Constitution of Nepal, 2072 (2015)

This Constitution is the fundamental law of Nepal. Any law inconsistent with it is void to the extent of the inconsistency, and every person has a duty to uphold it.

Nepal is an independent, indivisible, sovereign, secular, inclusive, democratic, socialism-oriented federal democratic republican state.

The Nepali language in Devanagari script is the official language of Nepal. A province may select one or more additional languages spoken by a majority of its people as official languages for provincial business.

Every person has the right to live with dignity. No law may provide for the death penalty.

No person may be deprived of personal liberty except in accordance with law. Every citizen has freedom of opinion and expression, peaceful assembly, association, movement and the freedom to practise any profession or trade, subject to reasonable restrictions.

All citizens are equal before the law. No discrimination may be made on grounds of origin, religion, race, caste, tribe, sex, economic condition, language, region or ideology. Special provisions may be made for the advancement of disadvantaged groups.

A person arrested must be informed of the reason and produced before a judicial authority within twenty-four hours. Every person has the right to consult a lawyer, to a fair hearing, and to be presumed innocent until proven guilty.

Every citizen has the right to acquire, own, sell and otherwise deal with property. The state may acquire property only for a public purpose and against compensation, except where the law provides otherwise for land reform.

There are three tiers of courts in Nepal: the Supreme Court, High Courts in each province, and District Courts. Specialised courts and tribunals may be established by law for particular types of cases.

The Supreme Court is the court of record and the final interpreter of the Constitution. Its decisions bind all courts and government bodies.

The Supreme Court may issue writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto to enforce fundamental rights or to settle constitutional questions of public importance. It may also declare a law void for inconsistency with the Constitution.

High Courts hear appeals from District Courts and may issue writs within their province for the enforcement of legal rights. Each High Court has a Chief Judge and other judges as fixed by law.

The main structure of the Federal Democratic Republic of Nepal consists of the federation, provinces and local levels. Each level exercises the powers assigned to it by the schedules of the Constitution.

Federal powers, provincial powers, local powers and concurrent powers are listed in Schedules 5 to 9. Where a provincial or local law conflicts with a federal law on a concurrent matter, the federal law prevails.

Each level of government may levy taxes and raise revenue within its jurisdiction and must prepare an annual budget. Revenue sharing between levels is determined on the recommendation of the National Natural Resources and Fiscal Commission.