdict of guilty has been determined by the Court based upon the
evidence.
(4) In all cases of Criminal Justice, all legal rights of the accused
shall be upheld, including all legal rights delineated in this
constitution and the legal rights guaranteed within the international
treaties to which Nepal is a signatory member.
(5) In all cases before the Criminal Court, the accused shall be placed
before the Judiciary for trial and punishment by due process of law in
an open and fair trial according to international standards of justice.
(6) In all cases, individuals who have been found guilty by the Criminal
Court may seek leave to appeal the verdict to a higher court.
Verdicts from the Criminal Court may be appealed to the Court of Appeal. Verdicts from the Court of Appeal may be appealed to the Supreme Court of Nepal.
Three or more Justices of the Supreme Court of Nepal must agree, based upon the constitutionality or merits of the case, to hear an appeal before a case may be brought before the full bench of the Supreme Court of Nepal.
The Supreme Court of Nepal shall be the final arbiter in any case.
(7) In no case shall any accused be tried in secret nor shall any trial
or hearing be closed to members of the public or to representatives or
employees of news media organizations.
(8) All Criminal Court rulings and verdicts shall be open public records.
(9) Cases in the Criminal Court shall be heard before one Criminal Court Judge.
3. Civil Court:
(1) shall be the Court of Dispute Resolution, to settle disputes,
disagreements, claims of wrong-doing or damages, contract settlements,
and other matters to be resolved between two or more individuals.
(2) shall be the Court of Dispute Resolution and Claims of Compensation,
to settle disputes, disagreements, claims of wrong-doing or damages,
claims for compensation, contract settlements, and other matters to be
resolved wherein one or more citizen has brought a complaint or
grievance against the Government of Nepal.
(3) In all cases before the Court, the Judiciary shall follow due
process of law in an open and fair hearing according to international
standards of justice.
(4) In all matters before the Civil Court, individuals may seek leave to appeal the verdict to a higher court.
Verdicts from the Civil Court may be appealed to the Court of Appeal. Verdicts from the Court of Appeal may be appealed to the Supreme Court of Nepal.
Three or more Justices of the Supreme Court of Nepal must agree, based upon the constitutionality or merits of the case, to hear an appeal before the case may be brought before the full bench of the Supreme Court of Nepal.
The Supreme Court of Nepal shall be the final arbiter in any case.
(5) No case shall be tried in secret nor shall any trial or hearing be
closed to to members of the public or to representatives or employees of
news media organizations.
(6) All Civil Court rulings and verdicts shall be open public records.
(7) Cases in the Civil Court shall be heard before one Civil Court Judge.
(8) Cases in the Civil Court wherein a citizen has brought a complaint
or grievance against the Government of Nepal shall be heard before three
Civil Court Judges.
4. Court of Appeal:
(1) All Criminal Court cases and all Civil Court cases may be appealed to the Court of Appeal for a hearing.
(2) In all cases of Criminal Justice, all legal rights of the accused
shall be upheld, including all legal rights delineated in this
constitution and the legal rights guaranteed within the international
treaties to which Nepal is a signatory member.
(3) In all cases before the Court of Appeal, the Judiciary shall follow
due process of law in an open and fair hearing according to
international standards of justice.
(4) In all matters before the Court of Appeal, individuals may seek leave to appeal the verdict to the Supreme Court of Nepal.
Three or more Justices of the Supreme Court of Nepal must agree, based upon the constitutionality or merits of the case, to hear an appeal before the case may be brought before the full bench of the Supreme Court of Nepal.
The Supreme Court of Nepal shall be the final arbiter in any case.
(5) No case before the Court of Appeal shall be tried in secret nor
shall any trial or hearing be closed to members of the public or to
representatives or employees of news media organizations.
(6) All Court of Appeal rulings and verdicts shall be open public records.
(7) Cases in the Court of Appeal shall be heard before three Appeal Court Judges.
5. Supreme Court:
(1) to hear appeals from the Constitutional Court and the Court of Appeal.
Three or more Justices of the Supreme Court of Nepal must agree, based upon the constitutionality or merits of the case, to hear an appeal before the case may be brought before the full bench of the Supreme Court of Nepal.
(2) In all cases of Criminal Justice appealed to the Supreme Court, all
legal rights of the accused shall be upheld, including all legal rights
delineated in this constitution and the legal rights guaranteed within
the international treaties to which Nepal is a signatory member.
(3) In all cases before the Supreme Court, the Judiciary shall follow
due process of law in an open and fair hearing according to
international standards of justice.
(4) The Supreme Court of Nepal shall be the final arbiter in any case.
(5) No case before the Supreme Court shall be tried in secret nor shall
any trial or hearing be closed to members of the public or to
representatives or employees of news media organizations.
(6) All Supreme Court rulings and verdicts shall be open public records.
(7) The Supreme Court shall comprise of Seven Supreme Court Judges.
(8) Cases in the Supreme Court shall be heard before seven Supreme Court Judges.
6. Justices of the Supreme Court of Nepal, Criminal Court Judges, Civil Court Judges, and Court of Appeal Judges, Court officials and employees of the Courts shall receive compensation for their services as determined by vote of the National Assembly.
7. Justices of the Supreme Court of Nepal, Criminal Court Judges, Civil Court Judges, and Court of Appeal Judges, Court officials and employees of the Courts are prohibited from using state money or resources for personal use or gain.
Any Court Judge, Justice, Representative, Official or employee of the Courts found to be using state money or resources for personal use or gain shall be removed from his/her position and placed before a judiciary panel of seven judges chosen by the Justices of the Supreme Court of Nepal and approved by the Guardian of Nepal and the Board of Advisors for trial and punishment by due process of law in an open and fair trial according to international standards of justice.
8. It shall be illegal for an person to offer or cause to be given any bribe or any other compensation to any Justice of the Supreme Court of Nepal, Criminal Court Judge, Civil Court Judge, or Court of Appeal Judge, Court official or employee of the Court for the carrying out of his/her duties or for the intent of influencing or altering his/her decisions and actions in the carrying out of his/her duty.
9. It shall be illegal for any Justice of the Supreme Court of Nepal, Criminal Court Judge, Civil Court Judge, or Court of Appeal Judge, Court official or employee of the Court to receive or seek to receive a bribe or other compensation from any person for the carrying out of his/her duties or to influence and alter his/her decisions and actions in the carrying out of his/her duty.
Any Court Judge, Justice, Representative, Official or employee of the Courts found to have received or to have sought to receive a bribe or other compensation from any person for the carrying out of his/her duties or to influence and alter his/her decisions and actions in the carrying out of his/her duty, shall be removed from his/her position and placed before a judiciary panel of seven judges chosen by the Justices of the Supreme Court of Nepal and approved by the Guardian of Nepal and the Board of Advisors for trial and punishment by due process of law in an open and fair trial according to international standards of justice.
10. The Courts and Judiciary shall be responsible to ensure fairness, equality and justice are present within all laws, all actions of the government and in any matter of concern between individuals which is brought before the Court to be adjudicated.
11. The Courts and Judiciary shall be independent in all trials, hearings, proceedings, judgements, verdicts, and rulings.
12. With the exception of the democratic due process of appointing judges to the bench as outlined in this constitution, no action or decision of the Courts shall be subject to political or external approval or influence of any kind.
13. Judges shall be chosen and appointed by the Guardian of Nepal.
14. Judges shall be chosen and appointed by the Guardian of Nepal after careful consideration, looking for candidates in whom fairness, equality and justice are present in their lives.
15. Judiciary - permanent residency appointments
Supreme Court Judges shall be appointed for life unless impeached for breaking the laws of this constitution or the laws created by the government under this constitution.
16. Judiciary - Balance of Power
The Constitution is established under the authority of the People of Nepal
The Supreme Court uses the constitution as the standard to judge the
constitutionality of the laws passed by the National Assembly.
The Supreme Court may not enact laws
The Supreme Court may not submit bills for consideration and vote by the National Assembly.
The Guardian appoints the judges.
The Judiciary is independent of oversight by the Guardian or the National Assembly.
The politically independent Supreme Court oversees elections.
The politically independent Supreme Court appoints the Auditor-General.
The Supreme Court has jurisdiction over the granting and recognition of citizenship.
The Judiciary answers to the constitution and to the people.
7 Elections
1. All citizens of Nepal are eligible to vote.
2. All citizens of Nepal are eligible to be elected to public office and to serve in public office within the Government of Nepal without distinction of any kind, including, but not limited to, age, race, colour, gender, sexual orientation, language, religion, political affiliation or opinion, national or social origin, economic status, property, birth or other status.
3. The political will of the Citizens of Nepal shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures, for the peaceful change of governments from time to time.
4. A citizen's vote, ballot and right to vote cannot be bought, sold, traded, offered, or compensated for; nor can a citizen's vote, ballot and right to vote be assigned to another person.
5. One person, one vote.
8 Schedule for Elections to be Held
1. A National election must be held to elect the Guardian of Nepal once every six years.
The Guardian of Nepal shall be elected directly by the people in a 2 step national election.
First there shall be an open election where everyone's name is up for election.
Then there shall be a second election six weeks after the first election
wherein only the names of the top two candidates who received the most
votes in the first election shall be on the ballot.
From those two candidates, the citizens of Nepal will vote and choose one as Guardian of Nepal.
In the event of death or resignation of the Guardian of Nepal, an
election shall be held within six months of the death or resignation to
select a new Guardian.
2. A National election must be held to elect the Members of the National Assembly once every four years.
In the event of a death or resignation of a Member of the National
Assembly, an election shall be held within six months of the death or
resignation to select his/her replacement in the National Assembly for
the remainder of the term.
3. The first election election for Guardian must be held within six months following the legal establishment of this constitution in law.
4. The first election election for Members of the National Assembly must be held within six months following the legal establishment of this constitution in law.
5. The first order of business of the first sitting of the first session of the National Assembly shall be to set the election date for the next election to be held in the calendar year four years hence from the date.
Thereafter, every subsequent election shall be held on the same date.
This provision of the constitution shall remain unchanged and unchangeable.
9 Armed Forces
1. The Armed Forces serve the people and defend and protect Nepal.
2. The right to serve in the Armed Forces of Nepal shall be based upon Standards of Professional Military Conduct, as determined by the Head of Military Command.
3. All citizens of Nepal are eligible to apply for service in and to serve in the Armed Forces without distinction of any kind, including, but not limited to, race, colour, gender, sexual orientation, language, religion, political affiliation or opinion, national or social origin, economic status, property, birth or other status.
4. The Assignment of Duties, and the Rank and Promotion of Military Personnel within the Armed Forces shall be based solely upon merit and performance of duty, without prejudice of any kind, including, but not limited to, age, race, colour, gender, sexual orientation, language, religion, political affiliation or opinion, national or social origin, economic status, property, birth or other status.
5. The Assignment of Duties, and the Rank and Promotion of Military Personnel within the Armed Forces shall be solely the responsibility of the Head of Military Command, not subject to political or external approval or influence.
6. The Head of Military Command shall be appointed by the Guardian of Nepal based upon the recommendations of the Members of the National Assembly, and the appointment shall be subject to the approval of the Board of Advisors.
7. The Head of Military Command shall be selected from among the ranks of Military Officers within the active duty Armed Forces.
8. The rank of Head of Military Command shall be the Senior Ranking Officer in the Armed Forces.
9. The Head of Military Command may not be Head of Military Command and serve as Guardian of Nepal at the same time.
10. The Head of Military Command may not be Head of Military Command and serve on the Board of Advisors at the same time. A Member of the Board of Advisors, if chosen to serve as the Head of Military Command must resign his/her position on the Board of Advisors in order to serve as Head of Military Command.
