Constitution - Study Guide
What this domain tests
The Constitution of Nepal 2072 (2015) is the supreme law. Expect questions on its features, fundamental rights, federal structure, state organs, constitutional bodies and amendment procedure.
Core rules
- Nepal is a federal democratic republic and a secular state with three tiers: federal, 7 provinces and 753 local levels.
- Part 3 contains fundamental rights, commonly counted as 31. Most are enforceable, but several are subject to laws and progressive realisation, such as education, health and employment.
- Part 4 contains directive principles, policies and obligations. These guide the state but are not directly enforceable in the same way as fundamental rights.
- Federal Parliament: House of Representatives has 275 members (165 first-past-the-post and 110 proportional); the National Assembly has 59 members (56 elected and 3 nominated).
- The President is elected by an electoral college of Federal Parliament and Provincial Assembly members, with weighted votes. The Prime Minister is the executive head.
- Amendment under Article 274 requires a two-thirds majority of the total membership in each house; provisions affecting a province's boundary, name or capital also require that provincial assembly's approval.
Worked example
'How is the President elected?' Reasoning: not by direct popular vote and not by the House of Representatives alone. The electoral college includes House of Representatives members, National Assembly members and Provincial Assembly members, and votes are weighted so the federal and provincial components balance. The trap is choosing 'directly elected' or 'by Parliament only'.
Traps that cost marks
- Mixing the 275-member House of Representatives with the 59-member National Assembly.
- Saying all fundamental rights are absolute; many contain limitation clauses.
- Treating 'secular' as 'anti-religion'. Nepali secularism means religious neutrality and protection of religion.
- Forgetting provincial consent in amendments affecting province boundaries or names.