NEB Class 11 · Past paper
The official NEB Class 11 model questions for Constitutional Law, all 30 questions with solved model answers.
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Define the constitution. State the major sources of constitutional law. / संविधानको परिभाषा दिनुहोस् । संवैधानिक कानूनका मुख्य स्रोतहरू उल्लेख गर्नुहोस् ।
A constitution (संविधान) is the fundamental and supreme law of a state. It is the charter that sets up the organs of government. These organs are the legislature, the executive and the judiciary. The constitution shares power among them. It defines how the state and its citizens relate. It also guarantees the basic rights of the people.
A constitution is different from ordinary law because of its supremacy. Every other law gets its validity from the constitution. A law that goes against it is void. In Nepal, Article 1 of the Constitution of 2015 says it is the fundamental law of the land. Any law that goes against it is void to the extent of the conflict.
A practical example makes this clear. Suppose Parliament passed a law denying women equal pay. That law would clash with the right to equality in Part 3. The Supreme Court could declare the law void to that extent. The reason is that the constitution outranks the statute.
The sources of constitutional law are the materials from which the rules of the constitution are drawn. There are five main sources.
The first and most important source is the written constitution itself. It is the single authoritative document. In Nepal this is the Constitution of 2015. It is the starting point for every constitutional question.
The second source is statute law. These are ordinary Acts of the legislature on matters of constitutional importance. Examples are laws on elections, citizenship or the organisation of courts. They fill in the constitutional scheme and put it into effect. For instance, the detailed rules for electing members of the House of Representatives are in election legislation. They are not in the constitutional text itself. Yet they give effect to the constitutional design.
The third source is judicial decisions. These are the interpretations of the courts. In Nepal the Supreme Court is the main one. Its decisions explain the meaning of constitutional provisions. They bind the lower courts. Suppose the Supreme Court explains the scope of a fundamental right. That explanation becomes part of the living constitutional law.
The fourth source is constitutional conventions and practices. These are settled usages that are not written down. The organs of government actually work by them. For example, the President acts on the advice of the Council of Ministers.
The fifth source has less weight. It is authoritative legal writing by recognised scholars. Courts may look at it for guidance.
In a country with a written constitution like Nepal, the written text is the most important. But the other sources are also real. These are the statutes, the judicial interpretations and the conventions. Together they decide how the constitution works in practice. The text alone cannot foresee every situation. The laws, the decisions and the practices supply the detail. They keep the document alive as times change.
A sound grasp of constitutional law therefore needs more than the text. You must read the text together with the laws, the decisions and the practices that give it effect. In short, the constitution is the fundamental and supreme law. Its rules come first from the text. They are then supported by statute, judicial interpretation, convention and learned writing.
Write the constitutional development of Nepal in brief. / नेपालको संवैधानिक विकासको इतिहास छोटकरीमा लेख्नुहोस् ।
Nepal's constitutional development is a story of steady movement. It moved from rule by autocratic authority to a constitution made by the people themselves. Over about seven decades, the source of constitutional authority changed. It moved from the ruler's favour to the people's vote. Each major charter marks a step in that change.
The first landmark was the Government of Nepal Act 2004 BS (1948). It was issued under the Rana regime. It was limited in scope and granted from above. But it was the country's first written constitutional document. It brought in the idea that even rulers should govern by written rule.
The Ranas fell in 1951. After that came the constitutions of the 1950s. They set up interim democratic institutions. They promised an elected constituent assembly. That promise was not fulfilled at that time.
Next came the Constitution of the Kingdom of Nepal 2019 BS (1962). It set up the party-less Panchayat system. It put power in the monarchy. It allowed very little real participation by the people.
Then the people pushed hard for democracy. This led to the return of multiparty rule. It also led to the Constitution of the Kingdom of Nepal 2047 BS (1990). This Constitution created a constitutional monarchy. It created a sovereign parliament. It gave fundamental rights that courts could enforce. It recognised popular sovereignty for the first time in clear terms.