11. The Head of Military Command may not be Head of Military Command and be a member of the National Assembly at the same time. A Member of the National Assembly, if chosen to serve as the Head of Military Command must resign his/her seat in the National Assembly in order to serve as Head of Military Command.
12. There shall remain in force perpetually-standing authorization to mobilize Armed Forces personnel and equipment to assist in the rescue and relief operations during times of natural disasters and other events which imperil the life and safety of citizens of Nepal. Such mobilization shall be effected by a request for assistance delivered from the Guardian of Nepal to the Head of Military Command.
13. Authorization to Mobilize Armed Forces Personnel and Equipment to Engage in Operations of National Defense and Military Combat shall be derived from the following conditions and actions:
Armed military combat operations shall only be authorized for:
(1) the defense of Nepal,
and
(2) the fulfillment of International peacekeeping obligations under the authority and direction of the United Nations.
14. Armed military combat operations shall only be authorized with a vote of approval by 67 percent of all elected members of the National Assembly; and with the signature of consent of the Guardian of Nepal.
The Guardian has veto over any vote by the National Assembly giving
Authorization to Mobilize Armed Forces Personnel and Equipment to Engage
in Operations of National Defense and Military Combat.
15. Following the approval by the National Assembly and the Guardian of Nepal for Authorization to Mobilize Armed Forces Personnel and Equipment to Engage in Operations of National Defense and Military Combat, such mobilization shall be effected by a written request for assistance delivered from the Guardian of Nepal to the Head of Military Command.
16. Restrictions:
(1) Authorization to Mobilize Armed Forces Personnel and Equipment to
Engage in Operations of National Defense and Military Combat may not,
under the authority of this Constitution, be approved under any
circumstances at any time for armed military combat operations against
any citizen of Nepal.
(2) Authorization to Mobilize Armed Forces Personnel and Equipment to
Engage in Operations of National Defense and Military Combat may not,
under the authority of this Constitution, be approved under any
circumstances at any time for armed military combat operations wherein
Nepal Armed Forces Service Personnel are placed under the laws of any
foreign government or the command of any foreign military or the command
of any foreign military commander, excepting when participating in
International peacekeeping obligations under the authority and direction
of the United Nations, as authorized by the United Nations, the
National Assembly of Nepal and the Guardian of Nepal.
(3) No foreign troops and no private-for-hire paramilitary security
personnel or mercenaries may operate within Nepal Sovereign Territory or
Airspace without the expressed consent of the people of Nepal as
expressed through a vote of referendum.
(4) Armed military combat operations should only be entered into after
serious consideration of the consequences and costs, both human and
economic.
and
(5) Armed military combat operations should only be entered into with the support of the citizens of Nepal.
17. Armed Forces - Balance of Power
The Armed Forces may not submit bills for consideration and vote by the National Assembly.
The Guardian does not have command of the Armed Forces.
The National Assembly does not have command of the Armed Forces.
The Head of Military Command shall be appointed by the Guardian of Nepal
based upon the recommendations of the Members of the National Assembly,
and the appointment shall be subject to the approval of the Board of
Advisors.
Armed military combat operations can only be authorized with a vote of
approval by 67 percent of all elected members of the National Assembly;
and with the signature of consent of the Guardian of Nepal.
The Guardian has veto over any vote by the National Assembly giving
Authorization to Mobilize Armed Forces Personnel and Equipment to Engage
in Operations of National Defense and Military Combat
Authorization to Mobilize Armed Forces Personnel and Equipment to Engage
in Operations of National Defense and Military Combat may not, under
the authority of this Constitution, be approved under any circumstances
at any time for armed military combat operations against any citizen of
Nepal.
Authorization to Mobilize Armed Forces Personnel and Equipment to Engage
in Operations of National Defense and Military Combat may not, under
the authority of this Constitution, be approved under any circumstances
at any time for armed military combat operations wherein Nepal Armed
Forces Service Personnel are placed under the laws of any foreign
government or the command of any foreign military or the command of any
foreign military commander, excepting when participating in
International peacekeeping obligations under the authority and direction
of the United Nations, as authorized by the United Nations, the
National Assembly of Nepal and the Guardian of Nepal.
No foreign troops and no private-for-hire paramilitary security
personnel or mercenaries may operate within Nepal Sovereign Territory or
Airspace without the expressed consent of the people of Nepal as
expressed through a vote of referendum.
10 Rights And Freedoms of All Citizens
All citizens of Nepal are free and equal in dignity, rights and freedoms.
In the free exercise of a person's rights and freedoms, one may not deprive another person of their rights and freedoms.
Any action that, in any way, curtains the full equality of every
citizen, or the full rights and freedoms of any person, may be
enforceably restricted by law.
All citizens of Nepal are entitled to the following rights and freedoms
equally, without distinction of any kind, including, but not limited to,
age, race, colour, gender, sexual orientation, language, religion,
political or other opinion, mental capacity, national or social origin,
economic status, property, birth or other status:
1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
2. Everyone has the right to liberty and security of person; the right to a life of peace, free from fear, violence or intimidation.
3. Every person has the right to freedom of movement within Nepal.
4. No person can be restricted in their movements nor confined against their will within any building or structure, by any person for any reason, except as allowed for under the law by order of the judiciary following due process of law in an open and fair trial according to international standards of justice.
5. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
6. Everyone has the right to freedom of peaceful assembly.
7. Everyone has the right to freedom of association with others.
8. In Nepal, ethnic, religious and linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
9. Any advocacy of hatred based upon age, race, colour, gender, sexual orientation, language, religion, political or other opinion, mental capacity, national or social origin, economic status, property, birth or other status that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
10. Everyone has the right to the protection of the law against such interference or attacks.
11. Everyone has the right to recognition as a person before the law.
12. Every person shall have the freedom to love whomever they choose without discrimination, and the choice of one's love shall not be a justification for any hatred or act of violence towards that person nor any other person.
13. All persons of full age, without any limitation due to race, nationality, religion, social order, gender, or sexual orientation have the right to marry. Such individuals are entitled to equal rights as to marriage, during marriage and at its dissolution.
14. Marriage shall be entered into only with the free and full consent of the intending spouses.
15. Every person has the right to leave Nepal and the right to return to Nepal.
16. No one shall be held in slavery or servitude; slavery and the slave trade, including human trafficking, indentured servitude, and sexual bondage shall be prohibited in all their forms.
17. No one shall be required to perform forced or compulsory labour.
18. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
19. No one shall be subjected without his free consent to medical or scientific experimentation.
20. Every human being has the inalienable right to self-sovereignty over his/her own consciousness.
21. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
22. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
23. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas of all kinds through any media and regardless of frontiers; the right to know and the right to communicate.
24. Any propaganda for war or for the advocation of violence shall be prohibited by law.
25. The citizens of Nepal have the right of self-determination. By virtue of that right they freely determine their political status. The will of the people shall be the basis of the authority of government.
26. Everyone has the right to take part in the government of the country and to take part in the conduct of public affairs, directly or through freely chosen representatives.
27. Everyone has the right to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.
28. Everyone has the right to have access, on general terms of equality, to public and government services .
29. Everyone has the right to form and/or freely join political parties.
30. Everyone has the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and the government established by this constitution shall take appropriate steps to safeguard this right.
31. Everyone has the right to the enjoyment of just and favourable conditions of work which ensure, in particular:
(1) Remuneration which provides all workers, as a minimum, with:
(a.) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;
(b) A decent living for themselves and their families;
(2) Safe and healthy working conditions;
(3) Equal opportunity for everyone to be promoted in his employment to
an appropriate higher level, subject to no considerations other than
those of seniority and competence;
(4) Rest, leisure and reasonable limitation of working hours and
periodic holidays with pay, as well as remuneration for public holidays.
32. Everyone has the right to form trade unions and/or freely join trade unions for the protection of his/her interests, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;
The right of trade unions to establish national federations or
confederations and the right of the latter to form or join international
trade-union organizations;
The right of trade unions to function freely subject to no limitations
other than those prescribed by law and which are necessary in a
democratic society in the interests of national security or public order
or for the protection of the rights and freedoms of others;
The right to strike, provided that it is exercised in conformity with the laws of the particular country.
This article shall not prevent the imposition of lawful restrictions on
the exercise of these rights by members of the armed forces or of the
police.
33. Everyone has the right to an adequate standard of living for himself/herself and his/her family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
34. Everyone has the fundamental right to be free from hunger.
35. Everyone has the fundamental right to an adequate supply of safe drinking water.
36. All citizens have the right to education:
(1) Primary education shall be compulsory and available free to all;
(2) Secondary education in its different forms, including technical and
vocational secondary education, shall be made generally available and
accessible to all by every appropriate means, and in particular by the
progressive introduction of free education;
(3) Higher education shall be made equally accessible to all, on the
basis of capacity, by every appropriate means, and in particular by the
progressive introduction of free education;
(4) Fundamental education shall be encouraged or intensified as far as
possible for those persons who have not received or completed the whole
period of their primary education;
(5) The development of a system of schools at all levels shall be
actively pursued, an adequate fellowship system shall be established,
and the material conditions of teaching staff shall be continuously
improved.
37. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his/her liberty except on such grounds and in accordance with such procedure as are established by law.
38. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his/her arrest and shall be promptly informed of any charges against him.
39. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
40. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his/her detention and order his release if the detention is not lawful.
41. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
42. No one shall be subjected to arbitrary arrest, detention or exile.
43. All persons deprived of their liberty by due process of law shall be treated with humanity and with respect for the inherent dignity of the human person.
44. All are equal before the law and are entitled without any discrimination to equal access to and protection of the law.
45. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.
46. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.
47. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:
(1) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;
(2) To have adequate time and facilities for the preparation of his
defence and to communicate with counsel of his own choosing;
(3) To be tried without undue delay;
(4) To be tried in his presence, and to defend himself in person or
through legal assistance of his own choosing; to be informed, if he does
not have legal assistance, of this right; and to have legal assistance
assigned to him, in any case where the interests of justice so require,
and without payment by him in any such case if he does not have
sufficient means to pay for it;
(5) To examine, or have examined, the witnesses against him and to
obtain the attendance and examination of witnesses on his behalf under
the same conditions as witnesses against him;
(6) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
(7) Not to be compelled to testify against himself or to confess guilt.
48. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.
49. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.
50 . No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.
51. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.
52. (1) Any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(2) Any person claiming such a remedy shall have his right thereto
determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the
legal system of the State, and to develop the possibilities of judicial
remedy;
(3) The State shall ensure that the competent authorities shall enforce such remedies when granted.
53. All citizens shall have the right to access all government records and materials, and to seek and receive information from government employees.
54. All citizens shall have the right to access all government services.
55. Rights and Freedoms of All Citizens - Balance of Power
The citizens can amend the constitutional once every four years.
The citizens can elect the Guardian.
The citizens can elect the Members of the National Assembly.
The citizens can submit bills for consideration and vote by the National Assembly.
The citizens can pass and rescind laws.
The citizens can remove the Guardian by following due process.
The citizens can veto any law or override any government decision via Citizen Initiative ballot questions.
The citizens can veto all money spending, budget and budget spending bills.
The citizens can veto or rescind international treaties via Citizen Initiative ballot questions or referendum.
