Nepal 2006 Constitution (reviewed 2012)

Part 4. Obligations, Directive Principles and Policies of the State

33. Obligations of the State

The State shall have the following obligations:

1. To concentrate fully on holding the election to the members of the …… the year 2064 (12 April 2007), while recognizing the need for the functional realization of the sovereignty inherent in the people of Nepal;
2. To ensure progressive political, economic and social transformations in the country;
3. To adopt a political system fully upholding the universally accepted concepts of basic human rights, competitive multi-party democratic system, sovereignty inherent in the people and supremacy of the people, constitutional checks and balances, rule of law, social justice and equality, independence of judiciary, periodic elections, monitoring by the civil society, complete press freedom, right to information of the people, transparency and accountability in the activities of political parties, public participation and impartial, efficient and fair bureaucracy, and to maintain good governance, while putting an end to corruption and impunity;
4. To make an inclusive, democratic and progressive restructuring of the State, by ending the existing centralized and unitary structure of the State so as to address the problems including those of women, Dalit, indigenous people, Madhesi, oppressed, excluded and minority communities and backward regions, while at the same time 3 doing way with discrimination based on class, caste, language, gender, culture, religion and region;
5. To have participation of Madhesi, dalit, indigenous peoples, women, labors, farmers, disabled, backward classes and regions in all organs of the State structure on the basis of proportional inclusion;
6. To set a common minimum program on socio-economic transformation to do away with feudalism in all its forms, and keep on implementing the program;
7. To pursue a policy of implementing a scientific land reform program by doing away with the feudalistic land ownership;
8. To pursue a policy of protecting and promoting domestic industries and means and resources;
9. To pursue a policy of establishing the right of all citizens to education, health, housing, employment and food sovereignty;
10. To pursue a policy of providing socio-economic security including the land to the economically and socially backward classes including the landless, bonded labors, tillers and Harawa-Charawa;
11. To pursue a policy of taking severe action and punishing any one who earns illicit wealth through corruption while holding a public office of profit;
12. To build a common development concept for the socio-economic transformation of the country and justice as well as for the prosperity and rapid economic progress and prosperity of the country;
13. To pursue a policy of extensively increasing opportunities for employment and income generation by increasing investment for promoting industry, trade and export and ensuring the professional rights of labors;
14. To effectively implement the international treaties and agreements of which the State is a party;
15. To abolish all discriminatory laws;
16. To use natural means and resources including water resources of the country in the interests of nation;
17. To make provisions for appropriate relief, recognition and rehabilitation of the family members of those who have died in the course of armed conflicts and those who, being injured in this course, have become disabled and infirm;
18. To provide relief to the families of the victims who were subjected to disappearance during the course of armed conflict based on the report of the inquiry commission constituted in relation to such persons;
19. To launch a special program in order to rehabilitate the displaced persons, provide relief in the case of private and public properties destructed, and reconstruct the infrastructures devastated, during the course of armed conflict;
20. To develop a culture of resolving major political problems of the country through understanding between, consent of, and collaboration with, major political parties which, having preformed the leading role in the historic people’s movement, made an understanding on 2 Kartik 2063(12 November 2006), as well as other political parties having representation the Constituent Assembly;
21. To constitute a high level truth and reconciliation commission to investigate the facts about involved in gross violations of human rights crimes against humanity during the course armed conflict, and to create an environment reconciliation in the society.

34. Directive principles of the State

1. The main objective of the State shall be to promote the welfare of the people on the basis of the principles of an open society, by establishing a just system in all aspects of the national life including social, economic and political life while at the same time protecting the lives property, equality and liberty of the people.
2. The objective of the State shall be to maintain peace and order, protect and promote human rights, promote public welfare in the society, and create opportunities for the maximum participation of the people in the governance by way of self-governance, while at the same time maintaining a system where people can enjoy the fruits of democracy.
3. Political objective of the State shall be to build prosperous and affluent Nepal by institutionalizing democracy achieved as a result of the struggle by the people of Nepal, while at the same time creating an atmosphere conducive for the enjoyment of the fruits of democracy.
4. The fundamental economic objective of the State shall be to transform the national economy into an independent, self-reliant and progressive economy by preventing the economic resources and means available in the country from being concentrated within a limited section of the society, by making arrangements for the equitable distribution of economic gains on the basis of social justice, by making such provisions as to eliminate economic inequalities and prevent economic exploitation of any caste, sex, class, origin or individuals, and by giving priority and encouragement to national enterprises, both private and public.
5. The social objective of the State shall be to establish and develop a healthy social life on the foundation of justice and morality, by eliminating all types of economic and social inequalities and by establishing harmony amongst the various castes, tribes, religions, languages, races, communities and denominations.
6. The State shall direct its international relations towards enhancing the dignity of the nation in the international arena by maintaining the sovereignty, integrity and independence of the country.