The 1990 Constitution had a practical meaning. Citizens could now go to court to enforce their rights against the state. Earlier charters had not truly offered this power.
Then came the decade-long conflict and the People's Movement of 2006. They produced the Interim Constitution of Nepal 2063 BS (2007). Under it, the monarchy was abolished. Nepal was declared a federal democratic republic. This was to last until a permanent constitution was ready.
That permanent charter is the Constitution of Nepal 2072 BS (2015). It was framed and promulgated by an elected Constituent Assembly. It is historic for a clear reason. It is the first constitution in Nepal's history written by the people's own elected representatives.
It sets up a federal democratic republic. There are three tiers of government. They are one federal government, seven provinces and 753 local units. It has a long bill of fundamental rights in Part 3. It has an inclusive character. This is shown by a set of inclusion commissions. It also has a range of independent constitutional bodies.
To see how far the country has come, compare two documents. One is the Government of Nepal Act of 1948. The Ranas handed it down. The other is the 2015 Constitution. An assembly that the people had elected debated it and adopted it.
The path from a charter granted by rulers to one made by an elected assembly is the heart of Nepal's constitutional development. In conclusion, Nepal's constitutional history is a slow but firm move from autocracy to a people's constitution. The 2015 Constitution is the high point of the long struggle. It is also the base of the present federal democratic republic.
Short note: Constitution. / छोटो टिप्पणी: संविधान ।
A constitution (संविधान) is the fundamental and supreme law of a state. It sets up the organs of government and shares power among them. It defines how the state and citizens relate. It also guarantees fundamental rights. Every other law must follow it. The Constitution of Nepal 2015 is the supreme law of the land.
Differentiate between written and unwritten constitution. / लिखित र अलिखित संविधानबीच फरक छुट्याउनुहोस् ।
A written constitution (लिखित संविधान) and an unwritten constitution (अलिखित संविधान) differ as follows.
The difference shows itself in practice. Take Nepal. A question arises about the division of powers between the federal and provincial levels. One can turn to the written text and its schedules and read the answer. The document is the common reference for citizen, lawyer and court alike. Now take the United Kingdom. The same kind of question would be answered differently. One must piece together old statutes, court decisions and settled conventions. There is no single document to consult. Yet no constitution is purely one type. Nepal's written constitution still depends on conventions, such as how a coalition government is formed. And the United Kingdom's unwritten constitution contains crucial written statutes.
Define fundamental rights. Are fundamental rights absolute? Analyze. / मौलिक अधिकारको परिभाषा दिनुहोस् । के मौलिक अधिकार निरपेक्ष अधिकार हो ? विवेचना गर्नुहोस् ।
Fundamental rights (मौलिक हक) are the basic human rights that a constitution specially guarantees to its citizens. The constitution also makes them enforceable in its courts. So an ordinary law of the legislature cannot cut them down. In Nepal they are the rights set out in Part 3 of the Constitution of 2015. They range from the right to life with dignity, freedom and equality to the right against discrimination. They also include the rights to justice, property, religion, information and privacy. A wide set of social rights is included too.
Their defining quality is enforceability. Through the right to constitutional remedy, a person whose right is violated may go to the Supreme Court or a High Court. These courts can issue writs to enforce the right.
The second part of the question asks if these rights are absolute. In other words, can they ever be limited? The answer is that they are not absolute. No constitution treats rights as unlimited. If one person's right were unlimited, it would destroy the rights of others. It would also destroy the order of society. Think of a right to free speech that covered defamation and incitement. Think of a right to property that allowed no tax or planning law. Ordered social life would become impossible.
The limits take three forms.
(a) Reasonable restrictions: The Constitution itself allows some rights to be restricted by law. These are freedom of speech, assembly, movement and profession. The law may restrict them in the interest of sovereignty and integrity. It may do so for public order, decency and morality. It may also do so to protect the rights and reputation of others. Here is an example. The state may reasonably regulate the time and route of a large demonstration. This stops it from paralysing a city or putting others in danger. The right to assemble is not abolished.