The National Assembly cannot veto, make changes to, or rescind any
constitutional amendments passed by the citizens in a referendum;
and the National Assembly cannot override any veto of laws or government
decisions passed by Citizen Initiative ballot questions in a
referendum;
however, the National Assembly can make changes to, and/or rescind any
law passed by Citizen Initiative ballot questions in a referendum.
11 Duties and Limitations of Government
List what the government must do and what it cannot do:
1. Elected representatives of the people, appointed officials of the government and employees of the state shall receive compensation for their services as determined by vote of the National Assembly.
2. Elected representatives of the people, appointed officials of the government and employees of the state are prohibited from using state money or resources for personal use or gain. Any elected representative, appointed official or state employee found to be using state money or resources for personal use or gain shall be arrested and placed before the judiciary for a trial and punishment by due process of law in an open and fair trial according to international standards of justice.
3. It shall be illegal for a person to offer or cause to be given any bribe or any other compensation to any elected representative of the people, appointed official of the government or employee of the state for the carrying out of his/her duties or for the intent of influencing or altering his/her decisions and actions in the carrying out of his/her duty.
Any person found to have offered, paid or caused to be given any bribe
or any other compensation to any elected representative of the people,
appointed official of the government or employee of the state for the
carrying out of his/her duties or for the intent of influencing or
altering his/her decisions and actions in the carrying out of his/her
duty shall be arrested and placed before the judiciary for a trial and
punishment by due process of law in an open and fair trial according to
international standards of justice.
4. It shall be illegal for any elected representative of the people, appointed official of the government or employee of the state to receive or seek to receive a bribe or other compensation from any person for the carrying out of his/her duties or to influence and alter his/her decisions and actions in the carrying out of his/her duty.
Any elected representative, appointed official or state employee found
to have received or to have sought to receive a bribe or other
compensation from any person for the carrying out of his/her duties or
to influence and alter his/her decisions and actions in the carrying out
of his/her duty shall be arrested and placed before the judiciary for a
trial and punishment by due process of law in an open and fair trial
according to international standards of justice.
5. The Government under the direction of the Guardian shall maintain tight controls over all government financial, budgetary and monetary matters.
(1) There shall be open public accounts of all government income and expenditures.
(2) There shall be open public accounts of all income and expenditures by elected persons.
(3) There shall be open public accounts of all income and expenditures by government departments.
(4) There shall be open public accounts of all income and expenditures by appointed officials.
The National Assembly must prepare and pass an annual national budget
and pass laws putting in place procedures to receive and to spend
revenue on behalf of the citizens of Nepal.
The budget must be balanced over a two-year fiscal budget cycle.
The government may not pass a deficit budget without the expressed
consent of the people as expressed by a vote of 67 percent vote of
approval in a referendum ballot.
The budget for each successive following year must be presented to the
Speaker of the National Assembly on or before April 30th each year and
passed by September 1st.
In the event that the budget has not been passed by a 67 per cent vote
of Members of the National Assembly and given to the Guardian by
September 1st of each year, each member of the National Assembly shall
forfeit his/her salary for the remaining four months of the calendar
year.
The Guardian has line-veto power over all money spending, budget and budget spending bills.
The National Assembly cannot override any money spending, budget and budget spending veto by the Guardian.
The citizens of Nepal hold veto power over all laws, money spending,
budget and budget spending bills passed by the National Assembly.
The Auditor-General shall conduct an annual public audit of all public accounts, financial records, and income and expenditures.
The Auditor-General shall table his/her report in the National Assembly.
The report shall be due on January 1st each calendar year or at the
first sitting of the National Assembly thereafter; and
The Auditor-General's report shall be published in an open and
transparent process, available for examination by all citizens, all
representatives or employees of news media organizations, and all
elected representatives.
6. Any person or persons attempting to influence the actions or duties of the Auditor-General, or any person or persons attempting to conceal any financial or government transactions from the Auditor-General shall be arrested and presented before the judiciary for a trial and punishment by due process of law in an open and fair trial according to international standards of justice.
7. It shall be illegal for an person to offer or cause to be given any bribe or any other compensation to any police officer in Nepal for the carrying out of his/her duties or for the intent of influencing or altering his/her decisions and actions in the carrying out of his/her duty.
Any person found to have offered, paid or caused to be given any bribe
or any other compensation to any police officer in Nepal for the
carrying out of his/her duties or for the intent of influencing or
altering his/her decisions and actions in the carrying out of his/her
duty shall be arrested and placed before the judiciary for a trial and
punishment by due process of law in an open and fair trial according to
international standards of justice.
8. It shall be illegal for any police officer in Nepal to receive or seek to receive a bribe or other compensation from any person for the carrying out of his/her duties or to influence and alter his/her decisions and actions in the carrying out of his/her duty.
Any police officer in Nepal found to have received or to have sought to
receive a bribe or other compensation from any person for the carrying
out of his/her duties or to influence and alter his/her decisions and
actions in the carrying out of his/her duty shall, under the authority
of the Constitutional Court, be removed from duty, arrested and placed
before the judiciary for a trial and punishment by due process of law in
an open and fair trial according to international standards of justice.
9. The Government of Nepal shall enact no law the penalty for violation of which is death. Capital punishment shall be illegal throughout all of Nepal.
10. The government shall enact special measures of protection and assistance on behalf of all children and young persons without any discrimination. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development shall be punishable by law. The National Assembly shall also set age limits below which the paid employment of child labour should be prohibited and punishable by law.
11. The government shall improve all aspects of environmental and industrial hygiene.
12. The government shall be responsible for the prevention, treatment and control of epidemic, endemic, occupational and other diseases.
13. The government shall create the political, economic and social structure in which medical service and medical attention in the event of sickness shall be assured to all citizens, without discrimination of any kind.
14. Because all citizens have the right to education, the government shall ensure that:
(1) Primary education shall be compulsory and available free to all;
(2) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;
(3) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;
(4) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;
(5) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.
15. The government shall undertake within one year, to work out and adopt a detailed plan of action for the immediate implementation of compulsory primary education, free of charge for all, to be fully implemented within three years.
16. The government shall establish the Nepal National Internet Education Network as an educational broadcast network for the education of students throughout Nepal; the Nepal National Internet Education Network shall by all reasonable efforts be fully operational within 18 months of the establishment of this constitution into law.
17. The Government of Nepal established by the authority of this constitution shall be empowered:
(1) to pass and rescind laws;
(2) to receive and to spend revenue on behalf of the citizens of Nepal;
(3) to approve international treaties, and to enact laws for the implementation of international treaties which have been ratified by the government established under this constitution;
(4) and to undertake actions for the day-to-day and ongoing administration of this democratic society.
18. No government meeting shall be held in secret nor shall any government proceeding or hearing be closed to members of the public or to representatives or employees of news media organizations.
19. All citizens have the right to access all government records and materials, and to seek and receive information from government employees.
20. All citizens have the right to access all government services.
21. The Government of Nepal established by the authority of this constitution shall pass no law nor undertake any action which contravenes this constitution or any section of it.
22. The Government of Nepal established by the authority of this constitution shall pass no treaty, enact no law nor undertake any action which restricts, diminishes, replaces or removes the sovereignty of Nepal as a nation;
23. The Government of Nepal established by the authority of this constitution shall pass no treaty, enact no law nor undertake any action which restricts, diminishes, replaces or removes the sovereignty of the People of Nepal over Nepal as a nation.
12 Schedule for National Assembly to Convene
The National Assembly must convene at least once every three months during each calendar year; and more to the need, the National Assembly shall meet as often as is necessary for the conducting of the affairs of government.
13 Process to Amend the Constitution
What is the process to make future changes to the Constitution?
A constitution, once in place, should be fairly hard to change in order to prevent manipulation of the rules.
This constitution, after its establishment in law and ratification by
the citizens of Nepal, shall not be changed or altered except by the
expressed will and consent of the citizens of Nepal.
Process to Amend the Constitution
An amendment to this constitution shall require:
1. By Citizens Initiative:
(1) a document containing 1,000 signatures of citizens of Nepal, along
with their fingerprint or thumbprint submitted to the Supreme Court of
Nepal shall give their question standing in the Constitutional Court.
(2) if the requisite number of signatures in support of the question are
submitted to the Supreme Court of Nepal at least four months prior to
the next scheduled national election in which the members of the
National Assembly are elected, the question shall be on the ballot;
(3) once the requisite number of signatures in support of the question
are submitted to the Supreme Court of Nepal the question is placed on
the ballot of next scheduled national election in which the members of
the National Assembly are elected.
(4) The number of required signatures is tied to the total number of
voters who cast a vote in the previous election for Guardian of Nepal.
Valid signatures equaling 8% of total votes cast in the last election
for Guardian of Nepal are needed for an initiated constitutional
amendment to be on the ballot and signatures equal to 6% of total votes
cast in the last election for Guardian of Nepal are required for an
initiated statute. Only 4% of total votes cast in the last election for
Guardian of Nepal are needed for a veto referendum to be on the ballot
.
(5) A Vote of Approval to Amend the Constitution shall require 67
percent of all citizens who cast their ballot approving the vote of
amendment.
The Amendment to the Constitution, if approved, shall come into effect on December 31st of the year in which the election was held.
(6) A Vote of Approval to Approve an Initiated Statute shall require 50
percent plus one of all citizens who cast their ballot at the next
scheduled national election in which the members of the National
Assembly are elected approving the Initiated Statute;
(7) A Vote of Approval to Approve an Veto Referendum shall require 67
percent plus one of all citizens who cast their ballot at the next
scheduled national election in which the members of the National
Assembly are elected approving the veto referendum.
(8) A National election must be held to elect the members of the National Assembly once every four years.
OR
2. By Referendum:
(1) a Vote of Endorsement to Amend the Constitution with 67 percent of
all elected Members of the National Assembly approving the vote of
endorsement;
(a) if the requisite number of votes in support of the question are submitted to the Supreme Court of Nepal at least four months prior to the next scheduled national election in which the members of the National Assembly are elected, the question shall be on the ballot;
(b) once the requisite number of votes in support of the question are submitted to the Supreme Court of Nepal the question is placed on the ballot of next scheduled national election in which the members of the National Assembly are elected;
and
(2) a Vote of Approval to Amend the Constitution with 67 percent of all
citizens who cast their ballot at the next scheduled national election
in which the members of the National Assembly are elected approving the
vote of amendment. A National election must be held to elect the members
of the National Assembly once every four years.
The Amendment to the Constitution, if approved, shall come into effect
on December 31st of the year in which the election was held.
14 Process and Schedule to Ratify Constitution
The process for citizens of Nepal to approve the constitution?
1. This constitution shall be subject to a 90 day public review period from the first wavelength of the day to be known as February 28th, 2011 until the last wavelength of the day to be known as May 28th, 2011. This constitution shall be available for review on the internet at www.onlineconstitution.net and also in any other medium or place where others choose to publish it.
2. The review period shall be for review, feedback and modification of the text of the constitution, as required.
3. In the absence of any legally-ratified constitution for Nepal, this constitution shall take effect and be established in law at the first wavelength of the day to be known as May 29th, 2011.
4. Declaration -- The declaration of this constitution coming into effect shall be an announcement by the town-cryer at or after the first wavelength of the day to be known as May 29th, 2011.
5. This constitution shall be subject to ratification by the citizens of Nepal.
6. This constitution shall be ratified by the signature or mark of the citizens of Nepal, along with their fingerprint or thumbprint, within two months of the constitution being established in law. Approval to Ratify the Constitution shall require a minimum of 67 percent of all citizens who cast their ballot in the election putting their signature or mark to paper ratifying the constitution.
