1990 Constitution of Nepal Part 7: Executive |
2007 Interim Constitution Part 5: Executive |
Article 35: Executive Power: The executive power of the Kingdom of Nepal shall be vested in His Majesty and the Council of Ministers. |
Article 37: Executive Power: The executive power of Nepal shall be vested in the Council of Ministers. |
Ans.
1990 Constitution of Nepal |
2007 Interim Constitution |
1. In 1990, Nepal was a monarchy |
1. In 2007, Nepal adopted an interim Constitution. |
2. The previous Constitution of Nepal, which had been adopted in 1990, reflected the fact that the final authority rested with the King. |
2. According to the Interim constitution drafted in 2007, the executive powers of Nepal are in the hands of the council of ministers headed by the Prime Minister. |
Nepal needs a new Constitution today because
i. Nepal, by moving from a monarchy to a democratic government, needs to change all its constitutive rules in order to usher in a new society.
ii. The previous Constitution does not reflect the ideals of the country that they want Nepal to be, and that they have fought for.
Ans. Federalism
i. This refers to the existence of more than one level of government in the country. In India, we have governments at the state level and at the centre. Panchayati Raj is the third tier of government.
ii. Under federalism, the states are not merely agents of the federal government but draw their authority from the Constitution as well.
iii. All persons in India are governed by laws and policies made by each of these levels of government.
Separation of Powers
i. According to the Constitution, there are three organs of government. These are the legislature, the executive and the judiciary.
ii. In order to prevent the misuse of power by any one branch of government, the Constitution says that each of these organs should exercise different powers.
iii. Through this, each organ acts as a check on the other organs of government and this ensures the balance of power between all three.
Fundamental Rights
i. Fundamental Rights guarantees the rights of individuals against the State as well as against other individuals.
ii. It also guarantees the rights of minorities against the majority.
Parliamentary Form of Government
i. The Constitution of India guarantees universal adult suffrage for all citizens. This would help encourage a democratic mindset and break the clutches of traditional caste, class and gender hierarchies. This means that the people of India have a direct role in electing their representatives.
ii. Also, every citizen of the country, irrespective of his/her social background, can also contest in elections. These representatives are accountable to the people.