Constitutional Law

B.A.LL.B
Third Semester

Far Western University

Ass. Prof. Padam Pal
Unit one

1.1. Meaning and Definition of

constitution and constitutional law
Meaning and Definition of constitution

Concept: the constitution of the country

determines the administration system of the
nation. Constitution tries to separate and
control the power between the three organs
of the state executive, judiciary and
legislature in modern period.
Meaning and Definition of constitution

The term constitution comes through French

from the Latin word Constitutio, used for
regulation and order, such as the imperial
enactments.
Meaning and Definition of constitution

The vast majority of contemporary

constitutions describe the basic principles of
the state, the structures and processes of
government and the fundamental rights of
citizens in a higher law that cannot be
unilaterally changed by an ordinary legislative
act. This higher law is usually referred to as a
constitution.
Meaning and Definition of constitution

 "A body of fundamental principles or

established precedents according to which a
state or organization is governed". - The
Oxford English Dictionary.
 The basic principles and laws of a nation,
state or social group that determine the
powers and duties of the government and
guarantee certain rights to the people in it.
Meaning and Definition of constitution

 A written instrument embodying the rule of a

political or social organization.

 A constitution consists of "the fundamental

principles on which a state is governed,
especially when considered as embodying
the rights of subjects".- The Collins
dictionary says
Meaning and Definition of constitution…..
According to A.V Dicey: the constitution as
the collection of two types of rule which is
made for the regulation of government. The
first type of rule are those rules which are
written in constitution and laws and those are
considered as pure law and second types of
rule are not written in constitution and law
but recognized by society and court such as
custom, convention treaty etc.
Meaning and Definition of constitution…..

It answer the questions such as: what type of

government should be? What is the method
to form the government? What kind of the
relation should be there between citizen and
government? what are the rights of the
people and methods to protect such rights?
Meaning and Definition of constitution…..

The constitution is considered as the

fundamental law of land, if any law is
inconsistent with the constitution it shall be
declared void for such inconsistency.
It also establishes various organs of the
government and shares the power and
authority to such organs.
Meaning and Definition of constitution…..

Merriam Webster: the basic principles and

laws of a nation, state, or social group that
determine the powers and duties of the
government and guarantee certain rights to
the people in it
A constitution is a set of fundamental legal-
political rules that: (1) are binding on
everyone in the state, including ordinary
lawmaking institutions;
Meaning and Definition of constitution…..

 (2) concern the structure and operation of

the institutions of government, political
principles and the rights of citizens; (3) Are
based on widespread public legitimacy;
 (4) are harder to change than ordinary laws
(e.g. a two-thirds majority vote); (5) as a
minimum, meet the internationally
recognized criteria for a democratic system
in terms of representation and human rights.
Constitutional History of Nepal
The Government of Nepal Act, 2004:
• The government of Nepal Act is the first
written constitution of Nepal, promulgated by
Padma Sumsher. This constitution is the first
foremost constitution of Nepal which was
never be implemented. Though, it was not
actually the true constitution while
formulating it. It had accomplished with all
the essential element of the constitution. So,
was the reason it had remarked as the
constitution.
Features:
• Constitution promulgated by Rana Prime
Minister:
 preamble
 First written constituion
 Fundamental rights and duties; freedom of
expression, equality before the law,
compulsory and free primary education,
rigt of adult franchise etc
 Attorney General: chief Legal Advisor for
the P.M.
Features:
 Judiciary: it had provisioned the
establishment of a Pradhan Nyayalaya
with one chief justice and 12 other
justices.
 The Act/Constitution were divided into six
parts, sixty eight Articles.
The Interim Government of Nepal Act,
2007
 The political revolution of 2007 ended the
104 years arbitrary rule of the Ranas.
Features:
the first constitution promulgated by king
and the second written constitution:
 Directive principles of the state policy:
 Fundamental rights and duties:
 Executive: this constitution gave the joint
power of an executive to the king and
cabinet
 Legislative power: to king
 Judicial power: Pradhan Nyayalaya was
the supreme judicial body
 It contained 7 parts and 47 Articles.
The Constitution of the Kingdom of Nepal,
2015

 King Mahendra formed a commission, As

the advisor of the commission Sir Ivor
Jennings, expert of the constitution of
Cambridge University of U.K was invited
to draft the constitution.
Features

o Emergency Power:
o Independence Judiciary:
Hindu Nation: This constitution had firstly
declared the Nepal as the Hindu Nation
Nepali as a National Language: This
constitution had concluded the Nepali as a
National Language of the Nepal.
The Constitution of Nepal, 2019

This constitution declared and enacted by

the King Mahendra on Poush 1st 2019 B.S
Characteristics
Fundamental Right and Duties: Citizen had
certain duties and cooperation with each
other to make a good environment in nation.
Supreme Court: According to this
constitution Nepal had the judiciary system
Provision to form constitutional organs:
This constitution had establish constitutional
organs like, public service commission,
Auditor General, Attorney General are
established in this constitution.
Characteristics…..
Provision for Group organization: The
constitution of Nepal had a special provision
to organize the various group organization
base on age group profession, sex etc. Like
the Student Organization, women
organization, farmer organization.
Public service commission: The constitution
of Nepal Act 2019 B.S had organized one
public service commission
 Nepali language: Nepali language taken as
the national language by this constitution.
Election commission:
The constitution of the Kingdom of Nepal,
2047

After the restoration of multy-party system,

the interim government was given
responsibility to make a new constituion
based on multi-party democratic system.
Features

 Sovereignty vested on Citizens:

 Constitution as fundamental law:
 Parliamentary system:
 Fundamnetal rights: recognized human
rights
 Rule of Law: adopted the concept, everyone
is equal before the law and equal protection
of law.
The Interim Constitution of Nepal, 2007

Features
Fundamental law: “this constitution shall be
the fundamental law of Nepal. Any law
inconsistency shall be declared void up to
the level of Inconsistency”
Independent Judiciary:
Federal Democratic System of Government: it
has not provisioned about federalism while
it was promulgated.
Secularism: religious freedom
Constitution of Nepal, 2015
The Constitution of Nepal 2015 is the
seventh constitution of Nepal. This is the
first Constitution made and adopted by the
Constituent Assembly (CA), which was
specifically elected for this purpose. The
President of Nepal proclaimed it on
September 20, 2015.
Salient Features
Supremacy of Constitution
Guaranteed fundamental rights and freedom
of the citizen
Sovereignty vested in the people
Independent judiciary
Multi-party system
Rule of law
Thanks for your invaluable time.