(b) Emergency derogation: Nepal may face a grave threat to its sovereignty, integrity or security. The threat may come from war or external aggression. It may come from armed rebellion. It may also come from extreme economic breakdown. Then a state of emergency may be declared. Certain fundamental rights may be suspended or limited while it lasts.
(c) The correlative nature of rights: Every right is used within a boundary. The equal rights of others set this boundary. One's own duties to society set it too. So rights and duties move together.
Now we come to the key point of the analysis. The power to limit rights is itself limited by the Constitution.
In conclusion, fundamental rights in Nepal are strongly guaranteed and enforceable in court. But they are not absolute. They are best understood as protected rights with defined and limited restrictions. This is a deliberate balance between the liberty of the individual and the needs of society and the state. The scheme works because it limits the rights. It also limits the power to limit them. So neither individual liberty nor public order is allowed to swallow the other.
Explain the Directive Principles of the State. / राज्यका निर्देशक सिद्धान्तहरूबारे वर्णन गर्नुहोस् ।
The directive principles of the state (राज्यका निर्देशक सिद्धान्त) are set out in Part 4 of the Constitution of Nepal 2015. Part 4 also covers the policies and obligations of the state. The directive principles are the guiding principles that shape the long-term direction of the state.
(a) Purpose and scope: They direct the state toward a just and inclusive society. The society should also be prosperous and socialism-oriented. They cover political, economic, social, cultural and environmental goals. Examples are social justice and public welfare. Others are balanced development and protection of the environment.
(b) Nature: Fundamental rights are different. The directive principles are generally not directly enforceable in court. A citizen cannot ordinarily sue the government just because a principle has not yet been fulfilled.
(c) Weight: They are not enforceable in court. Even so, they bind the conscience of the state. They guide how laws and policies are framed. The government must also report regularly on how it is carrying them out. So the legislature and the public can hold it to account. They can check the direction the state is taking.
Here is an example. The state may give free basic education to children of poor families. It may expand health posts into remote hill and mountain districts. In both cases it is giving effect to the directive principles. No court forced it to act.
In this way the directive principles work together with the fundamental rights. The rights protect the individual against the state. The directive principles commit the state to positive action for the common good. They set the goals. Laws and budgets should steadily work toward those goals.
Short note: Emergency. / छोटो टिप्पणी: संकटकाल ।
A state of emergency (संकटकाल) may be declared when Nepal's sovereignty, territorial integrity or security is gravely threatened. The threat may be war, external aggression, armed rebellion or extreme economic breakdown. During it certain fundamental rights may be suspended. Some rights stay protected, such as the right against torture and the remedy of habeas corpus. The emergency is limited in time. The Federal Parliament must approve it.
Short note: Moral duty. / छोटो टिप्पणी: नैतिक कर्तव्य ।
A moral duty (नैतिक कर्तव्य) is an obligation based on conscience, ethics and social expectation. It is not based on legal force. Examples are helping those in need and being honest. A legal duty is different. Breaking it brings a legal consequence. A moral duty is enforced by conscience and social opinion. The courts do not enforce it.
What is a Federal system? How is power distributed under this system? / संघात्मक व्यवस्था भनेको के हो ? यो व्यवस्थामा शक्तिको वितरण कसरी हुन्छ ?
A federal system (संघात्मक व्यवस्था) is a system of government with a divided design. The constitution divides power between a central (federal) government and regional governments. Each derives its authority directly from the constitution. Each exercises it within its own sphere. Neither can abolish the other on its own. It contrasts with a unitary system. In a unitary system all power is concentrated at the centre. The regions act only on powers delegated to them. A federal system has clear aims. It accommodates diversity. It gives regions self-rule. It brings government closer to the people. It prevents too much power in a single authority. Nepal adopted federalism in 2015 for exactly these reasons. This followed a long history of centralised, unitary rule.
