Impacts of both 2046 and 2063 movements in people's lives, livelihood and health of individuals, families and rural and urban communities

"Movements" are viewed as normal in nations whose political-social issues have not been resolved. Every almost ten years, there are significant movements in Nepal. The history of the populist movements from 2007 to 2063 demonstrates that successful movements in Nepal are those that have defined objectives and are sincere and non-violent. The personal and familial lives of both rural and urban residents have undergone significant transformation since the people's movement of 2046. Modernization, westernization, and urbanization are all advancing quickly in contemporary Nepalese society, along with political developments. The Nepali language, arts, literature, lifestyle, technique, thinking, eating habits, relationships, norms and values, core institutions, etc. have all undergone significant changes as a result, and more are expected. New jobs and businesses have developed. In many parts of the world, there is a situation where Nepalese can reach for research, study, and work. The state, economy, society, and culture have currently been restructured as a result of the 2062–2063 mass movement. The new method's definitions and arrangements were applied to Nepali society. It has some exercises that have been practiced and some that need to be. After the people's movement of 2062–1963, Nepal was declared a secular state, which is also one of the practices of reorganizing Nepalese society.

Impact of the movement on the personal and family life of the people of the rural communities:

After the establishment of democracy in Nepal, the construction of the east-west highway, the Malaria eradication and rehabilitation program in the Terai, the land reform program, the provision of a new Muluki Ain, and the new educational system laid the groundwork for growth and change in the country's rural society. The level of political consciousness among individuals of all levels increased after the people's movements in 2046 and 2062/63, and there were also significant improvements in their knowledge, perception, and behavior. It is evident that as a result, their personal and familial lives have undergone a significant transformation.

In Nepali society, many actions have been taken, such as the prohibition of Birta and Jhara Pratha, as well as the eradication of harmful customs like Zamindari practices. Initially, the highway's construction brought the Terai and Himalayan tribes into a situation of mutual engagement. Increasing ethnic and cultural identification, fostering fraternity among Nepalese, and moving from one place to another for commerce, profession, and work were all found to be well-accelerated. This is definitely a good thing. The Muluki Ain made an effort to eradicate racial and other forms of discrimination from the nation. Racial untouchability is still in use, however it is a practice that is fading. For their identity, rights, and freedom, Dalits, women, and marginalized communities have raised their voices. These are a lot of great developments in the Nepali socio-cultural system. It has also led to the development of brotherhood and co-existence in diversity.

Progress has been achieved in building roads, power, telephone, mobile, and internet networks, drinking water systems, hospitals, and other healthcare facilities as development projects have moved to rural areas. However, they are not created in response to community demands. Additionally, solar power systems have been set up in locations without an energy supply. The biggest modification is the recent declaration of open defecation-free zones in the majority of rural communities and regions. Accessible and competitive, education has also been geared toward practical and lifetime learning. In the past, Nepalese society believed that girls shouldn't receive an education, but today, daughters and sons have equal opportunities. The system of contemporary agriculture has become the choice of the farmers. 

Impact of the movement on the personal and family life of the people of the urban community:

The city can be described as densely populated, rapidly expanding in industry, commerce, and business, using contemporary scientific means of transportation and communication, developing social fields like education and health, having busy and complex living conditions, and offering employment opportunities. Overall, a lot of changes have occurred in urban residents' personal and family lives since the revolution of 2046. Following the people's movement of 2046, privatization enabled the production of goods like soap, noodles, matchsticks, clothing, footwear, biscuits, tea, cement, and building supplies. Small and homegrown industries are expanding more rapidly. Opportunities for employment increased.

Urban areas have developed transportation and development infrastructure, resulting in the opening of higher education institutions, hospitals, and industrial factories. Individuals began engaging in trade, commerce, and business. Facilities started to captivate people more and more. The consumerist, individualistic, and westernized aspects of Nepali society are gradually gaining ground. Additionally, there has been a shift in sociocultural rigidity. Additionally, assimilation and blending of cultures have both been created. The transfer of people from rural to urban regions is the main cause of it. Nowadays, the urban community's standard of living is noticeably higher and more prosperous than the rural community's standard of living.

People from urban communities began to directly benefit from state services as consciousness rose. They had access to opportunities for employment, education, and health. Even though the rural community health system in Nepal has significantly improved, the growth of the urban health system has not gone as planned.

Impact of movement on health:

In Nepal, health is one of the fundamental human rights, and the people's movement of 2046 increased public awareness of this fact. As a result, the government pledged to support health. Family planning, leprosy, TB, malaria, and maternal and child welfare programs were merged in 2047. In order to align the health sector with the principles of primary health care in the spirit of the people's movement, the first national health policy was created in 2048 B.S. It established sub-health posts in all VDCs and primary health centers in all constituencies in Nepal. The medical sciences institutes, hospitals, and private and cooperative health institutions all experienced a rapid expansion as a result of the policy's encouragement of private and cooperative investment in the health sector.

