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

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTSPart 23 deals with what are called “Transitional Issues". This means things thatmust be done because there is a new constitution and a new situation in the country.Origianally it said that these are: the King has no powers in connection withgovernment; and the Prime Minister is the person responsible for the governance ofthe country. In fact, when the Constitution was amended for the third time, inDecember 2007, the Prime Minister was made Head of State until the republicanstatus of Nepal is implemented by the Constituent Assembly. Finally the King wasremoved by the first meeting of the Constituent Assembly. All property of late KingBirendra, late Queen Aishwarya and other members of their family must be put in atrust so that the property can be used for the benefit of the nation. All propertyacquired by King Gyanendra as King must be nationalized. The existing Council ofMinisters was to continue until a new one was created under this Constitution. Assoon as the Constitution was adopted by the House of Representatives the existingParliament was to be dissolved and the new Legislature Parliament was to sit on thesame day. Any Bills for new laws being considered by the old parliament would betransferred to the new. Existing judges remained in office and continued to hearcases but had to take a new oath of office under the Interim Constitution. Any judgewho refused would lose his or her job. There must be gradual reforms in courts tomake the system, “independent, clean, impartial and competent". Existingconstitutional bodies would continue. The Human Rights Commission wouldcontinue until a new one was set up under the Constitution. All existing lawswould continue. But any laws that are not consistent with the Constitution cease tobe valid after three months – but if only part of a law is inconsistent then only thatpart is invalid.Part 24 defines a few words that are used in the Constitution. Chapter 25 says thatthe Interim Constitution must be passed by the House of Representatives andapproved by the new Legislature Parliament (which happened on January 15 2007).And the 1990 Constitution ceases to exist.The Constitution also has some Schedules. The first gives details of the nationalflag. One gives the text of the Comprehensive Peace Agreement and another the textof the Agreement on Arms Monitoring.34