Posted by: dimag kharab April 11, 2011
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PART 4
RESPONSIBILITIES, DIRECTIVE PRINCIPLES AND POLICIES OF THE STATE
33. Responsibilities of the State: The State shall have the follows responsibilities:
(a) To focus all its attention to conduct a free and impartial election for the members of the Constituent Assembly within Jestha 2064 (by June, 2007), acknowledging the matter to practical guarantee that the sovereign powers of the State inherently lies upon the Nepali people.
(b) To ensure progressive political, economical and social change in the Country.
(c) To adopt a political system which is fully abides by the universally accepted concept of fundamental human rights, multi-party competitive democratic system, sovereign authority inherent in the people and supremacy of the people, constitutional balance and check, rule of law, social justice and equality, independence of judiciary, periodical election, monitoring by the civil society, full independence of press, right to information of the people, transparency and accountability in the activities of political parties, people’s participation, neutral, competent and clean administration and to maintain good governance by eliminating corruption and impunity.
(d) To carry out an inclusive, democratic and progressive restructuring of the State by eliminating its existing form of centralized and unitary structure in order to address the problems related to women, Dalits, indigenous tribes, Madhesis, oppressed and minority community and other disadvantaged groups, by eliminating class, caste, language, sex, culture, religion and regional discriminations.
(e) To formulate a minimum common program for socio- economic transformation to eliminate all forms of feudalism and implement it gradually.
(f) To pursue a policy of adopting scientific land reform programs by gradually ending feudalistic land ownership.
(g) To follow a policy of protecting and promoting national industries and resources.
(h) To pursue a policy of establishing the rights of all citizens to education, health, housing, employment and food sovereignty.
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(i) To adopt a policy of providing economic and social security including lands to economically and socially backward classes including the landless, bonded labourers, tillers and shepherds.
(j) To adopt a policy of taking severe action and punish the individuals who earns unjust wealth through corruption by holding a office of profit.
(k) To formulate a common development concept for socio- economic transformation and justice, and for rapid economic progress and prosperity of the country.
(l) To follow a policy that increases investment for promoting industry, trade and export, and creates opportunity for employment and income generation, by ensuring the professional rights of labourers.
(m) To implement international treaties and agreements effectively, to which State is a party.
(n) To terminate all discriminatory laws.
(o) To use existing natural resources including water resources of the country for the interest of the nation.
(p) To make arrangements for appropriate relief, recognition and rehabilitation for the family of the deceased persons the disabled and helpless persons due to injury during the course of armed conflict.
(q) To provide relief to the families of the victims, on the basis of the report of the Investigation Commission constituted to investigate the cases of disappearances made during the course of the conflict.
(r) To conduct special programs to rehabilitate the displaced, to provide relief for damaged private and public property, and to rebuild infrastructures destroyed during the course of the conflict.
(s) To constitute a high-level Truth and Reconciliation Commission to investigate the facts regarding grave violation of human rights and crimes against humanity committed during the course of conflict, and create an atmosphere of reconciliation in the society.
34. Directive Principles of the State: (1) It shall be the chief objective of the State to promote conditions of welfare on the basis of the principles of an open society, by establishing a just system in all aspect of national life, including social, economic and political life, while at the same time protecting the lives, property, equality and liberty of the people.
14
(2) It shall be the objective of the State to maintain conditions suitable to the enjoyment of the benefits of democracy through maximum participation of the people in the governance of the country by the means of self-governance tribal, linguistic cultural or regional and to promote general welfare by making provisions for the protection and promotion of human rights, by maintaining tranquility and order in the society.
(3) It shall be the political objective of the State to build a well- off and prosperous Nepal by institutionalizing democracy achieved as a result of the struggle of Nepali people and by creating an environment wherein its benefits could be enjoyed.
(4) The fundamental economic objective of the State shall be to transform the national economy into an independent and self-reliant system by preventing the available resources and means of the country from being concentrated within a limited section of society, by making arrangements for equitable distribution of economic gains based in social justice, by making such provisions as will prevent economic exploitation as well as economic disparity of any caste, sex, tribe, origin or individuals, and by giving preferential treatment and encouragement to national enterprises, both private and public.
(5) The social objective of the State shall be to establish and develop, on the foundation of justice and morality, a healthy social life, by eliminating all types of economic and social inequalities and by establishing harmony amongst the diverse castes, tribes, religions, languages, races, groups and communities.