The people's movement of 2062–1963, which took place against the backdrop of the 10-year armed conflict, changed the country from a monarchy to a democratic republic and gave rise to federalism. For the first time, the state stated clearly in the Interim Constitution created following the movement that "health is a right of the citizen" and said that every citizen shall receive free basic healthcare from the state. Through a 10 point report, the Ministry of Health introduced various programs on the subject of health rights. During the same time frame, provisions were made to give the needy, the poor, and the destitute free access to basic healthcare and safe maternity services. The United Nations recognized Nepal for reaching the fourth and fifth Millennium Development Goals. Nepal has become one of the three nations making quick progress in the human development index thanks to improvements in health and education. Nepal Health Sector Program -2 (2066–2071) was finished during this time, and Nepal Health Sector Program -3 (2072–2077) was begun.

The statistics below demonstrate the progress made in one of the world's most difficult environments—one marked by armed conflict, economic decline, political instability, and protracted political transition—as a result of the aforementioned efforts.

                               Statistics on Progress in the Health Sector

                    Source: First draft of the new National Health Policy-2074

In accordance with constitutional provisions and commitments made at regional and international forums, the government has taken proactive steps to guarantee that all citizens have access to high-quality health services. The general public now has greater access to high-quality healthcare as a result of the quantitative and qualitative growth of the inclusion of health services during the planned development process through policy, programmatic, human resource development, supply of pharmaceuticals, and institutional efforts.In addition to that, local, private, communal, and non-governmental organizations have made contributions to healthcare. Due to qualitative and quantitative advancements in numerous vaccine programs and services linked to infectious and non-infectious diseases provided in Nepal, the average income has now surpassed 70 years. In a similar vein, infant mortality rate is 32 per 1,000 live births, child mortality under the age of five is 39 per 1,000 live births, and maternal mortality is 254 per 100,000 live births.

In a similar vein, even though services are not easily accessible, certain services for eye, cancer, heart, kidney, nerve, bone marrow, and plastic surgery have been established in the public and non-government sectors. The Laboratory and the Centers for Disease Diagnostics have been upgraded and extended. The majority of the infectious diseases that have plagued the nation over the past few decades, including malaria, rickets, leprosy, tuberculosis, diarrhea, asthma, typhoid, measles, elephantiasis, Kalazar, and HIV, are now under control. In terms of eliminating polio and small pox, Nepal has reached zero. Leprosy has been completely eradicated. Diseases like trachoma and maternal and infant rickets are curable. A campaign to control elephantiasis is in progress.

The health conditions have not much improved, even in the most remote areas and among the poorest and most disadvantaged strata, and neither has the accessibility to health services. The distribution of the available health care has not been equitable because of barriers related to culture, gender, economics, and society.

Democratic Features of the Constitution of 2047 and 2072 B.S in Relation to Health

Constitution

The constitution serves as the framework for national governance. The mother of the law, the fundamental law of the nation, and the legal text of political consensus are all terms used to refer to the constitution. Because other laws derive from the constitution and the courts have the authority to invalidate or repeal laws that conflict with it. There are both written and unwritten versions of the constitution. While other countries around the world have written constitutions, the United Kingdom's is an unwritten document. The political structure of the nation will determine the constitution's structure. The constitution serves as a gauge of democratic government. The political structure of the nation will determine the constitution's structure. The constitution serves as a gauge of democratic government. The constitution is referred to as the consolidation of legal and customary rules because it affects the economic, social, and political aspects of the nation in addition to being a collection of purely legal rules. The foundation of a state's structure is its constitution. The following are examples of the constitution:

• Structures the country's executive, legislative, judicial, and other constitutional bodies,
• Determines the fundamental duties, functions, and authority of such bodies,
• Establishes the process for performing the responsibilities and authority vested in those entities,
• Defining the relationship between the government and the people is the country's fundamental legislation, which guarantees the fundamental rights of the populace.

Either a revolution or an evolution results in the creation of the constitution. In fact, a new constitution will be necessary for a new mandate or for a waiver of a previously established governance system if a new state is created if there is growing popular unhappiness with the current state system. The constitution becomes unstable as a result of political instability. Since 2004 B.S., constitutional development in Nepal has been underway. On March 14, 2004, virtually at the end of the Rana era, Rana Prime Minister Padma Shamsher published the first constitution of Nepal, which is known as the Nepal Government Legal Act, 2004. There had never before existed a written or unwritten constitution in Nepal. There have been seven constitutions drafted in Nepal over the past seven decades, and they are as follows:

• Nepal Govvernment Legal Act-2004
• Interim Government Act of Nepal, 2007
• Constitution of the Kingdom of Nepal, 2015
• Constitution of Nepal, 2019
• Constitution of the Kingdom of Nepal, 2047
• Interim Constitution of Nepal, 2063
• Constitution of Nepal, 2072