7. The first scheduled elections must be held within six months of the constitution being established in law.
15 Continuum
1. In the absence of any legally-ratified constitution for Nepal, this constitution shall take effect at the first wavelength of the day to be known as May 29th, 2011.
2. There is no continuity or continuation of power outside of this constitution, either explicitly or implicitly expressed or implied within this document. The place from whence the power of this constitution has arisen is the People of Nepal and the power at the conclusion of this constitution, when the People of Nepal, of their own free-will and choice, choose to terminate it, shall return to the People of Nepal from whence it came.
3. This constitution has no expiry date.
16 Appendix 1: Suggestions for Proposed Laws and Regulations
This section is where we list ideas for new laws and regulations to be considered by the new government after the next election.
1. Human trafficking must be strictly punished.
2. Women must be protected from all forms of violence, including domestic violence, rape and murder.
3. Laws against slavery and indentured servitude must be written into the criminal code and strictly enforced.
4. Remove the Security Curfew Laws.
5. Some form of Universal Health Care would be nice.
6. Citizenship Act – to define which persons by fact of birthplace, family relationship or residency are Citizens of Nepal; to define the process whereby non-citizens of Nepal may acquire citizenship of Nepal.
7. Immigration Act – to define the process whereby all persons who are non-citizens and foreign nationals qualify for visas to visit, transit, reside in, or immigrate to Nepal; to define the terms of such visas, including country of origin, application process, duration of stay and renewal process; to define the reasons for and the process whereby visitation, transition, residency, or immigration permissions may be revoked.
8. Enact all necessary laws to enable the establishment of the Nepal National Internet Education Network , including changes to the Education Department, Telecommunications Act, Science and Technology Department, and Tax laws (donating computers and equipment shall merit a lower taxes for donating companies).
9. Noise Regulations:
(1) Trucks and Buses, no use of air-horns within cities and town;
(2) Government and Military vehicles, horns for emergency use only, restrictions on non-emergency use;
(3) All Vehicles, no digital horns or loud horns beyond a preset measurable volume level,
(4) Import Laws: the import of vehicles with digital horns or loud horns beyond a preset measurable volume level to be banned.
(5) All vehicles, restrictions on non-emergency use of horns within cities and towns.
(6) Penalties for excessive or non-emergency use of horns:
All citizens: first offense 7,000 NPR fine; second offense 7,000 NPR fine and loss of drivers license for 3 months; third offense 10,000 NPR fine and the loss of drivers license for 6 months and impound the vehicle for 3 months.
Government vehicles: first offense 7,000 NPR fine; second offense 7,000 and loss of drivers license for 3 months; third offense 10,000 NPR fine and the loss of drivers license for 6 months and the loss of the use of all government vehicles (start walking).
(7) Pass Noise Curfew Law for residential areas between 11 PM and 8 AM
10. Pass a full and binding Right to Information Act.
11. A full review of all land title transfers since June 2001 should be conducted to ensure legality, and an absence of coercion or malfeasance, and to ensure that the correct owners name is on the land title.
12. Review and pass updated POLICE ACT OF NEPAL.
END Appendix 1: Suggestions for Proposed Laws and Regulations
17 Appendix 2: Additions, Modifications, and Corrections
90 day Public Review Period
During the 90 day Public Review Period this shall be a log of any
additions, modifications or corrections made to the constitution on
review at www.onlineconstitution.net
March 31, 2011 This log section of "additions, modifications and Corrections" was created.
March 31, 2011 Addition -- Elections - vote, ballot and right to vote
cannot be bought, sold, traded, offered, or compensated for; nor can a
citizen's vote, ballot and right to vote be assigned to another person.
April 8, 2011 Revision -- Process to Amend the Constitution -- 90 Day
Public Review Period Feedback; Revision Posted for 7 Day Public Review
--
Original:
Process to Amend the Constitution
An amendment to this constitution shall require :
(1) a Vote of Endorsement to Amend the Constitution with 67 percent of all elected Members of the National Assembly approving the vote of endorsement; and
(2) a Vote of Approval to Amend the Constitution with 67 percent of all citizens who cast their ballot at the next scheduled national election in which the members of the National Assembly are elected approving the vote of amendment. A National election must be held to elect the members of the National Assembly once every four years.
The Amendment to the Constitution, if approved, shall come into effect
on December 31st of the year in which the election is held.
Revision:
Process to Amend the Constitution
An amendment to this constitution shall require:
By Citizens Initiative:
(1) a document containing 1,000 signatures of citizens of Nepal, along
with their fingerprint or thumbprint submitted to the Supreme Court of
Nepal shall give their question standing in the Constitutional Court.
(2) if the requisite number of signatures in support of the question are
submitted to the Supreme Court of Nepal at least four months prior to
the next scheduled national election in which the members of the
National Assembly are elected, the question shall be on the ballot;
(3) once the requisite number of signatures in support of the question
are submitted to the Supreme Court of Nepal the question is placed on
the ballot of next scheduled national election in which the members of
the National Assembly are elected.
(4) The number of required signatures is tied to the total number of
voters who cast a vote in the previous election for Guardian of Nepal.
Valid signatures equaling 8% of total votes cast in the last election
for Guardian of Nepal are needed for an initiated constitutional
amendment to be on the ballot and signatures equal to 6% of total votes
cast in the last election for Guardian of Nepal are required for an
initiated statute. Only 4% of total votes cast in the last election for
Guardian of Nepal are needed for a veto referendum to be on the ballot
.
(5) A Vote of Approval to Amend the Constitution shall require 67
percent of all citizens who cast their ballot approving the vote of
amendment.
The Amendment to the Constitution, if approved, shall come into effect
on December 31st of the year in which the election was held.
(6) A Vote of Approval to Approve an Initiated Statute shall require 50
percent plus one of all citizens who cast their ballot at the next
scheduled national election in which the members of the National
Assembly are elected approving the Initiated Statute;
(7) A Vote of Approval to Approve an Veto Referendum shall require 67
percent plus one of all citizens who cast their ballot at the next
scheduled national election in which the members of the National
Assembly are elected approving the veto referendum.
(8) A National election must be held to elect the members of the National Assembly once every four years.
OR
By Referendum:
(9) a Vote of Endorsement to Amend the Constitution with 67 percent of
all elected Members of the National Assembly approving the vote of
endorsement; and
(10) a Vote of Approval to Amend the Constitution with 67 percent of
all citizens who cast their ballot at the next scheduled national
election in which the members of the National Assembly are elected
approving the vote of amendment. A National election must be held to
elect the members of the National Assembly once every four years.
The Amendment to the Constitution, if approved, shall come into effect
on December 31st of the year in which the election was held.
April 13, 2011 Revision -- Form of Government, paragraph 4 -- 90 Day
Public Review Period Feedback; Revision Posted for 7 Day Public Review
Original:
Form of Government, paragraph 4
The Guardian of Nepal shall be elected directly by the people in a 2 step national election.
First there shall be an open election where anyone who chooses to run can put their name on the ballot for election.
Then there shall be a second election six weeks after the first election wherein only the top two candidates from the first election shall be on the ballot.
From those two candidates, the citizens of Nepal will vote and choose one as our Guardian.
Revision:
Form of Government, paragraph 4
The Guardian of Nepal shall be elected directly by the people in a 2 step national election.
First there shall be an open election where everyone's name is up for election.
Then there shall be a second election six weeks after the first election wherein only the names of the top two candidates who received the most votes in the first election shall be on the ballot.
From those two candidates, the citizens of Nepal will vote and choose one as Guardian of Nepal.
April 13, 2011 The Addendum section of "Election Writ " was created.
April 13, 2011 Election Writ -- ADDITION -- Election Writ May 29 2011
2nd wavelength -- 90 Day Public Review Period Feedback; Addition
Posted for 7 Day Public Review Period
April 13, 2011 External Links -- ADDITION -- add two external links: Moon Schedule July 2011 and Sun Schedule July 2011
April 18, 2011 Elections -- ADDITION -- add "One person, one vote." --
90 Day Public Review Period Feedback; Addition Posted for 7 Day Public
Review Period
April 25, 2011 Rights and Freedoms of All Citizens -- ADDITION -- add
"Any action that, in any way, curtains the full equality of every
citizen, or the full rights and freedoms of any person, may be
enforceably restricted by law." -- 90 Day Public Review Period
Revision Posted for 7 Day Public Review Period
April 25, 2011 Form of Government paragraph 2 -- REVISION --
changed
2. The Government of Nepal established by the authority of this constitution shall be empowered to pass and rescind laws and to undertake actions for the day-to-day and ongoing administration of this democratic society.
to
2. The Government of Nepal established by the authority of this constitution shall be empowered:
a) to pass and rescind laws;
b) to receive and to spend revenue on behalf of the citizens of Nepal.
c) and to undertake actions for the day-to-day and ongoing administration of this democratic society.
April 25, 2011 Suggestions for Proposed Laws and Regulations --
ADDITION -- added "Pass a full and binding Right to Information Act. "
posted 90 day review period Revision 7 day public review posted
April 28, 2011 Form of Government, paragraph 5 REVISED
changed
The Members of the Board of Advisors can serve up to six years at a
time. At the end of their term, if reappointed to serve on the Board of
Advisors, their appointment must again be approved by a majority vote of
the elected members of the National Assembly.
The Board of Advisors is automatically dissolved whenever an election for Guardian is held.
to
The Members of the Board of Advisors can serve up to six years at a time. At the end of their term, if reappointed to serve on the Board of Advisors, their appointment must again be approved by a majority vote of the elected members of the National Assembly.
The Board of Advisors serve to assist the Guardian of Nepal and may be
removed, reassigned, or replaced, as per the needs of the Guardian.
The Board of Advisors is automatically dissolved whenever an election for Guardian is held.
April 28, 2011
Process to Amend Constitution, Referendum Process REVISED
changed
By Referendum:
(9) a Vote of Endorsement to Amend the Constitution with 67 percent of
all elected Members of the National Assembly approving the vote of
endorsement; and
(10) a Vote of Approval to Amend the Constitution with 67 percent of all
citizens who cast their ballot at the next scheduled national election
in which the members of the National Assembly are elected approving the
vote of amendment. A National election must be held to elect the members
of the National Assembly once every four years.
The Amendment to the Constitution, if approved, shall come into effect
on December 31st of the year in which the election was held.
to
By Referendum:
(9) a Vote of Endorsement to Amend the Constitution with 67 percent of
all elected Members of the National Assembly approving the vote of
endorsement;
if the requisite number of votes in support of the question are submitted to the Supreme Court of Nepal at least four months prior to the next scheduled national election in which the members of the National Assembly are elected, the question shall be on the ballot;
once the requisite number of votes in support of the question are submitted to the Supreme Court of Nepal the question is placed on the ballot of next scheduled national election in which the members of the National Assembly are elected;
and
(10) a Vote of Approval to Amend the Constitution with 67 percent of all citizens who cast their ballot at the next scheduled national election in which the members of the National Assembly are elected approving the vote of amendment. A National election must be held to elect the members of the National Assembly once every four years.
The Amendment to the Constitution, if approved, shall come into effect on December 31st of the year in which the election was held.
April 29, 2011
Form of Government, paragraph 9 REVISION POSTED -- admin 3rd posting 21/04/2011
Change
9. Auditor-General -- An independent auditor known as the Auditor-General shall be appointed by the Guardian and the appointment shall be confirmed by majority vote of the Board of Advisors and by majority vote of the National Assembly.