35. Policies of the State

1. The State shall pursue a policy of raising the standards of living of the general public through the development of infrastructures such as education, health, housing and employment of the people of all regions, by equitably distributing investment of economic investment for the balanced development of the country.
2. The State shall pursue a policy of developing economy of the country through the governmental, cooperative and private sectors.
3. The State shall pursue a policy of strengthening the national unity by maintaining the cultural diversity of the country by developing healthy and cordial social relations amongst the various religions, cultures, castes, communities, denominations, origins and linguistic groups, based on equality and co-existence, and through the equal development of their languages, literatures, scripts, arts and cultures.
4. The State shall pursue a policy of according priority to the local communities while mobilizing the natural resources and heritages of the country in such a manner as to be useful and beneficial to the interests of the nation.
5. The State shall make such arrangements as may be required to keep the environment clean. The State shall give priority to the prevention of adverse impacts in the environment from physical development activities, by increasing the awareness of the general public about environmental cleanliness, as well as to the protection of the environment and special safeguard of the rare wildlife. The State shall make arrangements for the protection of, sustainable uses of, and the equitable distribution of benefits derived from, the flora and fauna and biological diversity.
6. The State shall develop the agriculture sector as an industry by creating conditions for economic progress of the majority of the people who are dependent on agriculture and raising productivity in the agriculture sector through encouragement to the farmers.
7. The State shall pursue a policy of ensuring the right to work of the labor force, which remains as the major social and economic strength of the country, by providing them with employment and raising their participation in the management of enterprises, while at the same time protecting their rights and interests.
8. The State shall pursue a policy of making the women participate, to the maximum extent, in the task of national development, by making special provisions for their education, health and employment.
9. The State shall pursue a policy of making special provision of social security for the protection and progress of the single women, orphans, children, the helpless, the aged, the disabled, incapacitated persons, and tribes on the verge of extinction.
10. The State shall pursue a policy of uplifting the economically and socially backward indigenous peoples, Madhesi, Dalit, marginalized communities, and workers and farmers living below the poverty line, by making a provision of reservation in education, health, housing, food sovereignty and employment, for a certain period of time.
11. The State shall, for the progress of the country, pursue a policy of giving priority to the development of science and technology and also pursue a policy of developing local technology.
12. The State shall, for the purposes of national development, pursue a policy of attracting foreign capital and technology, while giving priority to indigenous investment.
13. The State shall pursue a policy of keeping on accelerating the pace of rural development, keeping in view the welfare of the majority of the rural population.
14. The State shall pursue a policy of making a special provision, based on positive discrimination, for the minorities, landless people, landless squatters, bonded labours, the disabled, backward regions and communities and victims of conflict, the women, Dalit, indigenous people, Madhesi and Muslims, as well.
15. The State shall pursue a policy of making provision for, the basic land required for the settlement of the bonded labours, and for their education, after determining the number of such labours.
16. The State shall pursue a policy of making infrastructures required to impart technical education, training and orientation for the development of that class of people dependent including farmers and workers, to have their participation in the process of development of the State.
17. The State shall pursue a policy of providing allowances to the senior citizen, incapacitated women and the unemployed by making laws.
18. The State shall pursue a policy of identifying, protecting and modernizing the traditional knowledge, skills and practices existing in the country.
19. The State shall pursue a special policy of regulating the operation and management of public and non-governmental organizations established in the country.
20. The State shall pursue a special policy of mobilizing the youthful human resources in the development of the country.
21. The State shall pursue the foreign policy of Nepal based on the principles of the Charter of the United Nations, non-alignment, the principles of Panchsheel, international law and the norms of world peace.
22. The State shall pursue a policy of keeping institutionalizing peace in Nepal through international norms, by promoting cooperative and harmonious relations in the economic, social and other spheres on the basis of equality with neighboring friendly countries and all other countries of the world.

36. Questions not to be raised in court

1. No question shall be raised in any court as to whether the matters contained in this Part have been implemented or not.
2. The State shall mobilize, or cause to be mobilized, the means and resources, as required, to implement the principles and policies contained in this Part.