Constitution of Kingdom of Nepal 2047

The Partyless Panchayat System was overthrown by the People's Movement on Chaitra 26, 2046, and on Baishakh 6, 2047, an 11-member provisional council of ministers was established, presided over by Krishna Prasad Bhattarai, head of the Nepali Congress. The fifth constitution of Nepal was ratified during the tenure of this Council of Ministers on Friday, 23 Kartik 2047.  After the 30 year Panchayat system was abolished by the historic People's Movement, a nine-member "Constitution Reform Suggestion Commission" headed by Supreme Court Judge Bishwanath Upadhyaya was established. There was widespread opposition to this statement at the time. The King established a nine-member commission to advise changes to the constitution on the advice of the Council of Ministers on Jestha 1, 2047. This commission is led by Bishwanath Upadhyay again, and it has three months to deliver its recommendation. The Constitution Suggestion's members were:

1. Bishwanath Upadhyay                Chairman                                                   (Judge, Supreme Court) (Nepali Congress)

2. Damannath Dhungna                  Member                                                     (Nepali Congress)

3. Mukunda Regmi                          Member                                                      (Nepali Congress)

4. Madhav Kumar Nepal                 Member The then CPN ML                        (Left Front)

5. Laxman Aryal                              Member                                                      (Nepali Congress)

6. Bharat Mohan Adhikari                Member                                                      The then CPN Marxist

7. Nirmal Lama                                Member                                                      The then NC Integration Center (Left Front)

8. Pradyumna Lal Rajbhandari        Member                                                       (Legalist)

9. Ramananda Prasad Singh          Member                                                        (Legalist)

10. Suryanath Upadhyay                 Member-Secretary

The Constitution, which established constitutional monarchy, multiparty democracy, a parliamentary form of government, the people's right to self-determination, and a free and impartial court, indisputably placed a focus on safeguarding citizens' basic freedoms and rights. There were 133 articles, 23 parts, and 3 schedules in the constitution. It covered the state's guiding principles and policies, the fundamental rights of the populace, Shree Paanch Rajparisadh, the executive, the legislative branch, the judicial branch, the Commission for the Investigation of Abuse of Authority, the Auditor General, the Public Service Commission, the Election Commission, the Attorney General, etc.

Democratic Features of Constitution of the Kingdom of Nepal 2047:

• The country's fundamental law is acknowledged to be the constitution.
• The Nepalese people are the true sovereigns.
• Nepal is acknowledged as a multi-ethnic, multilingual, democratic, sovereign, indivisible, Hindu, constitutional, and constitutional monarchical nation.
• Protection of individuals' rights and fundamental freedoms
• Clearly laid out state policies and guidelines,
• The King and the Council of Ministers have the authority to make decisions.
• Given the court complete discretion to administer justice through the operation of an independent judiciary
• By creating constitutional bodies like the Raj Parishad, Public Service Commission, Auditor General, Election Commission, Commission for Investigation of Abuse of Authority, etc., a clear arrangement of work, duties, and rights has been made.
• The arrangement of political parties, which must field 5% female candidates in general elections and win at least 3% of the popular vote to be recognized as a national party,
• The King may proclaim a state of emergency.
• Provision of the National Security Council and Constitutional Council, as well as 205 members of the House of Representatives and 60 members of the National Assembly.

Constitution of Nepal (2072)

Despite the state's determination and desire, as well as that of numerous political parties, to create the country's constitution through the Constituent Assembly, the state's many conditions and causes prevented this from happening, and it took 65 years for it to happen. The second People's Movement, which took place in 2062–1963, led to the reinstatement of Nepal's Constituent Assembly as the body responsible for creating the country's constitution in opposition to the king's direct control. According to a clause in the interim constitution of Nepal, the first election for the Constituent Assembly was held for this reason on Chaitra 28, 2064. Because political parties run behind their party's interests, the "Constituent Assembly," which had spent more than four years drafting the constitution, was dissolved on 14 Jestha 2069. The Federal Constitution of the Republic of Nepal was drafted over the course of 22 months by the second Constituent Assembly, which was established by the elections held on 4 Mangsir, 2070, despite the fact that the first Constituent Assembly was disbanded on 14 Jestha 2069 without having done so.