The Auditor-General shall hold the responsibility for auditing all government financial accounts on a yearly basis.
The Auditor-General shall be independent in his/her responsibilities,
answerable only to the National Assembly as a whole and to the People of
Nepal
The Auditor-General shall serve for a period of ten years. The
Auditor-General can only serve one term of office and cannot be
re-appointed for a second or subsequent term.
The Auditor-General can only be removed from his/her position by a
majority vote of the National Assembly along with a majority vote of the
Board of Advisors and the signature of the Guardian.
to
9. Auditor-General -- An independent auditor known as the Auditor-General shall be appointed by the Supreme Court of Nepal.
The Auditor-General, through the Constitutional Court of the Supreme Court, shall have full powers of subpoena, warrant, arrest, and search, as allowed for and to the extent that they are restricted by law.
The Auditor-General shall hold the responsibility for auditing all government financial accounts on a yearly basis.
The Auditor-General shall be independent in his/her responsibilities,
answerable only to the National Assembly as a whole and to the People of
Nepal.
The Auditor-General shall serve for a period of ten years. The
Auditor-General can only serve one term of office and cannot be
re-appointed for a second or subsequent term.
The Auditor-General can only be removed from his/her position by a 67
percent vote of all the elected Members of the National Assembly along
with a 67 percent vote of the Board of Advisors and the signature of the
Guardian of Nepal.
May 03, 2011
90 Day Public Review Period -- Armed Forces, paragraph Restrictions REVISION-6 POSTED 07:52, 24 April 2011
Armed Forces, paragraph Restrictions
change:
Restriction:
Authorization to Mobilize Armed Forces Personnel and Equipment to Engage in Operations of National Defense and Military Combat may not, under the authority of this Constitution, be approved under any circumstances at any time for armed military combat operations against any citizen of Nepal.
Armed military combat operations should only be entered into after
serious consideration of the consequences and costs, both human and
economic;
and
armed military combat operations should only be entered into with the support of the citizens of Nepal;
to
Restrictions:
Authorization to Mobilize Armed Forces Personnel and Equipment to Engage in Operations of National Defense and Military Combat may not, under the authority of this Constitution, be approved under any circumstances at any time for armed military combat operations against any citizen of Nepal.
Authorization to Mobilize Armed Forces Personnel and Equipment to Engage
in Operations of National Defense and Military Combat may not, under
the authority of this Constitution, be approved under any circumstances
at any time for armed military combat operations wherein Nepal Armed
Forces Service Personnel are placed under the laws of any foreign
government or the command of any foreign military or the command of any
foreign military commander, excepting when participating in
International peacekeeping obligations under the authority and direction
of the United Nations, as authorized by the United Nations, the
National Assembly of Nepal and the Guardian of Nepal.
No foreign troops and no private-for-hire paramilitary security
personnel or mercenaries may operate in or on Nepal Sovereign Territory
or Airspace without the expressed consent of the people of Nepal as
expressed through a vote of referendum.
Armed military combat operations should only be entered into after
serious consideration of the consequences and costs, both human and
economic;
and
armed military combat operations should only be entered into with the support of the citizens of Nepal;
May 5 2011
Overview -- REVISION POSTED 26/4/2011
Overview: change
Principles of Democracy
to
Nepal is a free and independent country.
May 5, 2011
Duties and Limitations of Government, paragraph 5 REVISION POSTED 26/4/2011
after the line:
There shall be open public accounts of all income and expenditures by appointed officials;
and before line: The Auditor-General shall conduct an annual public audit of all public accounts...
add the following:
The National Assembly must prepare and pass an annual national budget and pass laws putting in place procedures to receive and to spend revenue on behalf of the citizens of Nepal.
The budget must be balanced over a two-year fiscal budget cycle.
The government may not pass a deficit budget without the expressed consent of the people as expressed by a vote of 67 percent vote of approval in a referendum ballot.
The budget for each successive following year must be presented to the Speaker of the National Assembly on or before April 30th each year and passed by September 1st.
In the event that the budget has not been passed by a 67 per cent vote of Members of the National Assembly and given to the Guardian by September 1st of each year, each member of the National Assembly shall forfeit his/her salary for the remaining four months of the calendar year.
The Guardian has line-veto power over all money spending, budget and budget spending bills.
The National Assembly cannot override any money spending, budget and budget spending veto by the Guardian.
The citizens of Nepal hold veto power over all laws, money spending, budget and budget spending bills passed by the National Assembly.
May 5, 2011
Form of Government, paragraph 2 REVISION-2 POSTED 26/4/2011
change
2. The Government of Nepal established by the authority of this constitution shall be empowered:
a) to pass and rescind laws;
b) to receive and to spend revenue on behalf of the citizens of Nepal.
c) and to undertake actions for the day-to-day and ongoing administration of this democratic society.
to
2. The Government of Nepal established by the authority of this constitution shall be empowered:
a) to pass and rescind laws;
b) to receive and to spend revenue on behalf of the citizens of Nepal;
c) to approve international treaties, and to enact laws for the implementation of international treaties which have been ratified by the government established under this constitution;
d) and to undertake actions for the day-to-day and ongoing administration of this democratic society.
May 5, 2011
Elections REVISION POSTED 26/4/2011
change
The political will of the Citizens of Nepal shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
to
The political will of the Citizens of Nepal shall be expressed in
periodic and genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent free voting
procedures, for the peaceful change of governments from time to time.
May 5 2011
Admin Notice: Section Posting - 7 Day Public Notice 26/4/2011
New Main Page section created called "Terms and Conditions" (placed after section "Process and Schedule to ratify constitution")
May 5, 2011
Terms and Conditions ADDITION POSTED 26/4/2011
add
1. In the absence of any legally-ratified constitution for Nepal, this constitution shall take effect at the first wavelength of the day to be known as May 29th, 2011.
2. There is no continuity or continuation of power outside of this
constitution, either explicitly or implicitly expressed or implied
within this document. The place from whence the power of this
constitution has arisen is the People of Nepal and the power at the
conclusion of this constitution, when the People of Nepal, of their own
free-will and choice, choose to terminate it, shall return to the People
of Nepal.
3. This constitution has no expiry date.
May 5, 2011
Terms and Conditions REVISION POSTED 27/04/2011
Change Section Heading Name
change section heading:
Terms and Conditions
to section heading:
Continuum
May 5,2011
Terms and Conditions ADDITION-02 POSTED 27/04/2011
To the section currently known as Terms and Conditions add the words:
from whence it came.
May 06,2011
Duties and Limitations of Government, paragraph 17 REVISION POSTED
28/04/2011 - 90 day public review revision 7 days posted - list of
authorities given
changed 17. The Government of Nepal established by the authority of this constitution shall be empowered to pass and rescind laws and to undertake actions for the day-to-day and ongoing administration of this democratic society.
to
17. The Government of Nepal established by the authority of this constitution shall be empowered:
a) to pass and rescind laws;
b) to receive and to spend revenue on behalf of the citizens of Nepal;
c) to approve international treaties, and to enact laws for the implementation of international treaties which have been ratified by the government established under this constitution;
d) and to undertake actions for the day-to-day and ongoing administration of this democratic society.
May 09, 2011
Schedule for Elections to be Held REVISION POSTED 30/04/2011
add
5. The first order of business of the first sitting of the first session of the National Assembly shall be to set the election date for the next election to be held in the calendar year four years hence from the date.
Thereafter, every subsequent election shall be held on the same date.
This provision of the constitution shall remain unchanged and unchangeable.
May 09, 2011
Form of Government, paragraph 6 REVISION POSTED 30/04/2011
change:
In the National Assembly, all members are equal in power and responsibility. Each member has the right to speak and each member shall have one vote to cast on every matter brought before the assembly for consideration. No member shall have greater power or voice than any other member.
Elections for the National Assembly shall be held every four years.
to
In the National Assembly, all members are equal in power and
responsibility. Each member has the right to speak and each member shall
have one vote to cast on every matter brought before the assembly for
consideration. No member shall have greater power or voice than any
other member.
The National Assembly shall convene for a four year term. The National
Assembly may serve its full term. The National Assembly may not serve
longer than the full term set out in this constitution.
Elections for the National Assembly shall be held every four years as set out in the section "Schedule for Elections to be Held"
May 09, 2011
Duties and Limitations of Government , ADD paragraph 19, 20 REVISION POSTED 30/04/2011
add
19. The Government of Nepal established by the authority of this constitution shall pass no treaty, enact no law nor undertake any action which restricts, diminishes, replaces or removes the sovereignty of Nepal as a nation;
20. The Government of Nepal established by the authority of this constitution shall pass no treaty, enact no law nor undertake any action which restricts, diminishes, replaces or removes the sovereignty of the People of Nepal over Nepal as a nation.
10 May 2011
from 2nd Posting of re: Admin Notice: Question reposting 28/04/2011
added
Judiciary - permanent residency appointments Posted 02:31, 10 May 2011 (EDT)
Supreme Court Judges shall be appointed for life unless impeached for breaking the laws of this constitution or the laws created by the government under this constitution.
May 12, 2011
Rename Sections REVISION POSTED 27/04/2011 18:52, 4 May 2011
change section heading:
Suggestions for Proposed Laws and Regulations
to section heading: Appendix 1: Suggestions for Proposed Laws and Regulations
change section heading:
Additions, Modifications, and Corrections
to section heading: Appendix 2: Additions, Modifications, and Corrections
change section heading:
Election Writ
to section heading: Appendix 3: Election Writ
May 12, 2011
Process and Schedule to Ratify Constitution - REVISION POSTED 05/05/2011 03:59, 5 May 2011
Between the line:
"In the absence of any legally-ratified constitution for Nepal, this constitution shall take effect and be established in law at the first wavelength of the day to be known as May 29th, 2011.";
and the line: "This constitution shall be subject to ratification by the citizens of Nepal.";
add:
Declaration -- The declaration of this constitution coming into effect shall be an announcement by the town-cryer at or after the first wavelength of the day to be known as May 29th, 2011.
May 13, 2011
90 Day Public Review Period - Rights and Freedoms of All Citizens Revision posted 06/05/2011 04:22, 6 May 2011
Sections: Rights and Freedoms of All Citizens Revision-01 posted 06/05/2011
Where it says: "All citizens of Nepal are eligible to be elected to
public office and to serve in public office within the Government of
Nepal without distinction of any kind, including, but not limited to,
race, colour, gender, sexual orientation, language, religion, political
affiliation or opinion, national or social origin, economic status,
property, birth All citizens of Nepal are entitled to the following
rights and freedoms equally, without distinction of any kind, including,
but not limited to, race, colour, gender, sexual orientation, language,
religion, political or other opinion, mental capacity, national or
social origin, economic status, property, birth or other status: "
And where it says:
"9. Any advocacy of hatred based upon race, colour, gender, sexual orientation, language, religion, political or other opinion, mental capacity, national or social origin, economic status, property, birth or other status that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. "
add the word "age" before the word "race"
"...but not limited to, age, race...."
