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The current constitution of Nepal was promulgated on 3 Asoj 2072 VS (September 20, 2015). It is called “Constitution of Nepal”.
In its concise preamble recounting political and historical struggles, the sovereignty of Nepal is ultimately vested in the Nepalese people.
An independent, self-managed, free and valued regime is based on the national interest. The state and society of Nepal are defined in terms of polycategories of diverse, multiple and plural identities.
The country encourages unity, solidarity, coexistence, cordial and non-discriminatory behavior as its main assets. A political system of the Federal Democratic Republic, Nepalese politics strive for lasting peace, good governance, development and prosperity.
In short, Nepal concedes political changes towards democratic norms and values ​​concomitant with the universal aspirations of the contemporary world.
A modern political system professes the current waves of political change to support a democratic political culture and democratic civilization.
It is stated that the Constitution of Nepal is the fundamental or fundamental law of the country {Chapter 1, Article 1 (1)}. He delivered a foreign policy framework categorically mentioning these sectoral issues in the principles of the directive, policy and state responsibility {chapter 4, article 50 (4) and article 51 (M)}.
In addition to these clear provisions on foreign policy, certain innuendos about it are expressed here and there when Nepal has to express and defend its independence and statehood in international affairs.
This constitution conceptualizes the nation that commits to and respects the national freedom, independence, territorial integrity, national interest and prosperity of Nepal (Chapter 1, Article 3).
In the future, these foreign policy principles would see their growth and development in the political ideology, politics and debate generated to enrich the budding generation to rationally, logically and consistently deliberate narratives and counter-narratives. political options and choices in Nepal.
Thus, Nepal’s constitutional creed is defined and interwoven with national unity and national integrity. Likewise, the state of Nepal underlies a political identity as mentioned earlier, a character of the state which is an independent, indivisible, sovereign, secular, inclusive, democratic and socialist-oriented federal democratic republic (Chapter 1, article 4).
In foreign policy, the national interest is of paramount importance. Enlightened national interests are an essential ingredient in the pursuit of foreign policy and diplomacy.
This constitution describes the national interests of Nepal. It sets out the basic principles of national interests such as Nepal’s independence, sovereignty, territorial integrity, nationalism, self-government, security of rights and concerns of defense of Nepal’s international borders, prosperity economic and economic progress {Chapter 1, Article 5 (2)}.
In this pursuit of principles, political conduct, ethics and integrity must not be compromised in the field and functions otherwise punitive measures are imposed in accordance with the provisions of federal law {Chapter 1, Article 5 (2) }.
As we know, Nepal has many unique characteristics and icons, its pennant, national anthem, national flower, national color, national animal and national bird emphasize the national spirit and identity {Chapter 1, article 8, article 9}. Citizenship is going to be a zone of conflict even with lofty future intentions related to a foreign spouse or diaspora privileges (Chapter 2).
The recent issuance of a restraining order by the Deuba government so as not to jeopardize bilateral relations has resulted in rights to liberty to be restricted {chapter 3, article 17 (2), (3), (4), ( 5) and (7)}.
In addition, the constitution emphasizes the sanctity of the exclusive domain of the federal government in matters of foreign policy and avoids endangering federal and provincial relations when establishing bilateral or multilateral relations. Such sensitivities are followed or pursued in communication or media freedom {Chapter 3, Article 19 (1)}.
In article 20, the secrecy of enemy persons in obtaining justice will not be binding or attractive (eg foreign individuals convicted of unlawful acts or activities). No citizen will be banished in exile (chapter 45).
In the Guiding Principles, State Policy and Responsibility {Chapter 4, Article 50 (4)} guaranteeing the independence, sovereignty, territorial integrity, self-government and national interests of Nepal, to pursue international relations based on sovereign equality and directing international relations of state relations by strengthening national recognition in the international community in the guiding principles.
These are working guidelines {article 49 (1)} and appropriate resources will be mobilized to implement them {article 49 (2)}.
In addition, it is the policy of the state to safeguard its national interests on the basis of national integrity and national security. Regarding political and governance arrangements, the State will implement international treaties and agreements to which Nepal is a signatory under {Article 51 (b) (3)}.
Regarding economic, industrial and trade policy {article 51 (d)}, import substitution, export promotion by attracting foreign capital and technological investments and to promote and mobilize infrastructure development will be sought for { article 51 (d) (10)}.