The aspiration of the Nepalese people to directly participate in the creation of a new constitution over the course of the previous eight years has finally come true. Despite numerous challenges, the constitution-drafting process, which began on 27th Bhadra, 2072, by passing articles 1, 2, and 3, was completed on 30th Bhadra, 2072. After meeting 135 times in 130 days over a span of 607 days, the Constituent Assembly finished its historic task of drafting the constitution. From the eighth Poush in 2070 to the third Ashwin in 2072, the process was initiated. On Wednesday, the 30th Bhadra, 2072, passed the constitution, which consists of 35 parts, 308 articles, and 9 schedules. That same evening, the bill for the Constitution was approved by more than two-thirds of the members of the Constituent Assembly. The original five copies of the "Constitution of Nepal," approved by Constituent Assembly-II, were prepared and signed by 537 of the assembly's 598 members on 1 Ashwin 2072. The "Constitution of Nepal" 2072 was approved by Subas Chandra Nemwang, the chair of the Constituent Assembly, on the same day as the signing of the Constituent Assembly members. In this way, the "Constitution of Nepal" 2072 was officially announced by Dr. Ram Baran Yadav, the country's first president, on Sunday during a special ceremony held in the Constituent House. In this way, Dr. Ram Baran Yadav, the country's first president, declared the "Constitution of Nepal" 2072 on Sunday during a ceremonial gathering in the Constituent Assembly's chamber at the International Conference Center in New Baneshwor, Kathmandu. The "Constitution of Nepal" was made public as of that day.

Democratic Features of Constitution of Nepal

The constitution of Nepal, which was prepared by the Second Constituent Assembly, was released on 3rd Ashwin, 2072. The features of this constitution are as follows:

• The Constituent Assembly created Nepal's first constitution.
• The Nepalese people have the country's sovereignty and royal authority.
• Federal democracy and republican government.
• A federation, state, and municipal level three level state system.
• Preserve the seven provinces' federal setup.
• Admit Nepal to be a secular state.
• The President has the authority to dissolve Parliament; the Prime Minister will not be able to do so.
• No-confidence motions cannot be introduced during the first two years of the Prime Minister's appointment, and they cannot be introduced again in the following year if they are unsuccessful the first time.
• Plans for the council of ministers in the center, which can include up to 25 members. The candidate who lost the election is ineligible to serve as a minister while the House of Representatives is in session.
• The use of both a direct and proportional electoral system. the establishment of a federal bicameral legislature composed of the House of Representatives and the National Assembly.
• The House of Representatives will have 110 members chosen proportionally and 165 members directly through the FTTP electoral system.
• 59 people make up the National Assembly, comprising three president-appointed members and seven representatives chosen from each province.
• The Provincial Assembly will be unicameral, with 40% of its members chosen through proportional representation and 60% through first-past-the-post voting.
• The provincial parliament has 550 members in total.
• The introduction of a three-tiered court structure (supreme, high, and district) and an integrated justice system.
• Make sure that even during times of crisis, key fundamental rights are not suspended.
• The appointment of the chief minister, who is chosen by the state legislature, and the provincial governor.
• A grouping of many national symbols, including the cow as the national animal, the rhododendron as the national flower, the color red as the flag, and the lophophorus as the national bird.
• The constitution's explicit separation of authority between the national, provincial, and local governments
• The establishment of a constitutional session in the Supreme Court without a specific constitutional court provision.
• each province has one high court available.
• Separate Commissions for Muslim, Indigenous, and Madhesi Peoples.
• There are 31 essential rights guaranteed, including some new ones like the rights of crime victims to communication, shelter, and senior citizen and Dalit rights.
• The duties of the citizen are also mentioned in the Constitution.
• A constitutional president chosen by parliament and a prime minister with executive authority are provisions.
• The provincial governor has more authority than the chief minister. The state head can dissolve the provincial legislature.
• The power to enact provincial laws rests with the provincial legislature.
• A federal committee will be appointed to draw the boundaries of the provinces, and the state's name will be decided by a two-thirds vote of the state legislature.
• It is impossible to change Nepal's sovereignty, territorial integrity, independence, or people's sovereignty. By a two-thirds majority, additional clauses may be changed.
• The national language of Nepal will be Devanagari-written Nepali, which will also be the only language used in official documents.
• After the constitution has been ratified, there will be transitional procedures for the election of the prime minister, speaker, president, etc. within a month after the Constituent Assembly's start date.
• Several security organizations, including the Nepal Police, Armed Police Force of Nepal, and National Investigation Department.
• Only the federation has the authority to sign treaties or agreements on behalf of a country.
• According to this constitution, a Nepalese citizen who has a permanent residency permit overseas is ineligible to be appointed, nominated, or elected to the position in question.
• Plans for a legislative hearing in accordance with federal legislation prior to the appointment of the chief justice, a justice of the Supreme Court, a member of the Judicial Council, the head or an officer of the constitutional body, and an ambassador.
• The setting up of a "Inter-State Council" to settle political disputes between the Union and the State and between the States, which will be presided over by the Prime Minister.

Constitution of Nepal (2072) and Relation to Health

According to the constitution of Nepal, every individual has the right to receive free basic health care from the government, knowledge about his or her medical care, equitable access to health services, and access to clean water and sanitary facilities. The administration has actively worked to ensure that all residents have access to high-quality healthcare in accordance with constitutional provisions and commitments made at regional and international forums.

