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The Interim Constitution of Nepal 2063 (2007)

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The Interim Constitution of Nepal 2063 (2007) THE INTERIM CONSTITUTION OF NEPAL 2063 (2007) AS AMENDED BY THE FIRST TWO AMENDMENT ACTS 2063 AND 2064 (2007)* TABLE OF CONTENTS Preamble ............................................................................................................1 Part 1 Preliminary ..............................................................................................2 1. Constitution as the fundamental law..................................................2 2. Sovereignty and state authority..........................................................2 3. Nation................................................................................................ 2 4. State of Nepal.................................................................................... 2 5. Language of the nation ...................................................................... 2 6. National flag...................................................................................... 2 7. National anthem etc........................................................................... 3 Part 2 Citizenship...............................................................................................4 8. Citizenship at the commencement of the Constitution .......................4 9. Naturalized or honorary citizenship...................................................4 10. Acquisition and termination of citizenship.........................................4 11. Citizenship team to be assigned.........................................................5 Part 3 Fundamental Rights ................................................................................. 6 12. Right to freedom................................................................................ 6 13. Right to equality................................................................................ 7 14. Right against untouchability and racial discrimination ......................7 15. Rights regarding publication, broadcasting and press ........................7 16. Rights regarding environment and health ..........................................8 17. Education and cultural rights .............................................................8 18. Rights regarding employment and social security..............................8 19. Right to property ............................................................................... 8 20. Rights of women ............................................................................... 9 21. Right to social justice ........................................................................ 9 22. Rights of children .............................................................................. 9 23. Right to religion................................................................................. 9 24. Rights regarding justice ................................................................... 10 25. Right against preventive detention................................................... 10 *Interim Constitution of Nepal (First Amendment), 2063 Chaitra 30 (April 13, 2007), and Interim Constitution of Nepal (Second Amendment), 2064 Jestha 30 (June 13, 2007). i 26. Right against torture ........................................................................ 11 27. Right to information ........................................................................ 11 28. Right to privacy............................................................................... 11 29. Right against exploitation................................................................ 11 30. Right Regarding labour ................................................................... 11 31. Right against exile........................................................................... 11 32. Right to constitutional remedy......................................................... 11 Part 4 Responsibilities, Directive Principles and Policies of the State .............. 12 33. Responsibilities of the State............................................................. 12 34. Directive Principles of the State....................................................... 13 35. State policies ................................................................................... 14 36. Questions not to be raised in court................................................... 16 Part 5 Executive ............................................................................................... 17 37. Executive power.............................................................................. 17 38. Constitution of the Council of Ministers.......................................... 17 39. State Ministers and Assistant Ministers ........................................... 18 40. Appointment of non-member of Legislature-Parliament as Minister18 41. Remuneration and other benefits ..................................................... 18 42. Oath................................................................................................. 19 43. Conduct of business of the Government of Nepal............................ 19 44. The Council of Ministers after the formation of Constituent Assembly ........................................................................................................ 19 Part 6 Legislature-Parliament ........................................................................... 20 45. Constitution of Legislature-Parliament ............................................ 20 46. Qualifications for membership ........................................................ 20 47. Decision as to disqualification of members...................................... 21 48. Vacation of seat............................................................................... 21 49. Oath................................................................................................. 21 50. Speaker and Deputy Speaker of the Legislature-Parliament............. 21 51. Summoning and prorogation of sessions.......................................... 22 52. Address by the Prime Minister ........................................................ 22 53. Quorum ........................................................................................... 22 54. Transaction of business in case of vacancy in membership.............. 22 55. Voting ............................................................................................. 23 55A. Vote of confidence......................................................................... 23 56. Privileges......................................................................................... 23 57. Procedure Relating to the conduct of business................................. 24 57A Opposition ..................................................................................... 24 58. Committees ..................................................................................... 24 59. Constituent Assembly to exercise the powers of the Legislature- Parliament ....................................................................................... 24 60. Restriction on discussion ................................................................. 25 61. Secretariat of Legislature-Parliament............................................... 25 ii 62. Remuneration .................................................................................. 25 Part 7 Constituent Assembly ............................................................................ 26 63. Formation of the Constituent Assembly........................................... 26 64. Term of the Constituent Assembly .................................................. 27 65. Qualifications of the members ......................................................... 27 66. Decision about disqualification of members .................................... 28 67. Vacation of seat of a member ......................................................... 28 68. Oath of members ............................................................................. 28 69. Meeting of the Constituent Assembly.............................................. 28 70. Procedure for passing a Bill relating to the Constitution.................. 29 71. Chairperson and Vice Chairperson of the Constituent Assembly..... 29 72. Vacation of the office of Chairperson and Vice Chairperson ........... 30 73. Quorum ........................................................................................... 30 74. Transaction of Business of the Constituent Assembly in the case of vacancy in Membership................................................................... 30 75. Voting ............................................................................................. 30 76. Penalty for Unauthorized Presence or Voting .................................. 30 77. Privileges......................................................................................... 31 78. Procedure relating to the conduct of business .................................. 31 79. Committees ..................................................................................... 32 80. Secretariat of the Constituent Assembly .......................................... 32 81. Remuneration .................................................................................. 32 82. Dissolution of the Constituent Assembly......................................... 32 83. Acting in the capacity of Legislature-Parliament ............................. 32 Part 8 Legislative Procedure............................................................................
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