Miscellaneous
CA okays 57 articles
The Constituent Assembly (CA) has endorsed four parts and 57 of the 302 articles of the draft constitution, including the seven-province model of federal structure at the end of second day’s voting on Monday.Binod Ghimire
The Constituent Assembly (CA) has endorsed four parts and 57 of the 302 articles of the draft constitution, including the seven-province model of federal structure at the end of second day’s voting on Monday.
Provisions on secularism, right of women, citizenship, other languages for official use in the provinces, right to emergency healthcare, were among the articles of the new constitution approved on the day.
The amendment proposals registered jointly by the major parties—Nepali Congress, CPN-UML and UCPN (Maoist)—were endorsed, while a majority of other proposals registered by the lawmakers from various other parties failed to get CA’s nod.
Having endorsed the first three articles on Sunday, the CA proceeded with the voting process on the fourth article concerning provisions on secularism and socialism—one of the most contentious issues in the constitution drafting process.
Rastriya Prajatantra Party Nepal, the fourth largest party in the CA, had been in protest to reinstate Nepal as a Hindu state and registered amendment proposal accordingly. But the Assembly voted against the amendment proposal by two-thirds majority.
The CA has endorsed that all languages spoken in Nepal as national language and Nepali written in Devnagari script as official language, allowing the federal provinces to use one or two other languages as official language.
The CA also has endorsed that a person who is entitled to the citizenship of Nepal by descent may obtain the citizenship certificate after either of his/her parents along with gender identity. However, it bars women to pass on citizenship to their children independently.
For the first time, Article 14 of the draft constitution ensures citizenship to the non-resident Nepalis (NRNs) who are residing in the countries other than in the Saarc region but without political rights.
The Article 19 ensures that there will be no prior censorship of publications and broadcasting, or information dissemination, or printing of any news item, editorial, article and features. Similarly, the CA has also endorsed Article 31 guaranteeing the right to compulsory and free basic education and free education up to the secondary level for the first time in the country.
During the voting process on Monday, the CA also rejected Rastriya Majdoor Kisan Party’s amendment proposal, calling for capital punishment for heinous crimes and endorsed the provision for no exile. The CA also endorsed Article 56 that has provision for three tiers of government once the country is federated into seven provinces.
Provisions endorsed until Monday
-Three tiers of government: federal, provincial and local with the country federated into seven states
-Sovereignty and state authority vested in the people
-Inclusive democratic, socialism-oriented federal democratic republican state
-Secularism, with the provision for protection of religion that has been followed traditionally; Freedom to profess, practice, and preserve religion according to one’s faith
-All languages spoken in Nepal declared national language; Nepali language written in Devnagari script as official language; Federal provinces can use one or more languages as -Single federal citizenship with provincial identity in Nepal; The person who is entitled to citizenship of Nepal by descent may obtain the citizenship certificate after the name of either parent along with gender identity; NRN citizenship to those who are residing in the countries other than Saarc region
-Positive discrimination for the empowerment and advancement of marginalised communities
-No prior censorship of publications and broadcasting, or information dissemination, or printing of any news item, editorial, article, feature
-Right to seek basic health care services from the state and no citizen shall be deprived of emergency health care.
-Woman shall have equal right to lineage without any gender discriminations including equal rights to property and family affairs
-Right to participate in all agencies of the state based on the principle of proportional inclusion for Dalits.
-No exile, no capital punishment
-Fair distribution of the fruits of development and available means and resources