The heart of a federal system is the distribution of power between the levels of government. A constitution does this by setting out lists of powers. Under the Constitution of Nepal 2015, power is distributed among the three tiers. These tiers are federal, provincial and local. The lists are set out in its schedules.
Clear rules of precedence keep the system coherent. Suppose laws conflict on a matter in a concurrent list. Then federal law prevails over provincial law. Provincial law prevails over local law. This is to the extent of the inconsistency. Residual powers are those not placed on any list. They rest with the federal level. A simple example makes the scheme concrete. A national matter such as issuing currency belongs only to the federation. A purely local matter such as a village road belongs to the local unit. Now take a shared subject where two laws clash. The higher law prevails to the extent of the conflict. The rest survives.
So in a federal system power is not held by one government alone. It is shared among levels. Each level is supreme within its own field. There are clear rules to resolve overlaps. The Constitution of Nepal 2015 applies this through its lists of exclusive and concurrent powers. It gives each of the three tiers a defined sphere. It maintains the unity of the state through the rule that federal law prevails. In this balance between shared self-rule and national unity lies the strength of Nepal's federal design.
Write in short about the merits and demerits of a federal state. / संघीय राज्यका गुण र दोषका बारेमा संक्षिप्तमा लेख्नुहोस् ।
A federal state (संघीय राज्य) divides power between a central government and regional governments by the constitution. Each is supreme in its own sphere. Nepal became such a state under the Constitution of 2015. Its merits and demerits are as follows.
Merits:
Demerits:
On balance a federal state suits a large and diverse country like Nepal. This holds provided the levels cooperate. It also holds provided the constitutional distribution of powers is respected.
What is Separation of Power? Describe. / शक्तिपृथकीकरण भनेको के हो ? व्याख्या गर्नुहोस् ।
The doctrine of separation of powers (शक्ति पृथकीकरण) is linked to Montesquieu. It holds that the three functions of government should be kept in three separate organs.
Its purpose is to prevent the concentration of power in one authority. This protects liberty from tyranny. Suppose one body made, enforced and judged the law. Then nothing would restrain its abuse. A complete separation is impractical. So modern constitutions apply the doctrine through checks and balances. The organs are largely separate. But each can restrain the others. In Nepal the Federal Parliament makes law. It can impeach certain high officials by a two-thirds majority. The executive administers the state. It can issue ordinances when Parliament is not in session. The independent judiciary is headed by the Supreme Court. It can review and invalidate unconstitutional acts. Suppose the executive detains a person without lawful authority. The judiciary can order the person's release through a writ of habeas corpus. A writ of habeas corpus is a court order to produce a detained person and justify the detention. This is a direct check on executive power. So the organs are distinct yet mutually balancing. That balance is what safeguards the citizen's freedom.
Short note: Federalism. / छोटो टिप्पणी: संघीयता ।
Federalism (संघीयता) is a system of divided power. The constitution divides governmental power between a central (federal) government and regional governments. Each is supreme within its own sphere. Nepal became federal under the Constitution of 2015. It has three tiers: federal, provincial (7 provinces) and local (753 units).
Short note: State. / छोटो टिप्पणी: राज्य ।
A state (राज्य) is a politically organised community. It has four elements. These are a permanent population, a definite territory, a government, and sovereignty. The state is permanent. The government is only the machinery through which the state exercises power.
Short note: Power list. / छोटो टिप्पणी: अधिकार सूची ।
A power list (अधिकार सूची) is a list in the constitution's schedules. It assigns powers to a level of government in a federal state. The Constitution of Nepal 2015 has exclusive federal, provincial and local lists and two concurrent lists. Federal law prevails where a shared power is in conflict. Residual powers rest with the federation.
