Constitutional development of Nepal

1.Nepal Government Act - 2004 B.S

• the first constitution of Nepal. It consisted of 6 Parts, 68 Articles, and 1 Schedule.
• provisions for fundamental rights and duties, the Council of Ministers, Courtiers' Assembly, Bicameral Parliament, Public Service Commission etc.
• Prime Minister Padma Shamsher could not enforce the constitution because of undue pressure from resistant Ranas like Babar Shumsher and Mohan Shumsher. So, it just remained a constitution without implementation.

2. Nepal Interim Government Act - 2007 B.S. 

• Promulgated on 17th Chaitra 2007 after successfully overthrowing the Ranas, Nepal 
• divided into 7 Parts, 73 Articles, and 3 Schedules. 
• It made provisions for Directive Principles and Policies of the Government, Council, Election Commission, financial procedure, etc. 
• This Interim Constitution remained active for unexpectedly a longer time, as late as until 2015 B.S

3.The Constitution of the Kingdom of Nepal - 2015 B.S. 

• As a more democratic constitution, made a provision for Adult Franchise, Bicameral Parliament, Auditor General, Constitutional Monarchy, King's emergency power, Supreme Court, an independent Judiciary, Election Commission etc.
• It consisted of 10 Parts, 77 Articles, and 3 Schedules.
• This democratic constitution was promulgated on 1st Falgun 2015 B.S. but was soon suspended, almost fully on 1stPoush 2017 by power seeking King Mahendra

4.The Constitution of Nepal - 2019 B.S.

• gave constitutional recognition to the party-less Panchayat system, put into practice by King Mahendra in 2017 BS.
• It was divided into 20 Parts, 97 Articles, and 2 Schedules.
• It provided people's Fundamental Rights, Adult Franchise, the Council of Ministers, National Panchayat, Supreme Court, etc.
• Promulgated on 1st Poush 2019 BS, this constitution was amended in 2023 B.S., 2032 B.S., and 2037 B.S. and was finally abandoned by the popular movement in 2046 B.S. that restored the multi-party system in the country.

5.The Constitution of Kingdom of Nepal - 2047 B.S 

• Promulgated by King Birendra on 23 Kartik 2047 BS after the success of the Popular Movement I,
• the constitution of the Kingdom of Nepal 2047 BS was divided into 23 parts, 133 articles, and 3 schedules.
• It was noted for its provisions for more fundamental rights, sovereignty inherent in people, constitutional monarchy, multiparty democracy, adult franchise, independent judicature, the rule of law, etc. However, some of its articles gave way to the king's efforts for taking more executive movement II in 2063 BS.

6.The Interim Constitution of Nepal - 2063 B.S.

• The Interim Constitution of Nepal 2063 B.S. was promulgated on 1st Magh 2063 B.S. by Legislative Parliament.
• Divided into 25 Parts, 167 Articles, and 4 Schedules, this constitution established Nepal as a secular and republican state whose state power is inherent in the people.
• The constitution provided for the unicameral Legislature Parliament, election of the Constituent Assembly, recognition of Human Rights Commission as a constitutional organ, appointment of the Commander-in-Chief of the Army by the Prime Minister and so on. It underwent eleven different amendments before its fifth anniversary.

7.Constitution of Nepal - 2072 BS

• The Constitution of Nepal 2072 BS was promulgated by President Ram Baran Yadav unveiled on behalf of Speaker Subash Chandra Nembang on 3rd Ashwin 2072 BS.
• It is divided into 35 parts, 308 articles, and 9 schedules. It is the seventh constitution of Nepal. It was amended on 9th Magh 2072 B.S.

The following are the major characteristics of the constitution:

• Secularism
• Federal model with seven provinces
• Democratic Republican State
• Independent and fair judiciary
• Executive rights on Council of Ministers
• President as a ceremonial head of the state
• Full press freedom
• Citizenship by descent to a child of a Nepali father or mother
• Sovereignty of people

The Constitution Day in Nepal will always remain to be The Black Dayfor Madhesis until the meaningful amendment of the constitution addresses their dissatisfaction. Unless the constitution is amended, its legitimacy will always be questioned. The Madhes will have ownership over this constitution only after it is amended to meet their aspirations. Then only, we will observe The Constitution Day

Conclusions

Ninenty four years after the promulgation of Muluki Ain, Nepal had it’s first constitution. With the rise of democracy, the need for constitution further garnished. Within six decades, six different constitutions have been announced so far in Nepal.Those constitutions were not fully democratic. Those constitutions failed because they were not formulated according to the democratic participation and wishes of people. Some of them were formulated merely as the means for the rulers to satisfy their ambitious hunger for power.

Nepal is now federal democratic republic country. The present constitution of Nepal leaves a unsatisfied madhesi people behind during the drafting procedure of constitution. Nepal has moved a forward at present context and successfully conducted a three- tier election. However, the government should pay attention to all the unsatisfied groups and their demands and must try to build ownership of constitution in a democratic way.