(6) The state shall, in its international relations, shall be guided by the objective of enhancing the dignity of the nation in the international arena by maintaining the sovereignty, integrity and independence of the country.
35. State Policies: (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, transportation, housing, and employment of the people of all regions, by equitably distributing investment of economic resources for balanced development of the country.
(2) The State shall pursue a policy of economic development through the means of governmental, cooperatives and private sectors.
(3) The State shall, while maintaining the cultural diversity of the country, pursue a policy of strengthening the national unity by promoting healthy and cordial social relations, based on equality and
15
coexistence, amongst the various religions, cultures, castes, groups, communities, origins and linguistic groups, and by helping in the equal promotion of their languages, literatures, scripts, arts and cultures.
(4) The State shall, while mobilizing the natural resources and heritage of the country that might be useful and beneficial to the interest of the nation, pursue a policy of giving priority to the local people.
(5)The State shall make necessary arrangements to maintain clean environment. The State shall give priority to the protection of the environment, and also to the prevention to its further damage due to physical development activities by increasing the awareness of the general public about environmental cleanliness, and the State shall also make arrangements for the special protection of the environment and the rare wildlife. Provision shall be made for the protection of the forest, vegetation and biodiversity, its sustainable use and for equitable distribution of the benefit derived from it.
(6)The State shall, by encouraging peasants and by increasing productivity, create conditions for economic progress of the majority of the people who are dependent on agriculture, and by launching land reform program, develop the agricultural sector as an industry.
(7) The State shall pursue a policy of increasing the participation of the labour force, the major socio-economic force in the country, in the management of enterprises by providing employment to it, ensuring their right to work, and thus protecting its rights and interests.
(8) The State shall pursue a policy of encouraging maximum participation of women in national development by making special provisions for their education, health and employment.
(9) The state shall pursue a policy of making special provisions of social security for the protection and welfare of single women, orphans, children, helpless, the aged, disabled, incapacitated persons and the disguising tribes.
(10) The State shall pursue a policy which will help to promote the interest of the marginalized communities and the peasants and labourers living below poverty line, including economically and socially backward indigenous tribes, Madhesis, Dalits, by making reservation for a certain period of time with regard to education, health, housing, food sovereignty and employment.
(11) The State shall, with a view to bringing about prosperity in the country, pursue a policy of giving priority to the development of
16
science and technology, and shall also give due consideration to the development of local technology.
(12) The State shall, for the purpose of national development, pursue a policy of attracting foreign capital and technology, giving priority to the national investment.
(13) The State shall pursue the policy of creating conditions for the acceleration of the speed of rural development, keeping in view the welfare of the majority of the rural population.
(14) The State shall pursue a policy of making special provision based on positive discrimination to the minorities, landless, squatters, bonded labourers, disabled, backward communities and sections, and the victims of conflict, including women, Dalits, indigenous tribes, Madhesis and Muslims.
(15) The State shall pursue a policy of making provision of providing basic land to the liberated bonded labourers for settlement having determined their exact numbers.
(16) The State shall pursue a policy of making basic infrastructure to impart technical education, training and orientation for the development of a class of people dependent on labour including peasants and labourers, to seek their participation in the development process of the country.
(17) The State shall pursue a policy to make legal provision to provide allowance to the aged, incapacitated women and the unemployed.
(18) The State shall pursue a policy of modernizing the traditional knowledge, skills and practices existing in the country by identifying and protecting them.
(19)The State shall pursue a special policy to regulate the operation and management of public and non-governmental organizations established in the country.
(20) The State shall pursue a special policy to mobilize youth human resources for the development of the country.
(21) The state shall adopt the foreign policy of Nepal guided by the principles of the United Nations Charter, nonalignment, the Panchsheel, international laws and the norms of world peace.
(22) The State shall pursue a policy of making continuous efforts to institutionalize peace for Nepal through international
17
recognition, by promoting cooperative and good relations in the economic, social and other spheres on the basis of equality with neighbouring and all other countries of the world.
36. Questions not to be Raised in Courts: (1) No questions shall be raised in any court as to whether provisions contained in this Part are implemented or not.
(2) The State shall mobilize or cause to be mobilized the required resources for the implementation of the principles and policies contained in this Part.