What do you mean by independence of the judiciary? / स्वतन्त्र न्यायपालिका भनेको के हो ?
Independence of the judiciary (स्वतन्त्र न्यायपालिका) means the courts are free to decide cases. They decide purely according to the law and the evidence. They act without interference, pressure, fear or favour. No such pressure comes from the executive, the legislature or any other power. This is essential to the rule of law. It is essential to the protection of fundamental rights. A court that could be pressured by the government would be no real protection at all. Under the Constitution of Nepal 2015 it is secured by several guarantees.
The practical worth of these guarantees appears in a real case. Suppose the state has acted unlawfully. For example, it has detained a person without authority. A judge with secure tenure can order the person's release through a writ of habeas corpus. The judge can decide against the government without fearing dismissal or a cut in pay. Together these protections let judges administer justice impartially. They let judges hold even the state to the law.
Mention the functions of the Federal Council of Ministers. / संघीय मन्त्रिपरिषद्का कार्यहरू लेख्नुहोस् ।
The Federal Council of Ministers (संघीय मन्त्रिपरिषद्) is headed by the Prime Minister. It is the federal executive of Nepal. The executive power of the federation is vested in it. Its principal functions are these. It implements and administers the laws and runs the government through the ministries. It formulates and executes national policy. It conducts foreign relations and negotiates treaties. It maintains peace, order and national security. It prepares and presents the budget. It manages public finance and administration. It recommends appointments. It issues ordinances when Parliament is not in session. For example, the annual budget sets the government's spending and taxation for the year. It is prepared and presented by the Council. The response to a national emergency is also directed by it. The Council is collectively responsible to the House of Representatives. The House can remove it by a vote of no confidence. So its wide powers are exercised under the continuous accountability of the elected house. (See Q4 above for the fuller treatment.)
Short note: Supreme Court. / छोटो टिप्पणी: सर्वोच्च अदालत ।
The Supreme Court (सर्वोच्च अदालत) is the apex court of Nepal. It is the final interpreter of the Constitution. It is a court of record. It hears appeals from the High Courts. It can issue writs to enforce fundamental rights. Below it are the High Courts and the District Courts.
Short note: High Court. / छोटो टिप्पणी: उच्च अदालत ।
A High Court (उच्च अदालत) is the court at the provincial level. It sits in Nepal's three-tier judicial hierarchy. It is between the Supreme Court above and the District Courts below. It hears appeals from the District Courts. It tries certain cases. It can issue writs within its jurisdiction.
Short note: Impeachment. / छोटो टिप्पणी: महाअभियोग ।
Impeachment (महाअभियोग) is a removal process. Through it the Federal Parliament removes high officials for serious misconduct. These include the President, the Chief Justice, Supreme Court judges and heads of constitutional bodies. The motion must be passed by a two-thirds majority.
Short note: Mid-term election. / छोटो टिप्पणी: मध्यावधि निर्वाचन ।
A mid-term election (मध्यावधि निर्वाचन) is held before the House of Representatives completes its full five-year term. It happens when the House is dissolved early. For example, no government can command a majority. Then fresh elections are called ahead of schedule.
Short note: Direct election. / छोटो टिप्पणी: प्रत्यक्ष निर्वाचन ।
A direct election (प्रत्यक्ष निर्वाचन) is one in which the voters themselves choose their representatives. They cast their votes directly. An example is the first-past-the-post election of members to the House of Representatives. It contrasts with an indirect election. There, an electoral college chooses on the voters' behalf, as for the President.
Short note: Provincial power. / छोटो टिप्पणी: प्रादेशिक शक्ति / अधिकार ।
Provincial power (प्रादेशिक शक्ति / अधिकार) means the powers that the Constitution of Nepal 2015 gives to a province. They are set out in the exclusive provincial list and the concurrent lists. In these fields, the Provincial Assembly makes law. The provincial government carries out the administration. One rule applies when a concurrent power is in conflict. In that case, federal law prevails.
