The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTSPart 19 is about arrangements for dealing with situations of emergency. This may beby war, invasion, armed rebellion or “extreme economic disarray" – it does notmention natural disaster like earthquake or floods. In such a situation the Councilof Ministers can declare a “state of emergency" which will give them extra powers tocope with the situation and also enable them to ignore some of the human rights inPart 4. The state of emergency must be approved by the Legislature Parliamentwithin one month and can't last for more than 3 months without further approvalfrom the Legislature. Two-thirds of the Legislature Parliament must vote for thestate of emergency if it is to be valid. If any official causes damage, like damagingproperty to prepare defences against invasion, the person whose property wasdamaged can claim compensation.Part 20 is about the army. The President is the Supreme Commander, and office thatused to be held by the King but was not mentioned in the Interim Constitution untilthe most recent changes. This is presumably a purely honorary appointment withno real powers. It says that the commander in chief is appointed by the Council ofMinisters, and the Council of Ministers manages the Army. The Council of Ministersmust prepare, and carry out, a plan for the democratization of the Army; the planmust have the consent of the political parties and the Council of Ministers mustconsult the relevant committee of the Legislature-Parliament about it. This planmust include training for the army in democracy and human rights. There must bea National Defence Council which makes recommendations to the Council ofMinisters about the Army. The Defence Council consists of 6 Ministers (the PrimeMinister, the Defence and Home Ministers and 3 others). If the Army is brought intoaction (except to deal with a natural disaster) this must be approved by a specialcommittee of the Legislature Parliament within one month. The Council of Ministersmust form a special committee to deal with the question of integrating andrehabilitating the Maoist Army. Other matters about the Maoist Army must be doneas agreed in the peace agreements. The 5 th Amendment of the Constitution says thatthere must be a law to ensure “enlisting of Madhesi, indigenous ethnic groups,Dalits, women, and people from backward and other regions into the armed forceson the basis of the principles of equality and inclusiveness".Part 21 says that the Interim Constitution can be changed by a vote of at least twothirdsof those members of the Legislature Parliament who are present at the time ofthe vote. This procedure was used to change the Constitution six times between2007 and 2008.30