Directive Principles, Policies and Obligations of the State
The constitutional direction for governance, state policy, and public obligations.
Article 52. Obligations of the State
It shall be the obligation of the State to make Nepal a prosperous and affluent country by protecting and promoting fundamental rights and human rights, pursuing directive principles of the State and gradually implementing policies of the State, while keeping intact the freedom, sovereignty, territorial integrity and independence of Nepal.
Article 53. To Submit Report
The Government of Nepal shall submit to the President an annual report containing the steps taken and achievements made in the implementation of the directive principles, policies and obligations of the State set forth in this Part, and the President shall cause such report to be laid through the Prime Minister before the Federal Parliament.
Article 54. Provisions relating to Monitoring
There shall be a committee, in accordance with law, in the Federal Parliament in order to monitor and evaluate whether or not the directive principles, policies and obligations of the State set forth in this Part have been implemented progressively.
Article 55. Questions not to be raised in Court
No question shall be raised in any court as to whether or not any matter contained in this Part has been implemented. www.lawcommission.gov.np
Article 56. Structure of State
- (1)The main structure of the Federal Democratic Republic of Nepal shall be of three levels, namely the Federation, the Province and the Local Level.
- (2)The Federation, Provinces and Local Levels shall exercise the State power of Nepal in accordance with this Constitution and law.
- (3)There shall be Provinces consisting of the Districts referred to in Schedule- 4 existing in Nepal at the time of commencement of this Constitution.
- (4)There shall be Rural Municipality, Municipality and District Assembly under the Local Level. The number of Wards in a Rural Municipality and
Municipality shall be as provided for in the federal law.
- (5)Any Special, Protected or Autonomous Region may be set up by the federal law for social, cultural protection or economic development.
- (6)The Federation, Provinces and Local Levels shall protect Nepal's freedom, sovereignty, territorial integrity, independence, national interest, overall development, multi-party, competitive, democratic, republican, federal system of governance, human rights and fundamental rights, rule of law, separation of powers and check and balance, egalitarian society based on pluralism and equality, inclusive representation and identity.
Article 57. Distribution of State Power
- (1)The powers of the Federation shall be vested on the matters enumerated in Schedule-5 and such powers shall be exercised in accordance with this Constitution and the federal law.
- (2)The powers of a Province shall be vested on the matters enumerated in
Schedule-6 and such powers shall be exercised in accordance with this Constitution and the provincial law.
- (3)The concurrent powers of the Federation and a Province shall be vested on the matters enumerated in Schedule-7 and such powers shall be exercised in accordance with this Constitution, federal law and provincial law. www.lawcommission.gov.np
- (4)The powers of the Local Level shall be vested on the matters enumerated in Schedule-8 and such powers shall be exercised in accordance with this Constitution and law made by the Rural Municipal Assembly or Municipal Assembly, as the case may be.
- (5)The concurrent powers of the Federation, Provinces and Local Levels shall be vested on the matters enumerated in Schedule-9 and such powers shall be exercised in accordance with this Constitution, federal law, provincial law and law made by the Rural Municipal Assembly or Municipal Assembly, as the case may be.
- (6)Any law to be made by a Provincial Assembly, Rural Municipal Assembly or Municipal Assembly pursuant to clause (3) or (5) shall be so made as not to be inconsistent with the federal law; and any law made by the Provincial Assembly,
Rural Municipal Assembly or Municipal Assembly which is inconsistent with the federal law shall be invalid to the extent of such inconsistency.
- (7)Any law to be made by a Rural Municipal Assembly or Municipal
Assembly, as the case may be, pursuant to clause (5) shall be so made as not to be inconsistent with a provincial law; and any law made by the Rural Municipal Assembly or Municipal Assembly which is inconsistent with a provincial law shall be invalid to the extent of such inconsistency.
Article 58. Residuary Powers
The Federation shall have power on any matter not enumerated in the list of powers of the Federation, Province and Local Level or Concurrent Lists or on any matter which is not so specified in this Constitution as to be exercised by any level.
Article 59. Exercise of Financial Powers
- (1)The Federation, Province and Local Level shall