• The Right to a Clean Environment
  The "right to a clean environment" is outlined in the Fundamental Rights and Duties section of Article 30 of Part 3 of the Nepalese Constitution. In light of which:
  • The right to live in a sane and healthy environment belongs to every citizen.
  • A person who suffers from environmental pollution or deterioration has the legal right to be compensated by the pollutant.
  • The legal provisions required for the correct balance of environment and development in the country's development efforts should not be hindered by this article.
• Right to Health:
  Similar to this, Article 35 of Part 3 of the Constitution of Nepal's Fundamental Rights and Duties establishes the "right to health." In light of which:
  • Every citizen has the right to receive free basic healthcare from the government, and nobody should be denied access to emergency medical care.
  • Everyone has the right to information about the medical care they get.
  • Equal access to healthcare services must be provided to all citizens.
  • Every citizen has the right to access sanitary facilities and clean water to drink.

Structure and Functions of Federal Democratic Republic of Nepal

Federal Democratic Governance System

The federal governance system efficiently blends self-governing and shared governance for the accomplishment of national goals and the welfare of the populace. It functions as a common promise letter between different administrations. A shared and independent form of government is federalism. The Union's fundamental mission is to respond promptly and sensibly to local needs. It adheres to the motto "Think Globally, Act Locally." The process of appropriation among the state's majority and involving an ever-increasing number of people in governing activities constitutes the exercise of authority in a federalist system. The federal government's governance structure is therefore more democratic and participatory.

Structure of Federal Democratic Republic of Nepal

After the Constitution of Nepal 2072 went into effect, Nepal changed from a traditional unitary state system to a federal democratic state. The Federal Democratic Republic of Nepal is to be governed at three levels: federal, state, and local. Each level will be able to exercise its authority in accordance with Nepal's laws and constitution. The federal democratic republic of Nepal will be said to have three tiers at the federal, state, and local level according to Part 5, Article 56 of the Constitution of Nepal. According to this, the country as a whole is a federation made up of 753 local levels and 7 provinces.

As stated in Schedule-4 of the constitution of Nepal, there were 7 provinces and 77 districts at the time the document went into effect. At the local level, there are rural municipalities, urban municipalities, and district assemblies. In accordance with federal law, the number of wards in rural municipalities and municipalities shall be determined. For the purpose of preserving sociocultural diversity or fostering economic growth, special, protected, or autonomous zones may be created in conformity with federal law. The federation, provinces, and local entities are in charge of ensuring Nepal's sovereignty, independence, territorial integrity, national interest, all-around development, rule of law in the state, power separation and control, harmony, plurality and equality based equitable society, and inclusivity.

The provinces and the districts in the respective provinces belonging to article 56, sub-article (3) of the Constitution of Nepal 2072 is presented below:

                                          Provinces and the Districts of Each Provinces

Federal State

The ceremonial heads of the federal government are the president, the prime minister, the speaker of the House of Representatives, the chairperson of the national assembly, and the chief justice of the judiciary.

Legislative:

The House of Representatives and the National Assembly are the two houses of the federal legislature, known as the Federal Parliament.

• Establishment of House of Representatives: Total number of members -275
  • Geographically and based on population, there are 165 constituencies. One representative is chosen from each constituency using the first-past-the-post method, 
  • 110 representatives are chosen using the proportional method.
• Formation of National Assembly: This will be a permanent House. It has 59 members who are as follows:
  • A total of 56 elected members, comprising eight representatives from each province, including at least three women, one Dalit, and one representative of a minority group or person with a disability, are chosen by an electoral college made up of members of the Provincial Assembly, chairpersons and vice-chairpersons of village bodies, mayors and deputy mayors of municipalities, and other individuals with various voting weights as specified by federal law.
  • Three members, including at least one woman, who are proposed by the President following the Government of Nepal's advice.
• Power and functions of the Federal Parliament:
  • The act of making laws,
  • Financial work,
  • Executive control,
  • The act of revising the constitution,
  • The purpose of a parliamentary hearing,
  • Other tasks A referendum must be approved by at least 2/3 of the members before a crisis may be declared.

Executive:

According to the inclusive principle, there is a provision to form a cabinet consisting of 25 ministers, including the Prime Minister.

• Form of Governance: Nepal's political system is a pluralistic multi-party competitive federal democratic republican parliamentary system.
• Executive Power: In accordance with Nepal's constitution and regulations, the Council of Ministers is granted executive authority over the country.
• Functions of the Executive: As the head of the Council of Ministers in Nepal, the prime minister holds a position of leadership in terms of both power and responsibility. Following are the prime minister of Nepal's duties and authority:
  • Establishing a Council of Ministers
  • To serve as the President's point of contact with the Council of Minister
  • Manage the party's operations and maintain order,
  • Additional duties include administering the budget, upholding security, and conducting national elections.