Short note: Nepal Army. / छोटो टिप्पणी: नेपाली सेना ।
The Nepal Army (नेपाली सेना) is the national defence force. It protects the sovereignty and territorial integrity of Nepal against external aggression. It also assists in disaster relief and internal security. It is under civilian control. It is mobilised only on the recommendation of the National Security Council.
Short note: Nepal Police. / छोटो टिप्पणी: नेपाल प्रहरी ।
The Nepal Police (नेपाल प्रहरी) is the civil force responsible for law and order. It prevents and investigates crime. It enforces the law. It protects the life, property and rights of citizens. It operates under the Ministry of Home Affairs.
Explain the major functions of the Attorney General. / महान्यायाधिवक्ताको मुख्य कार्यहरू वर्णन गर्नुहोस् ।
The Attorney General (महान्यायाधिवक्ता) is the chief legal adviser and the highest law officer of the Government of Nepal. The Attorney General is appointed by the President on the recommendation of the Prime Minister. The major functions are as follows.
Here is a concrete example. Suppose the government is sued. Or suppose it must defend one of its decisions before the Supreme Court. Then it is the Attorney General and the law officers under that office who appear and argue the case for the state. So the Attorney General upholds the rule of law in the conduct of government. It ensures that the state's legal business is handled soundly.
Write the major functions of the National Women's Commission. / राष्ट्रिय महिला आयोगको मुख्य कार्यहरू लेख्नुहोस् ।
The National Women Commission (राष्ट्रिय महिला आयोग) is a constitutional body under the Constitution of Nepal 2015. It is established to protect and promote the rights and interests of women. Its major functions are as follows.
Here is an example. Suppose a law or a government programme falls short in protecting women from discrimination. The Commission can study it. It can draw attention to the gap. It can recommend specific improvements to the government. Its importance is clear. It gives women's rights an institutional guardian. It helps realise the Constitution's guarantee of equality and inclusion.
Explain the role of the Constitutional Council. / संवैधानिक परिषद्को भूमिकाबारे वर्णन गर्नुहोस् ।
The Constitutional Council (संवैधानिक परिषद्) is a high body under the Constitution of Nepal 2015. Its main role is to recommend persons for appointment to the highest constitutional offices. Its role and features are as follows.
There is a reason for this broad-based council. It keeps the most powerful appointments out of the hands of the executive alone. The Council includes not only the Prime Minister. It also includes the Chief Justice, the Speaker, the Chairperson of the National Assembly and the leader of the opposition. So no single party can simply fill the Chief Justiceship or the constitutional bodies with its own loyalists. In this way the Council helps keep the top judiciary and the constitutional bodies independent. It keeps them free from one-sided political control. Its role is therefore central to the integrity of the whole constitutional machinery.
Short note: Quasi-judicial bodies. / छोटो टिप्पणी: अर्ध न्यायिक निकाय ।
Quasi-judicial bodies (अर्ध न्यायिक निकाय) are authorities that are not regular courts. But the law empowers them to decide certain disputes in a court-like manner, following fair procedure. Examples include tribunals and certain commissions and administrative authorities. Their decisions are usually subject to review by the regular courts.
Short note: Tharu Commission. / छोटो टिप्पणी: थारु आयोग ।
The Tharu Commission (थारु आयोग) is a constitutional body under the Constitution of Nepal 2015. It works to protect and promote the rights, interests and inclusion of the Tharu community. It studies their condition. It recommends measures for their welfare and fair participation in the state.
Short note: National Inclusive Commission. / छोटो टिप्पणी: राष्ट्रिय समावेशी आयोग ।
The National Inclusive Commission (राष्ट्रिय समावेशी आयोग) is a constitutional body. It protects and promotes the rights and inclusion of communities left out of the mainstream. These are communities not covered by the other dedicated commissions. It recommends measures for their fair participation in the organs and services of the state. (See Q2 for its importance.)