Based on the needs and priority of the nation when taking foreign aid and transparency of these transactions and alignment of the amount received in the national budget {Article 51 (D) (11)}.
In the same article 51 (D) (12), it was mentioned that the state should use the national development of NRN knowledge, skills, technology and capital.
Likewise, {Article 51 (1) (14)} on social justice and policies linked to inclusion, community and national assistance or from INGOs, the roles of the State in making the functional functioning accountable and transparent of this entity and its management / regulation based on a single door policy and to mobilize them on national needs and priority sectors.
Article 51 (L) Policy on International Relations (1) to be proactive in securing the sovereignty, territorial integrity, autonomy and national interests of Nepal to execute an independent foreign policy by focusing on comprehensive national interests based on the norms and values ​​of the United Nations Charter, non-alignment, Panchasheel, international law and world peace; (2) sign treaties and agreements based on equality and mutual interests by reviewing past treaties.
Article 52 stipulates to guarantee and promote independence, sovereignty, territorial integrity and self-government in Nepal in an indivisible manner, in order to protect and defend fundamental and human rights.
So, the state must follow the guiding principles and then execute the state policies, the state’s responsibility to make Nepal prosperous and progressive.
As part of the implementation of the provisions of Article 52, the Government of Nepal will submit an annual report thereon to the President and through the President to the Federal Parliament (Article 53).
In this chapter 4 of its gradual implementation, monitoring and evaluation, a committee will be set up in accordance with the laws of the Federal Parliament (article 54). Article 55 says that it will not be called into question by justice if this chapter is not executed. Chapter 6, the president of Nepal promotes national unity and he / she is the head of state, the first person.
Chapter 32 Miscellaneous – Article 278 The Federal Parliament is vested with the power to sign treaties or agreements.
Section 279 (1) According to federal laws, treaties or agreements are approved, adhered to, sanctioned or approved.
Article 279 (2) two-thirds majority of Parliament (a) peace and friendship; (b) security and strategic relationships; (c) the borders of Nepal; and (d) the allocation of national resources and their use.
In this article, clauses (a) and (d) are attractive when the state is immune from a deep, broad, serious and long-term impact.
It would be interesting to put this principle on the embedded matrix or in relief in the praxis. A comparative study of foreign policy provisions in Nepal’s constitutional history would reveal that the current constitution gives importance to foreign policy and symbolizes Nepal’s aspirations in world affairs.
Article 279 will be applicable in the presence of deputies with a simple majority. Article 279 (3) will not be applicable in the event of non-compliance with the provisions.
Article 279 (4) Nepal will not be a signatory or a party if such covenants contravene territorial integrity. Article 282 (4) on the Ambassador and the Special Envoy, on the Principles of Inclusion, the President will appoint the Ambassador of Nepal and for special matters will appoint a Special Envoy.
Article 282 (2) The President recognizes the credentials of foreign diplomats.
Article 292 provisions relating to the parliamentary hearing of ambassadors in accordance with the provisions of federal law comprising bicameral deputies of 14 members in a joint committee is formed. In annex 5 of the federal list of companies – (1) defense and military interests; (6) foreign and diplomatic affairs, international relations and United Nations affairs; (7) international treaty or agreement, extradition, mutual legal assistance and international border, international rivers; (18) international trade, exchange, ports, quarantine; (19) air authority, international airport; (22) citizenship, passport, visa, immigration; (23) atomic energy, atmosphere and space; (27) international environmental management.
These are implicit provisions on foreign policy and foreign affairs that could be taken into consideration when conducting diplomacy.
It would be interesting to put this principle on the embedded matrix or in relief in the praxis. A comparative study of foreign policy provisions in Nepal’s constitutional history would reveal that the current constitution gives importance to foreign policy and symbolizes Nepal’s aspirations in world affairs.
In the future, these foreign policy principles would see their growth and development in the political ideology, politics and debate generated to enrich the budding generation to rationally, logically and consistently deliberate narratives and counter-narratives. political options and choices in Nepal.
(Rajeev Kunwar is a political scientist based in Kathmandu. He is currently a doctoral candidate at the Faculty of Humanities and Social Sciences, Tribhuvan University, Kirtipur)
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