Judiciary:

The Nepalese Constitution of 2072 has a judiciary clause in part 11. Articles 126 through 156 in Part 11 cover the judiciary. The courts and judicial bodies of Nepal exercise their judicial authority in accordance with the Constitution of Nepal, other laws, and recognized standards of justice.

• Court:
  The following courts will be located in Nepal:
  • Supreme Court (One Supreme Court in Nepal)
  • High court (one high court in each province)
  • District Court (one district court in each district)
• Special Court:
  To handle and pursue cases of a specific kind and nature, other specialized court judicial bodies or tribunals may be established and constituted in accordance with federal law.
• Functions of Judiciary:
  • A legal action
  • A description of the law
  • safeguarding people's freedoms and rights
  • Advice-giving role

Formation of the Supreme Court:

• Beyond the Chief Justice of Nepal, the Supreme Court of Nepal may contain up to twenty judges.
• The Chief Justice, on the recommendation of the Constitutional Council, and the other Supreme Court justices, on the proposal of the Judicial Council, are appointed by the President.
• A candidate for appointment as Chief Justice must have at least three years of experience as a Supreme Court judge.
• The Chief Justice's term in office is six years.
• Any citizen of Nepal who has a bachelor's degree in law and has worked as a Chief Judge or a Judge of a High Court for at least five years, or who has a bachelor's degree in law and has consistently worked as a senior advocate or advocate for at least fifteen years, or who is an accomplished jurist who has consistently worked for at least fifteen years in the judicial or legal field, or who has held the position of Gazetted first class or a higher post of the government
• The Senior Judge of the Supreme Court will serve in the capacity of the Deputy Chief Justice if the position of Chief Justice is vacant, the Chief Justice is unable to carry out his duties for any reason, or if the Chief Justice is absent from the Supreme Court due to his departure or departure from Nepal.
• Someone who has reached the age of 65 cannot be appointed as a Supreme Court judge.
• Only those who are in good physical and mental health are eligible to serve as Supreme Court judges.

The functions of the Supreme Court:

A court of record, the Supreme Court shall exist. Except where specifically stated differently in this Constitution, the Supreme Court shall have jurisdiction over all courts and judicial bodies. The Supreme Court will ultimately decide how to interpret the Constitution and other statutes. In relation to issues connected to judicial administration or management, the Supreme Court may inspect, oversee, and provide required directions to it and courts, specialized courts, or other judicial organizations under its jurisdiction. Any constitutional interpretation, enacted statute, or legal principle established by the Supreme Court throughout the course of a legal case's trial must be followed by all. If anybody interferes with the administration of justice or disobeys a directive or decision made by it, or any of its subordinate courts, the Supreme Court may, in accordance with law, initiate proceedings and impose punishment for contempt.

• Jurisdiction of Supreme Court:
  • Any Nepalese citizen may file a petition with the Supreme Court to have any law or part of a law declared invalid on the grounds that it is inconsistent with this Constitution because it places an unreasonable restriction on the enjoyment of any fundamental right granted by this Constitution or on any other ground, or to have any law or part of a law made by a State Assembly declared invalid because it is incompatible with any law made by the Federal Parliament, or to have any of these laws declared invalid for any other reason.
  • The Supreme Court shall have the extraordinary power to issue necessary and appropriate orders, provide appropriate remedies, and settle any constitutional or legal question involved in any dispute of public interest or concern for the enforcement of the fundamental rights conferred by this Constitution or of any other legal right for which no other remedy has been provided or for which the remedy, even though provided, appears to be inadequate or ineffective.
  • The Supreme Court may issue suitable orders and writs, such as writs of habeas corpus, mandamus, certiorari, prohibition, and quo warranto, under its extra-ordinary jurisdiction. The Supreme Court shall not, pursuant to this clause, interfere with any internal proceedings of the Federal Parliament or State Assembly, with any proceedings instituted by the Federal Parliament or State Assembly concerning a violation of its privileges, or with any penalties imposed as a result, except on the basis of lack of jurisdiction.
  • Subject to this Constitution, the Supreme Court shall have the authority to hear appeals, test judgments referred for confirmation, revise cases, hear petitions, and review its judgments or final orders, as provided for in Federal law. Such a review will be conducted by judges other than the ones who delivered the earlier decision.
  • The Supreme Court will decide appeals from cases that were first heard and decided by a High Court, as well as important public cases involving questions of constitutional and legal interpretation and cases in which the High Court has recommended that the Supreme Court rule on the merits.
  • The Supreme Court shall have additional powers and conduct itself in accordance with federal law.
• Power to transfer of cases
  • If cases that are under consideration by the Supreme Court and a High Court involve essentially the same questions, and the Supreme Court determines, on its own or upon request from the Attorney General or parties to such cases, that these questions are of public importance, it shall have the authority to obtain and decide the cases jointly.
  • The Supreme Court may, for reasons and grounds to be recorded, order that a case filed in a High Court be transferred to another High Court and tried by the latter High Court, in accordance with law, if there is a special circumstance that makes it possible to question judicial impartiality if the case is tried by that Court.
• Not to be engaged in practice of law:
  No Chief Justice or Supreme Court judge may practice law, mediate disputes, or arbitrate disputes before any office or court after retirement from active duty.
• Responsibility of Chief Justice:
  The Chief Justice is ultimately responsible for ensuring that the Supreme Court, lower courts, specialty courts, or other judicial bodies effectively administer justice.
• Formation of Constitutional Bench:
• The Supreme Court will have a Constitutional Bench. The Chief Justice, along with an additional four Judges chosen by the Chief Justice based on the Judicial Council's recommendation, will make up the Constitutional Bench.
• Annual report:
  Every year, the President is required to receive annual reports from the Supreme Court, Judicial Council, and Judicial Service Commission. The President then submits these reports to the Federal Parliament through the Prime Minister.