IMPORTANT NOTE:
Admin Notice: Three Posting corrections - 7 Day Revision Review Period 12:07, 11 May 2011
correction number 3
In the post: "Sections: Rights and Freedoms of All Citizens Revision-01 posted 06/05/2011 "
the person posting had just finished posting, "90 Day Public Review Period - Elections Revision posted 06/05/2011 04:12, 6 May 2011"
so when they did a copy/paste
what should have said:
All citizens of Nepal are entitled to the following rights and freedoms
equally, without distinction of any kind, including, but not limited to,
race, colour, gender, sexual orientation, language, religion, political
or other opinion, mental capacity, national or social origin, economic
status, property, birth or other status:
was incorrectly posted as:
Where it says: "All citizens of Nepal are eligible to be elected to public office and to serve in public office within the Government of Nepal without distinction of any kind, including, but not limited to, race, colour, gender, sexual orientation, language, religion, political affiliation or opinion, national or social origin, economic status, property, birth All citizens of Nepal are entitled to the following rights and freedoms equally, without distinction of any kind, including, but not limited to, race, colour, gender, sexual orientation, language, religion, political or other opinion, mental capacity, national or social origin, economic status, property, birth or other status: "
...the same paragraph from the posting minutes earlier.
Therefore, the posting should read:
Sections: Rights and Freedoms of All Citizens Revision-01 posted 06/05/2011
All citizens of Nepal are entitled to the following rights and freedoms
equally, without distinction of any kind, including, but not limited to,
race, colour, gender, sexual orientation, language, religion, political
or other opinion, mental capacity, national or social origin, economic
status, property, birth or other status:
And where it says:
"9. Any advocacy of hatred based upon race, colour, gender, sexual orientation, language, religion, political or other opinion, mental capacity, national or social origin, economic status, property, birth or other status that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. "
add the word "age" before the word "race"
"...but not limited to, age, race...."
and not,
Sections: Rights and Freedoms of All Citizens Revision-01 posted 06/05/2011
Where it says: "All citizens of Nepal are eligible to be elected to
public office and to serve in public office within the Government of
Nepal without distinction of any kind, including, but not limited to,
race, colour, gender, sexual orientation, language, religion, political
affiliation or opinion, national or social origin, economic status,
property, birth All citizens of Nepal are entitled to the following
rights and freedoms equally, without distinction of any kind, including,
but not limited to, race, colour, gender, sexual orientation, language,
religion, political or other opinion, mental capacity, national or
social origin, economic status, property, birth or other status: "
And where it says:
"9. Any advocacy of hatred based upon race, colour, gender, sexual orientation, language, religion, political or other opinion, mental capacity, national or social origin, economic status, property, birth or other status that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. "
add the word "age" before the word "race"
"...but not limited to, age, race...."
as was posted.
Admin Team
END Admin Notice: Three Posting corrections - 7 Day Revision Review Period 12:07, 11 May 2011 - correction number 3;
END 90 Day Public Review Period - Form of Government Revision Posted 05/05/2011 04:10, 6 May 2011
END
May 13, 2011
Sections: Form of Government,
Where it says: "All citizens of Nepal are eligible to be elected to
public office and to serve as an member of the Government of Nepal
without distinction of any kind, including, but not limited to, race,
colour, gender, sexual orientation, language, religion, political
affiliation or opinion, national or social origin, economic status,
property, birth or other status. "
add the word "age" before the word "race"
"...but not limited to, age, race...."
--90 Day Public Review Period - Form of Government Revision Posted 05/05/2011 04:10, 6 May 2011 (EDT)
May 13, 2011
Sections: Elections
Where it says: "All citizens of Nepal are eligible to be elected to
public office and to serve in public office within the Government of
Nepal without distinction of any kind, including, but not limited to,
race, colour, gender, sexual orientation, language, religion, political
affiliation or opinion, national or social origin, economic status,
property, birth or other status. "
add the word "age" before the word "race"
"...but not limited to, age, race...."
--90 Day Public Review Period - Elections Revision posted 06/05/2011 04:12, 6 May 2011 (EDT)
May 13, 2011
Sections: Rights and Freedoms of All Citizens REVISION-02 POSTED 06/05/2011
Where it says:
"44. All are equal before the law and are entitled without any discrimination to equal protection of the law. "
change to
44. All are equal before the law and are entitled without any discrimination to equal access to and protection of the law.
--90 Day Public Review Period - Rights and Freedoms of All Citizens REVISION POSTED 06/05/2011 04:30, 6 May 2011 (EDT)
May 13, 2011
Section: Suggestions for Proposed Laws and Regulations (soon to be Appendix 1: Suggestions for Proposed Laws and Regulations)
add:
A full review of all land title transfers since June 2001 should be conducted to ensure legality, and an absence of coercion or malfeasance, and to ensure that the correct owners name is on the land title.
-- 90 Day Public Review Period - Suggestions for Proposed Laws and Regulations Addition Posted 06/05/2011 04:48, 6 May 2011 (EDT)
May 13, 2011
Duties and Limitations of Government, REVISION paragraph 18; add paragraph 19, 20,21 REVISION POSTED 06/05/2011
paragraph 18
18. The Government of Nepal established by the authority of this constitution shall pass no law nor undertake any action which contravenes this constitution or any section of it.
change to
18. No government meeting shall be held in secret nor shall any government proceeding or hearing be closed to members of the public or to representatives or employees of news media organizations.
19. All citizens have the right to access all government records and materials, and to seek and receive information from government employees.
20. All citizens have the right to access all government services.
21. The Government of Nepal established by the authority of this constitution shall pass no law nor undertake any action which contravenes this constitution or any section of it.
IMPORTANT NOTE:
Admin Notice: 5 proofreading errors - Duties and Limitations of Government 7 Day Revision Review Period REVISION-02 POSTED 07/05/2011
correction number 5
Error 5 - change "the Media" to "representatives or employees of news media organizations"
IMPORTANT NOTE:
Admin Notice: Three Posting corrections - 7 Day Revision Review Period 12:07, 11 May 2011 (EDT)
correction number 1:
IN the post "Duties and Limitations of Government, REVISION paragraph 18; add paragraph 19, 20,21 REVISION POSTED 06/05/2011" -
The person posting was not aware that an earlier post was already pending. The earlier post added a paragraph 19, 20.
There is no change of content...the problem is a numbering change.
already posted 18, 19, 20 will get renumbered
change:
18. The Government of Nepal established by the authority of this constitution shall pass no law nor undertake any action which contravenes this constitution or any section of it.
19. The Government of Nepal established by the authority of this
constitution shall pass no treaty, enact no law nor undertake any action
which restricts, diminishes, replaces or removes the sovereignty of
Nepal as a nation;
20. The Government of Nepal established by the authority of this
constitution shall pass no treaty, enact no law nor undertake any action
which restricts, diminishes, replaces or removes the sovereignty of the
People of Nepal over Nepal as a nation.
to
18. No government meeting shall be held in secret nor shall any
government proceeding or hearing be closed to the public or to
representatives or employees of news media organizations.
19. All citizens have the right to access all government records and
materials, and to seek and receive information from government
employees.
20. All citizens have the right to access all government services.
21. The Government of Nepal established by the authority of this
constitution shall pass no law nor undertake any action which
contravenes this constitution or any section of it.
22. The Government of Nepal established by the authority of this
constitution shall pass no treaty, enact no law nor undertake any action
which restricts, diminishes, replaces or removes the sovereignty of
Nepal as a nation;
23. The Government of Nepal established by the authority of this constitution shall pass no treaty, enact no law nor undertake any action which restricts, diminishes, replaces or removes the sovereignty of the People of Nepal over Nepal as a nation.
IMPORTANT NOTE:
Admin Notice: 2nd posting to main page - Duties and Limitations of Government, REVISION paragraph 18; add paragraph 19, 20,21 REVISION POSTED 06/05/2011
Please note that the 1st posting was made at 12:16 13 May 2011 (UT) While the revision was initially posted at 14:30 06 May 2011. (UT)
This means that the first posting was 2 hours and 14 minutes early, before the full 7 day revision review period had finished.
Therefore, we are re-posting, the same again now at 14:44 13 May 2011 (UT)
2nd posting to main page - Duties and Limitations of Government, REVISION paragraph 18; add paragraph 19, 20,21 REVISION POSTED 06/05/2011
END 2nd posting to main page - Duties and Limitations of Government, REVISION paragraph 18; add paragraph 19, 20,21 REVISION POSTED 06/05/2011
END Admin Notice: Three Posting corrections - 7 Day Revision Review Period 12:07, 11 May 2011 (EDT)
END Admin Notice: 5 proofreading errors - Duties and Limitations of Government 7 Day Revision Review Period REVISION-02 POSTED 07/05/2011
END 90 Day Public Review Period - Duties and Limitations of Government , REVISION paragraph 18; add paragraph 19, 20,21 REVISION POSTED 06/05/2011 10:01, 6 May 2011 (EDT)
END
May 13, 2011
Section: Armed Forces Revision-02 Posted 05/05/2011 - 2nd paragraph only - add the word "age" before "race": without distinction of any kind, including, but not limited to, age, race, colour,...
Where it says:
All citizens of Nepal are eligible to apply for service in and to serve
in the Armed Forces without distinction of any kind, including, but not
limited to, race, colour, gender, sexual orientation, language,
religion, political affiliation or opinion, national or social origin,
economic status, property, birth or other status.
The Assignment of Duties, and the Rank and Promotion of Military
Personnel within the Armed Forces shall be based solely upon merit and
performance of duty, without prejudice of any kind, including, but not
limited to, race, colour, gender, sexual orientation, language,
religion, political affiliation or opinion, national or social origin,
economic status, property, birth or other status.
2nd paragraph only change to:
"...but not limited to, age, race...."
New:
All citizens of Nepal are eligible to apply for service in and to serve
in the Armed Forces without distinction of any kind, including, but not
limited to, race, colour, gender, sexual orientation, language,
religion, political affiliation or opinion, national or social origin,
economic status, property, birth or other status.
The Assignment of Duties, and the Rank and Promotion of Military
Personnel within the Armed Forces shall be based solely upon merit and
performance of duty, without prejudice of any kind, including, but not
limited to, age, race, colour, gender, sexual orientation, language,
religion, political affiliation or opinion, national or social origin,
economic status, property, birth or other status.
--90 Day Public Review Period - Armed Forces Revision-02 Posted 05/05/2011 - add the word "age" before "race": without distinction of any kind, including, but not limited to, age, race, colour,... 06:01, 6 May 2011 (EDT)
May 13, 2011
Rights and Freedoms of All Citizens Addition Posted 06/05/2011
53. All citizens shall have the right to access all government records and materials, and to seek and receive information from government employees.
54. All citizens shall have the right to access all government services.
--90 Day Public Review Period - Rights and Freedoms of All Citizens Addition added 06/05/2011 10:08, 6 May 2011 (EDT)
IMPORTANT NOTE:
Admin Notice: 2nd posting to main page - Rights and Freedoms of All Citizens Addition Posted 06/05/2011
Please note that the 1st posting was made at 12:29 13 May 2011 (UT) While the revision was initially posted at 14:18 06 May 2011 (UT).
This means that the first posting was 1 hour and 39 minutes early, before the full 7 day revision review period had finished.
Therefore, we are re-posting, the same again now at 14:33 13 May 2011 (UT)
2nd posting to main page - 90 Day Public Review Period - Rights and Freedoms of All Citizens Additon added 06/05/2011 10:08, 6 May 2011 (EDT)
END Admin Notice: 2nd posting to main page - Rights and Freedoms of All Citizens Addition Posted 06/05/2011
END Rights and Freedoms of All Citizens Addition Posted 06/05/2011
END
May 14, 2011 posted 13:14 14 May 2011 (UT)
90 Day Public Review Period - Form of Government, intro - Proof-reading REVISION-01 POSTED 07/05/2011
In the paragraph which reads:
"All citizens of Nepal are eligible to be elected to public office and to serve as an member of the Government of Nepal without distinction of any kind, including, but not limited to, race, colour, gender, sexual orientation, language, religion, political affiliation or opinion, national or social origin, economic status, property, birth or other status."
change "and to serve as an member of the Government of Nepal..."
to "and to serve as a member of the Government of Nepal..."