RESPONSIBILITIES, DIRECTIVE PRINCIPLES AND POLICIES OF THE STATE
33. Responsibilities of the State: The State shall have the follows responsibilities:
(a) To focus all its attention to conduct a free and impartial election for the members of the Constituent Assembly within Jestha 2064 (by June, 2007), acknowledging the matter to practical guarantee that the sovereign powers of the State inherently lies upon the Nepali people.
(b) To ensure progressive political, economical and social change in the Country.
(c) To adopt a political system which is fully abides by the universally accepted concept of fundamental human rights, multi-party competitive democratic system, sovereign authority inherent in the people and supremacy of the people, constitutional balance and check, rule of law, social justice and equality, independence of judiciary, periodical election, monitoring by the civil society, full independence of press, right to information of the people, transparency and accountability in the activities of political parties, people’s participation, neutral, competent and clean administration and to maintain good governance by eliminating corruption and impunity.
(d) To carry out an inclusive, democratic and progressive restructuring of the State by eliminating its existing form of centralized and unitary structure in order to address the problems related to women, Dalits, indigenous tribes, Madhesis, oppressed and minority community and other disadvantaged groups, by eliminating class, caste, language, sex, culture, religion and regional discriminations.
(e) To formulate a minimum common program for socio- economic transformation to eliminate all forms of feudalism and implement it gradually.
(f) To pursue a policy of adopting scientific land reform programs by gradually ending feudalistic land ownership.
(g) To follow a policy of protecting and promoting national industries and resources.
(h) To pursue a policy of establishing the rights of all citizens to education, health, housing, employment and food sovereignty.
13
(i) To adopt a policy of providing economic and social security including lands to economically and socially backward classes including the landless, bonded labourers, tillers and shepherds.
(j) To adopt a policy of taking severe action and punish the individuals who earns unjust wealth through corruption by holding a office of profit.
(k) To formulate a common development concept for socio- economic transformation and justice, and for rapid economic progress and prosperity of the country.
(l) To follow a policy that increases investment for promoting industry, trade and export, and creates opportunity for employment and income generation, by ensuring the professional rights of labourers.
(m) To implement international treaties and agreements effectively, to which State is a party.
(n) To terminate all discriminatory laws.
(o) To use existing natural resources including water resources of the country for the interest of the nation.
(p) To make arrangements for appropriate relief, recognition and rehabilitation for the family of the deceased persons the disabled and helpless persons due to injury during the course of armed conflict.
(q) To provide relief to the families of the victims, on the basis of the report of the Investigation Commission constituted to investigate the cases of disappearances made during the course of the conflict.
(r) To conduct special programs to rehabilitate the displaced, to provide relief for damaged private and public property, and to rebuild infrastructures destroyed during the course of the conflict.
(s) To constitute a high-level Truth and Reconciliation Commission to investigate the facts regarding grave violation of human rights and crimes against humanity committed during the course of conflict, and create an atmosphere of reconciliation in the society.
34. Directive Principles of the State: (1) It shall be the chief objective of the State to promote conditions of welfare on the basis of the principles of an open society, by establishing a just system in all aspect of national life, including social, economic and political life, while at the same time protecting the lives, property, equality and liberty of the people.
14
(2) It shall be the objective of the State to maintain conditions suitable to the enjoyment of the benefits of democracy through maximum participation of the people in the governance of the country by the means of self-governance tribal, linguistic cultural or regional and to promote general welfare by making provisions for the protection and promotion of human rights, by maintaining tranquility and order in the society.
(3) It shall be the political objective of the State to build a well- off and prosperous Nepal by institutionalizing democracy achieved as a result of the struggle of Nepali people and by creating an environment wherein its benefits could be enjoyed.
(4) The fundamental economic objective of the State shall be to transform the national economy into an independent and self-reliant system by preventing the available resources and means of the country from being concentrated within a limited section of society, by making arrangements for equitable distribution of economic gains based in social justice, by making such provisions as will prevent economic exploitation as well as economic disparity of any caste, sex, tribe, origin or individuals, and by giving preferential treatment and encouragement to national enterprises, both private and public.
(5) The social objective of the State shall be to establish and develop, on the foundation of justice and morality, a healthy social life, by eliminating all types of economic and social inequalities and by establishing harmony amongst the diverse castes, tribes, religions, languages, races, groups and communities.