Functions and Rights of Federal Government:

• Individual rights/power
  The federation's rights and obligations under Article 57, Subsection (1), and Schedule 5 of Article 109 of the Constitution.
  • Relating to defense and military
    • Protection of territorial integrity and national unity
    • Concern for national security
  • Defense and combat
  • Manufacturing facilities for weapons and ammunition
  • National Intelligence and Investigation Agency, Armed Police Force, Central Police, and Peace and Security
  • Foreign grants, aid, loans, monetary and banking policies, central planning, the central bank, and financial policies
  • International relations, United Nations-related issues, and foreign and diplomatic affairs
  • International agreements, international borders, international boundary rivers, extradition, and reciprocal legal aid
  • Communications issues, including radio frequency allocation, radio, television, and postal issues
  • Passport, visa, tourism, service charge and fee, excise duty, value-added tax, corporate income tax, individual income tax, remuneration tax
  • Federal government employment, judicial work, and other services
  • Regulations pertaining to water resource diversification and conservation
  • Transmission lines for energy between states and inland
  • Central statistics (national and international standards and quality)
  • Major electricity, irrigation, and other projects at the central level
  • Universities norms and regulations, central libraries, central level academies,
  • Hospitals that provide national or specialized services, traditional treatment services, health policies, health services, health standards, quality assurance, and communicable disease control
  • Local level matters, unique structure, Federal Parliament, Federal Executive
  • Global exchange, port, and quarantine
  • International airports and civil aviation
  • National transportation policy, railroad and national highway administration
  • Laws pertaining to the administration of justice, the Supreme Court, High Courts, and District Courts
  • Immigration, citizenship, and travel documents
  • Astronomy, airspace, and atomic energy
  • Intellectual property (including patents, designs, trademarks and copyrights)
  • Measurement 
  • Mine excavation 
  • National parks, wetlands, and wildlife reserves; national forest policy; carbon services; national and international environmental management
  • Regulation of insurance policies, securities, and cooperatives
  • Policies governing land use, human settlement development, tourism, and environmental adaptability
  • Making of criminal and civil laws
  • A security printout
  • Social security and reducing poverty
  • Important national commissions and constitutional bodies
  • Ancient monuments and archaeologically significant sites.
  • Any matter not mentioned in this Constitution and in Federal statutes, as well as any matter not listed in the lists of federal, state, and local powers, as well as in the concurrent list
• Concurrent Powers
  • List of Concurrent Powers of Federation and State (According to Schedule 7 of the constitution):
    • Evidence, civil and criminal procedure, and oaths (legal recognition, public acts and records, and judicial proceedings)
    • The provision, distribution, pricing management, quality assurance, and supervision of critical goods and services
    • Preventive detention for national security, prison and detention administration, and upholding peace and order-related reasons
    • Transfer of accused individuals, detainees, and prisoners between States
    • Laws governing family matters (marriage, transfer of property, divorce, persons on the verge of extinction, orphan, adoption, succession and joint family)
    • The acquisition, requisitioning, and formation of property rights
    • Concerns relating to contracts, cooperatives, partnerships, and agencies
    • Topics involving insolvency and bankruptcy
    • Substances and pesticides
    • Population control, family planning, and planning
    • Social security and employment, labor rights, the resolution of industrial disputes, and other connected issues
    • Among other vocations, there are those in law, accounting, engineering, medicine, Ayurvedic medicine, veterinary medicine, and Amchi.
    • River, waterways, environmental preservation, and biological variety at the state line
    • issues relating to communication methods
    • Mines, businesses, and other physical structures
    • gaming and lottery
    • Early disaster preparedness, rescue, relief, and recovery from both natural and man-made disasters
    • tourism, sanitation, and access to water
    • movies, movie theaters, and sports
    • Management and operation of the insurance industry
    • Industrialization and the reduction of poverty
    • development of human resources, science and technology, and research
    • Utilization of interstate forests, mountains, forest conservation areas, and waters
    • Land laws and policies, as well as benefits for the unemployed and employment
  • List of Concurrent Powers of Federation, State and Local Level (According to Schedule 9 of the constitution):
    • First, cooperatives
    • Newspapers, healthcare, and education
    • Wellness
    • Farming
    • Services include irrigation, water supply, and electricity
    • Service fees, penalties, fines, royalties from natural resource extraction, and tourism fees
    • Biodiversity, ecology, and water use; animals; birds; and forests
    • Minerals and mines 
    • Disaster planning
    • Social Security and reducing poverty
    • Individual occasions, statistics, and births, deaths, and weddings
    • Museums, ancient sites, and archaeology
    • Taking care of squatters without land
    • Natural resource royalties
    • Driver's licenses
• Residual rights:
  The federation will exercise the rights that are not mentioned in the authority of the three levels of government or in the concurrent power.
  • The Managerial Interrelationship between the Federation and the Province:
    • Any part in Nepal may be subject to enforcement of federal law as needed.
    • Depending on the situation, only the entire province or a specific area of the state may be subject to the provincial law.
    • The Federal Parliament may enact the necessary legislation in response to a request from two or more provinces for the Government of Nepal to pass a law on any matter covered by Schedule 6. Such state law shall only be applicable within the concerned province.
    • According to the constitution and federal law of the Government of Nepal, the Federal Council of Ministers can provide necessary directions on matters of national importance and those requiring coordination with the provinces, and the provincial council of ministers must follow those directions.
  • The Exercise of Financial Rights:
    • In relation to economic rights falling under their purview, the federation, provinces, and local governments have the authority to enact laws, create annual budgets, make decisions, develop strategies, and put those plans into action.
    • On the topic of shared lists and other economic rights, the federation may set required rules, standards, and legislation that are also relevant to the provinces.
    • Budgets will be created independently at the federal, state, and municipal levels, and submitted in accordance with federal law.
    • to establish a system for the fair distribution of federal, state, and local benefits resulting from the utilization of natural resources
    • To provide local communities and the project's affected area with a portion of the benefits, such as royalties, services, or goods, in accordance with the law.
    • All levels of government should be primarily accountable for upholding financial discipline.
  • Distribution of Revenue Sources:
    • There is a provision for taxation and revenue collection by the federal, state, and municipal levels within their financial jurisdiction, and to collect money from those sources not on the shared list and on any level will be chosen by the government of Nepal.
    • To set up a fair distribution of the money the government of Nepal collects to the union, the provinces, and the local level.
    • A fair and open method of revenue sharing between the federal, state, and local levels should be used.