--proofreading errors - Form of Government 04:47, 7 May 2011 (EDT)
May 14, 2011 posted 13:32 14 May 2011
90 Day Public Review Period - Form of Government, paragraph 7 REVISION Posted 07/05/2011
Change: 7. Speaker of National Assembly – chosen by majority vote of elected members of National Assembly.
The Speaker of the National Assembly must be an elected member of the National Assembly, and any member of the National Assembly may be elected to serve as the Speaker of the National Assembly.
to
7. Speaker of National Assembly – chosen by a 67 percent vote of all the elected Members of the National Assembly.
The Speaker of the National Assembly must be an elected member of the National Assembly, and any member of the National Assembly may be elected to serve as the Speaker of the National Assembly.
--90 Day Public Review Period - Form of Government, paragraph 7 REVISION Posted 07/05/2011 07:39, 7 May 2011 (EDT)
May 14, 2011
Proof-reading correction – Sovereignty - 90 Day Public Review; REVISION POSTED 14/05/2011 13:38 7 May 2011 (UT)
change
"Nepal is a democracy. The people hold the power."
to
"Nepal is a democratic country. The people hold the power."
May 14, 2011 posted 14:04 14 May 2011 (UT)
90 Day Public Review Period - Form of Government, paragraph 10 REVISION Posted 07/05/2011
Change:
10. The authority of the Police shall be granted, governed, and limited to the power and authority granted to them by the POLICE ACT OF NEPAL as passed into law by a majority vote of the National Assembly and signed into law by the Guardian of Nepal.
to
10. The authority of the Police shall be granted, governed, and limited
to the power and authority granted to them by the POLICE ACT OF NEPAL as
passed into law by a 67 percent vote of all the elected Members of the
National Assembly and signed into law by the Guardian of Nepal.
--90 Day Public Review Period - Form of Government, paragraph 10 REVISION Posted 07/05/2011 07:39, 7 May 2011 (EDT)
May 14, 2011 posted
90 Day Public Review Period - Form of Government, paragraph 10, 11 REVISION-02 Posted 07/05/2011
Change: capital P small O Police officers to small p small o police officers
10. The authority of the Police shall be granted, governed, and limited
to the power and authority granted to them by the POLICE ACT OF NEPAL as
passed into law by a majority vote of the National Assembly and signed
into law by the Guardian of Nepal.
and
"11. A Police Review Board shall be established under the direction of the Guardian of Nepal. It shall consist of five appointed citizens who are not employees of any police department in Nepal and who neither have nor had any police officers in their immediate family (spouse, child, brother, sister, brother-in-law, sister-in-law, or parent). The Police Review Board shall be empowered to receive from citizens, complaints and reports of abuse of power by Police officers, and/or complaints and reports of the use of excessive force or violence by Police officers. "
and
"The Police Review Board shall be empowered to receive from citizens, complaints and reports of abuse of power by Police officers, and/or complaints and reports of the use of excessive force or violence by Police officers. "
To
10. The authority of the police shall be granted, governed, and limited
to the power and authority granted to them by the POLICE ACT OF NEPAL as
passed into law by a majority vote of the National Assembly and signed
into law by the Guardian of Nepal.
and
"11. A Police Review Board shall be established under the direction of the Guardian of Nepal. It shall consist of five appointed citizens who are not employees of any police department in Nepal and who neither have nor had any police officers in their immediate family (spouse, child, brother, sister, brother-in-law, sister-in-law, or parent). The Police Review Board shall be empowered to receive from citizens, complaints and reports of abuse of power by police officers, and/or complaints and reports of the use of excessive force or violence by police officers. "
and
"The Police Review Board shall be empowered to receive from citizens, complaints and reports of abuse of power by police officers, and/or complaints and reports of the use of excessive force or violence by police officers. "
--90 Day Public Review Period - Form of Government, paragraph 10, 11 REVISION-02 Posted 07/05/2011 07:39, 7 May 2011 (EDT)
IMPORTANT NOTE:
Admin Notice: Three Posting corrections - 7 Day Revision Review Period 12:07, 11 May 2011 (EDT)
Correction number 2
In the post "90 Day Public Review Period - Form of Government, paragraph 10, 11 REVISION-02 Posted 07/05/2011"
this sentence is repeated twice:
"The Police Review Board shall be empowered to receive from citizens, complaints and reports of abuse of power by Police officers, and/or complaints and reports of the use of excessive force or violence by Police officers. "
In the final draft it will only be inserted once.
END Admin Notice: Three Posting corrections - 7 Day Revision Review Period 12:07, 11 May 2011 (EDT)
END 90 Day Public Review Period - Form of Government, paragraph 10, 11 REVISION-02 Posted 07/05/2011 07:39, 7 May 2011 (EDT)
END
May 14, 2011 posted 14:35 14 May 2011 (UT)
90 Day Public Review Period - Judiciary REVISION-02 POSTED 07/05/2011
change "the Media" to "representatives or employees of news media organizations"
Constitutional court - (6) No case shall be tried in secret nor shall
any trial or hearing be closed to the public or to the Media
and
criminal = (7) In no case shall any accused be tried in secret nor shall any trial or hearing be closed to the public or to the Media.
civil court - "(5) No case shall be tried in secret nor shall any trial or hearing be closed to the public or to the Media.
and
court of appeal - "(5) No case before the Court of Appeal shall be tried in secret nor shall any trial or hearing be closed to the public or to the Media. "
--90 Day Public Review Period - Judiciary REVISION-02 POSTED 07/05/2011 07:39, 7 May 2011 (EDT)
May 14, 2011
Proof-reading correction – Judiciary - 90 Day Public Review; 7 day
REVISION-03 POSTED 07/05/2011 13:36 7 May 2011 (UT) - punctuation -
change two semicolons to periods) posted 14:44 14 May 2011 (UT)
90 Day Public Review Period - Judiciary REVISION-03 POSTED 07/05/2011
change punctuation " semicolon ;" to "period ."
"Criminal Court:
(1) to hear evidence against individuals charged by the government for violating statutes of the criminal code;
(2) to declare a verdict of guilt or innocence based upon the evidence and witnesses in such cases;
--90 Day Public Review Period - Judiciary REVISION-03 POSTED 07/05/2011 07:39, 7 May 2011 (EDT)
May 14, 2011
Proof-reading correction – Judiciary - 90 Day Public Review; 7 day REVISION-04 POSTED 07/05/2011 13:39 7 May 2011 (UT) change "a" to "the" from the Civil Court posted 14:50 14 May 2011
90 Day Public Review Period - Judiciary REVISION-04 POSTED 07/05/2011
change "a" to "the" from the Civil Court
"Verdicts from a Civil Court may be appealed to the Court of Appeal. Verdicts from the Court of Appeal may be appealed to the Supreme Court of Nepal."
to
"Verdicts from the Civil Court may be appealed to the Court of Appeal.
Verdicts from the Court of Appeal may be appealed to the Supreme Court
of Nepal."
--90 Day Public Review Period - Judiciary REVISION-04 POSTED 07/05/2011 07:39, 7 May 2011 (EDT)
May 14, 2011
Proof-reading correction – Judiciary - 90 Day Public Review; 7 day REVISION-05 POSTED 07/05/2011 13:42 7 May 2011 (UT) space after (7) before text") posted 14:57 14 May 2011
90 Day Public Review Period - Judiciary REVISION-05 POSTED 07/05/2011
"space after (7) before text"
"(7)Cases in the Civil Court shall be heard before one Civil Court Judge. "
to
"(7) Cases in the Civil Court shall be heard before one Civil Court Judge. "
--90 Day Public Review Period - Judiciary REVISION-05 POSTED 07/05/2011 07:39, 7 May 2011 (EDT)
May 14, 2011 posted 15:08 14 May 2011 (UT)
90 Day Public Review Period - Judiciary REVISION-06 POSTED 07/05/2011
Change:
Supreme Court:
(1) to hear appeals from the Constitutional Court and the Court of Appeal.
Three or more Justices of the Supreme Court of Nepal must agree, based upon the constitutionality or merits of the case, to hear an appeal before the case may be brought before the full bench of the Supreme Court of Nepal.
(2) The Supreme Court of Nepal shall be the final arbiter in any case.
(3) The Supreme Court shall comprise of Seven Supreme Court Judges.
(4) Cases in the Supreme Court shall be heard before seven Supreme Court Judges.
To
Supreme Court:
(1) to hear appeals from the Constitutional Court and the Court of Appeal.
Three or more Justices of the Supreme Court of Nepal must agree, based upon the constitutionality or merits of the case, to hear an appeal before the case may be brought before the full bench of the Supreme Court of Nepal.
(2) In all cases of Criminal Justice appealed to the Supreme Court, all legal rights of the accused shall be upheld, including all legal rights delineated in this constitution and the legal rights guaranteed within the international treaties to which Nepal is a signatory member.
(3) In all cases before the Supreme Court, the Judiciary shall follow due process of law in an open and fair hearing according to international standards of justice.
(4) The Supreme Court of Nepal shall be the final arbiter in any case.
(5) No case before the Supreme Court shall be tried in secret nor shall any trial or hearing be closed to the public or to representatives or employees of news media organizations.
(6) All Supreme Court rulings and verdicts shall be open public records.
(7) The Supreme Court shall comprise of Seven Supreme Court Judges.
(8) Cases in the Supreme Court shall be heard before seven Supreme Court Judges.
--90 Day Public Review Period - Judiciary REVISION-06 POSTED 07/05/2011 07:39, 7 May 2011 (EDT)
May 14, 2011 posted 15:16 14 May 2011 (UT)
Proof-reading correction – Judiciary - 90 Day Public Review; 7 day REVISION-07 POSTED 07/05/2011 13:51 7 May 2011 (UT) remove line "Judges chosen how?
90 Day Public Review Period - Judiciary REVISION-07 POSTED 07/05/2011
remove line "Judges chosen how? "
--90 Day Public Review Period - Judiciary REVISION-07 POSTED 07/05/2011 07:39, 7 May 2011 (EDT)
May 14, 2011 posted 15:27 14 May 2011 (UT)
Proof-reading correction – Schedule for Elections to be Held - 90 Day Public Review; 7 day REVISION POSTED 07/05/2011 14:01 7 May 2011 (UT) Conform Guardian election to match Form of Government section
proofreading errors - Schedule for Elections to be Held REVISION POSTED 07/05/2011
change "It shall be a 2-step election:
First there shall be an open election where anyone who chooses to run can put their name on the ballot for election.
Then there shall be a second election six weeks after the first election wherein only the top two candidates from the first election shall be on the ballot.
From those two candidates, the citizens of Nepal will vote and choose one as Guardian.
to
"The Guardian of Nepal shall be elected directly by the people in a 2 step national election.
First there shall be an open election where everyone's name is up for election.
Then there shall be a second election six weeks after the first election wherein only the names of the top two candidates who received the most votes in the first election shall be on the ballot.