(6) The state shall, in its international relations, shall be guided by the objective of enhancing the dignity of the nation in the international arena by maintaining the sovereignty, integrity and independence of the country.
35. State Policies: (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, transportation, housing, and employment of the people of all regions, by equitably distributing investment of economic resources for balanced development of the country.
(2) The State shall pursue a policy of economic development through the means of governmental, cooperatives and private sectors.
(3) The State shall, while maintaining the cultural diversity of the country, pursue a policy of strengthening the national unity by promoting healthy and cordial social relations, based on equality and
15
coexistence, amongst the various religions, cultures, castes, groups, communities, origins and linguistic groups, and by helping in the equal promotion of their languages, literatures, scripts, arts and cultures.
(4) The State shall, while mobilizing the natural resources and heritage of the country that might be useful and beneficial to the interest of the nation, pursue a policy of giving priority to the local people.
(5)The State shall make necessary arrangements to maintain clean environment. The State shall give priority to the protection of the environment, and also to the prevention to its further damage due to physical development activities by increasing the awareness of the general public about environmental cleanliness, and the State shall also make arrangements for the special protection of the environment and the rare wildlife. Provision shall be made for the protection of the forest, vegetation and biodiversity, its sustainable use and for equitable distribution of the benefit derived from it.
(6)The State shall, by encouraging peasants and by increasing productivity, create conditions for economic progress of the majority of the people who are dependent on agriculture, and by launching land reform program, develop the agricultural sector as an industry.
(7) The State shall pursue a policy of increasing the participation of the labour force, the major socio-economic force in the country, in the management of enterprises by providing employment to it, ensuring their right to work, and thus protecting its rights and interests.
(8) The State shall pursue a policy of encouraging maximum participation of women in national development by making special provisions for their education, health and employment.
(9) The state shall pursue a policy of making special provisions of social security for the protection and welfare of single women, orphans, children, helpless, the aged, disabled, incapacitated persons and the disguising tribes.
(10) The State shall pursue a policy which will help to promote the interest of the marginalized communities and the peasants and labourers living below poverty line, including economically and socially backward indigenous tribes, Madhesis, Dalits, by making reservation for a certain period of time with regard to education, health, housing, food sovereignty and employment.
(11) The State shall, with a view to bringing about prosperity in the country, pursue a policy of giving priority to the development of
16
science and technology, and shall also give due consideration to the development of local technology.
(12) The State shall, for the purpose of national development, pursue a policy of attracting foreign capital and technology, giving priority to the national investment.
(13) The State shall pursue the policy of creating conditions for the acceleration of the speed of rural development, keeping in view the welfare of the majority of the rural population.
(14) The State shall pursue a policy of making special provision based on positive discrimination to the minorities, landless, squatters, bonded labourers, disabled, backward communities and sections, and the victims of conflict, including women, Dalits, indigenous tribes, Madhesis and Muslims.
(15) The State shall pursue a policy of making provision of providing basic land to the liberated bonded labourers for settlement having determined their exact numbers.
(16) The State shall pursue a policy of making basic infrastructure to impart technical education, training and orientation for the development of a class of people dependent on labour including peasants and labourers, to seek their participation in the development process of the country.
(17) The State shall pursue a policy to make legal provision to provide allowance to the aged, incapacitated women and the unemployed.
(18) The State shall pursue a policy of modernizing the traditional knowledge, skills and practices existing in the country by identifying and protecting them.
(19)The State shall pursue a special policy to regulate the operation and management of public and non-governmental organizations established in the country.
(20) The State shall pursue a special policy to mobilize youth human resources for the development of the country.
(21) The state shall adopt the foreign policy of Nepal guided by the principles of the United Nations Charter, nonalignment, the Panchsheel, international laws and the norms of world peace.
(22) The State shall pursue a policy of making continuous efforts to institutionalize peace for Nepal through international
17
recognition, by promoting cooperative and good relations in the economic, social and other spheres on the basis of equality with neighbouring and all other countries of the world.
36. Questions not to be Raised in Courts: (1) No questions shall be raised in any court as to whether provisions contained in this Part are implemented or not.
(2) The State shall mobilize or cause to be mobilized the required resources for the implementation of the principles and policies contained in this Part.