Provincial Government

Here, the term "province" refers to the area and organizational design of Nepal's federal units, which are separated into federal units in accordance with the constitution. The chief minister is the executive chief and holds a majority in the state parliament; the legislature is presided over by a chairman. The chief minister serves as the government of Nepal's representation in the province. The federal government appoints a provincial head for each province. A people's elected state assembly is set up in each province. The head of the parliamentary party with the majority in the state assembly is chosen as prime minister by the provincial chief. The Chief Minister presides over the formation of the Cabinet. The state government carries out developmental tasks, such as security.

List of Rights of the Province (as per Schedule 6 of the Constitution):

• State police management and maintaining law and order
• Bank and financial institution operations with the Center's approval in compliance with Nepal Rastra Bank laws, cooperative organizations, and foreign grants and support
• Use of radio, FM, and television
• Land and house registration fees, car taxes, amusement and advertising levies, tourism levies, agricultural income taxes, service charges, fees, and penalties
• State government services and other employment
• State-level data
• State-level services for navigation, irrigation, and water provision
• Public universities, colleges, libraries, and museums
• Medical care
• Concerning the State Council of Ministers 
• The State Assembly
• Intrastate commerce and state highways
• State Bureau of Investigation
• Physical administration and other essential tasks for State government offices
• Commission for State Public Services
• Land administration and land records
• Mine exploration and management
• Preserving and promoting the use of the world's languages, scripts, civilizations, and faiths
• Use of the State's forests, waterways, and environmental management
• Industrialization, factories, industrial agriculture and livestock growth, trade, business, and transportation
• Trust management (Guthi)

Coordination between Provinces:

• A legal, administrative, judicial, and administrative order of one province should be carried out with the assistance of another province.
• A province may exchange information with other provinces on issues of shared concern and interest, concern and information transfer, information transfer on shared interests, coordination of work and legislative efforts, and expansion of mutual cooperation.
• According to their province's regulations, one province must offer citizens of another province an equivalent level of protection, care, and amenities.

Institutional Arrangements (Provisions of the Council of the Inter-State):

There will be an Inter-state Council as follows to settle political disputes between the federation, the provinces, and the provinces:

• Prime Minister                                                         - Chairman
• Home Minister of Nepal Government                       -Member
• Finance Minister of Nepal Government                   - Member
• Chief Minister of the concerned province                 - Member