From those two candidates, the citizens of Nepal will vote and choose one as Guardian of Nepal. "
-- proofreading errors - Schedule for Elections to be Held 07/05/2011 05:37, 7 May 2011 (EDT)
May 14, 2011 posted 15:37 14 May 2011 (UT)
Proof-reading correction – Armed Forces - 90 Day Public Review; 7 day REVISION-02 POSTED 07/05/2011 14:12 7 May 2011 (UT) Capitalize first letter in name for authorization
proofreading errors - Armed Forces REVISION-02 POSTED 07/05/2011
error
change "Authorization to mobilize Armed Forces personnel and equipment to engage in operations of National Defense and military combat shall be derived from the following conditions and actions:
Armed military combat operations shall only be authorized for: "
TO
"Authorization to Mobilize Armed Forces Personnel and Equipment to
Engage in Operations of National Defense and Military Combat shall be
derived from the following conditions and actions:
Armed military combat operations shall only be authorized for: "
--proofreading errors - Armed Forces 07/05/2011 05:57, 7 May 2011 (EDT)
May 14, 2011 Posted 15:43 14 May 2011 (UT)
Proof-reading correction – Armed Forces - 90 Day Public Review; 7 day REVISION-03 POSTED 07/05/2011 14:15 7 May 2011 (UT) Change Peace-Keeping to peacekeeping
proofreading errors - Armed Forces REVISION-03 POSTED 07/05/2011
ERROR - spelling "Peace-Keeping" change to "peacekeeping"
(2) the fulfillment of International Peace–Keeping obligations under the authority and direction of the United Nations.
and
"Authorization to Mobilize Armed Forces Personnel and Equipment to Engage in Operations of National Defense and Military Combat may not, under the authority of this Constitution, be approved under any circumstances at any time for armed military combat operations wherein Nepal Armed Forces Service Personnel are placed under the laws of any foreign government or the command of any foreign military or the command of any foreign military commander, excepting when participating in International Peace–Keeping obligations under the authority and direction of the United Nations, as authorized by the United Nations, the National Assembly of Nepal and the Guardian of Nepal. "
--proofreading errors - Armed Forces 07/05/2011 05:57, 7 May 2011 (EDT)
May 14, 2011 Posted 15:52 14 May 2011 (UT)
Proof-reading correction – Armed Forces - 90 Day Public Review; 7 day REVISION-04 POSTED 07/05/2011 14:19 7 May 2011 (UT) "The Guardian has veto over any vote by the National Assembly giving Authorization
proofreading errors - Armed Forces REVISION-04 POSTED 07/05/2011
after: Armed military combat operations shall only be authorized with a
vote of approval by 67 percent of all elected members of the National
Assembly; and with the signature of consent of the Guardian of Nepal.
and before: Following the approval by the National Assembly and the Guardian of Nepal for Authorization to Mobilize Armed Forces Personnel and Equipment to Engage in Operations of National Defense and Military Combat, such mobilization shall be effected by a written request for assistance delivered from the Guardian of Nepal to the Head of Military Command.
add: "The Guardian has veto over any vote by the National Assembly giving Authorization to Mobilize Armed Forces Personnel and Equipment to Engage in Operations of National Defense and Military Combat. "
--proofreading errors - Armed Forces 07/05/2011 05:57, 7 May 2011 (EDT)
May 14, 2011 Posted 15:58 14 May 2011 (UT)
Proof-reading correction – Armed Forces - 90 Day Public Review; 7 day REVISION-05 POSTED 07/05/2011 14:22 7 May 2011 (UT) 2011 No foreign troops and no private-for-hire paramilitary security personnel or mercen)
proofreading errors - Armed Forces REVISION-05 POSTED 07/05/2011
error Change:
No foreign troops and no private-for-hire paramilitary security personnel or mercenaries may operate in or on Nepal Sovereign Territory or Airspace without the expressed consent of the people of Nepal as expressed through a vote of referendum.
To
No foreign troops and no private-for-hire paramilitary security
personnel or mercenaries may operate within Nepal Sovereign Territory or
Airspace without the expressed consent of the people of Nepal as
expressed through a vote of referendum.
--proofreading errors - Armed Forces 07/05/2011 05:57, 7 May 2011 (EDT)
May 14, 2011 Posted 16:05 14 May 2011 (UT)
Proof-reading correction – Armed Forces - 90 Day Public Review; 7 day REVISION-06 POSTED 07/05/2011 14:25 7 May 2011 (UT) 2011 error punctuation change last "semicolon ;" to a "period.
proofreading errors - Armed Forces REVISION-06 POSTED 07/05/2011
error punctuation change last "semicolon ;" to a "period ."
from - "Armed military combat operations should only be entered into after serious consideration of the consequences and costs, both human and economic;
and
armed military combat operations should only be entered into with the support of the citizens of Nepal; "
to
"Armed military combat operations should only be entered into after
serious consideration of the consequences and costs, both human and
economic;
and
armed military combat operations should only be entered into with the support of the citizens of Nepal. "
--proofreading errors - Armed Forces 07/05/2011 05:57, 7 May 2011 (EDT)
May 14, 2011 Posted 16:10 14 May 2011 (UT)
8 Proof-reading corrections – Rights and Freedoms of All Citizens - 90 Day Public Review; 7 day REVISION-02 POSTED 07/05/2011 14:53 7 May 2011 (UT) 2011 small edits
8 proofreading errors - Rights and Freedoms of All Citizens REVISION-02 POSTED 07/05/2011
There are 8 proofreading errors - Rights and Freedoms of All Citizens REVISION-02 POSTED 07/05/2011
error 1 spacing add space between
"All citizens of Nepal are free and equal in dignity, rights and freedoms.
and
"In the free exercise of a person's rights and freedoms, one may not deprive another person of their rights and freedoms. "
Admin Note: This posting (error 1)is no long applicable because
earlier today (14/7/2011) the entire document was checked for line
spacing conformity and the problem was corrected at that time.
Error 2 change "13. All persons of full age, without any limitation due to race, nationality, religion, social order, gender, or sexual orientation have the right to marry Such individuals are entitled to equal rights as to marriage, during marriage and at its dissolution. "
to
13. All persons of full age, without any limitation due to race,
nationality, religion, social order, gender, or sexual orientation have
the right to marry. Such individuals are entitled to equal rights as to
marriage, during marriage and at its dissolution.
(Posted 16:19 14 May 2011 (UT))
ERROR 3
change: "20. Every human being has the inalienable right to self-sovereignty over their own consciousness. "
to
"20. Every human being has the inalienable right to self-sovereignty over his/her own consciousness. (Posted 16:21 14 May 2011 (UT))
Error 4
change;
"30. Everyone has the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. "
to
"30. Everyone has the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and the government established by this constitution shall take appropriate steps to safeguard this right. (Posted 16:22 14 May 2011 (UT))
Error 5 punctuation
paragraph 31 d) add a "period ."
"(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays (Posted 16:23 14 May 2011 (UT))
error 6
remove "Legal Rights" from between paragraphs 36, and 37 (posted 16:24 14 May 2011 (UT))
error 7 Gender
Paragraphs 37, 38, 40,
that say he, his, him, himself
change to he/she, his/her, him/her, himself/herself (Posted 16:26 14 May 2011 (UT))
Error 8 redundancy
37. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
and
"42. No one shall be subjected to arbitrary arrest, detention or exile. "
Admin Note: This posting (error 8) was not corrected because no
specific revision order was posted. Although there is redundancy, the
way to resolve it was not specified.
-- proofreading errors - Rights and Freedoms of All Citizens 07/05/2011 06:33, 7 May 2011 (EDT)
END 8 Proof-reading corrections – Rights and Freedoms of All Citizens -
90 Day Public Review; 7 day REVISION-02 POSTED 07/05/2011 14:53 7 May
2011 (UT) 2011 small edits
May 14, 2011 Posted 16:52 14 May 2011 (UT)
5 Proof-reading corrections – Duties and Limitations of Government - 90
Day Public Review; 7 day REVISION POSTED 07/05/2011 14:50 7 May 2011
(UT) 2011
5 proofreading errors - Duties and Limitations of Government REVISION-02 POSTED 07/05/2011
error 1 punctuation change semicolons to periods
"5. The Government under the direction of the Guardian shall maintain tight controls over all government financial, budgetary and monetary matters.
There shall be open public accounts of all government income and expenditures,
There shall be open public accounts of all income and expenditures by elected persons;
There shall be open public accounts of all income and expenditures by government departments;
There shall be open public accounts of all income and expenditures by appointed officials; "
error 2 punctuation change semicolons to periods
"The Auditor-General shall conduct an annual public audit of all public accounts, financial records, and income and expenditures; "
error 3 punctuation change semicolons to periods
"11. The government shall improve all aspects of environmental and industrial hygiene;
12. The government shall be responsible for the prevention, treatment
and control of epidemic, endemic, occupational and other diseases; "
Error 4 Remove line
"[See DISCUSSION page for more details] "
Error 5 - change "the Media" to "representatives or employees of news media organizations"
"the Auditor-General's report shall be published in an open and transparent process, available for examination by all citizens, all media, and all elected representatives. "
-- proofreading errors - Duties and Limitations of Government 07/05/2011 06:50, 7 May 2011 (EDT)
END 5 Proof-reading corrections – Duties and Limitations of Government - 90 Day Public Review; 7 day REVISION POSTED 07/05/2011 14:50 7 May 2011 (UT) 2011
May 14, 2011 Posted 16:59 14 May 2011 (UT)
proofreading errors - Suggestions for Proposed Laws and Regulations REVISION-02 Posted 07/05/2011
add
"review and pass updated POLICE ACT OF NEPAL."
--90 Day Public Review Period - Suggestions for Proposed Laws and Regulations REVISON Posted 07/05/2011 07:11, 7 May 2011 (EDT)
May 20, 2011 revision made to text 14:34 20 May 2011 (UT)
Final Posting of Constitution of Nepal, May 29, 2011 for 14 day Final Review Period - revision 1: Process and Schedule to Ratify Constitution, paragraph 6 REVISION POSTED 48 hours - posted 14:24 18 May 2011 (UT)
Process and Schedule to Ratify Constitution, paragraph 6
Change the sentence:
6. This constitution shall be ratified by either vote or signature of the citizens of Nepal, along with their fingerprint or thumbprint, within two months of the constitution being established in law.
to
6. This constitution shall be ratified by the signature or mark of the
citizens of Nepal, along with their fingerprint or thumbprint, within
two months of the constitution being established in law. Approval to
Ratify the Constitution shall require a minimum of 67 percent of all
citizens who cast their ballot in the election putting their signature
or mark to paper ratifying the constitution.
--admin 10:20, 18 May 2011 (EDT)
May 26, 2011 23:59 (NPT)
FINAL TEXT POSTED
END Appendix 2: Additions, Modifications, and Corrections
18 Appendix 3: Election Writ
Election Writ May 29 2011 2nd wavelength
Whereas, this constitution shall be subject to ratification by the citizens of Nepal;
and
whereas, this constitution shall be ratified by either vote or signature of the citizens of Nepal, along with their fingerprint or thumbprint, within two months of the constitution being established in law,
A vote of ratification shall be held on Sunday July 24, 2011 under the authority of the Election Commission of Nepal.
Polls shall be open at 6:23 AM and remain open until they close at 6:58 PM; from the passing of the moon meridian until the setting sun.
END Appendix 3: Election Writ
END TEXT - CONSTITUTION OF NEPAL, MAY 29, 2011
(see comments on Discussion page)
19 External Links
UNIVERSAL DECLARATION OF HUMAN RIGHTS, United Nations.
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, United Nations
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, United Nations
Full screen countdown clock to the Constitution deadline -- midnight on May 28, 2011
VIDEO President Obama, Egypt: A Historic Day of Change to Democracy (source: Youtube.com)
