Fundamental Rights under the Constitution of Nepal, 2072
Exam Snapshot
Fundamental Rights (Part 3, Arts. 16-46) are high-yield. MCQs focus on the 31 rights, the Right to Constitutional Remedy (Art. 46), and writ jurisdictions of courts.
Core Concept
- Justiciable: These rights are enforceable by courts.
- Not Absolute: Most rights are subject to 'reasonable restrictions' (e.g., public health, national security).
- Constitutional Remedy: The guarantee that rights can be enforced via writ petitions.
Nepal Law Anchors
- Part 3 (Arts. 16-46): Lists the 31 Fundamental Rights.
- Art. 46: Right to Constitutional Remedy (guarantees enforceability).
- Art. 133(2): SC writ jurisdiction.
- Art. 144(2): High Court writ jurisdiction.
Confusable Terms
| Term | Justiciable? |
|---|---|
| Fundamental Rights | Yes (Part 3). |
| Directive Principles | No (Part 4). |
MCQ Traps
- Enforceability: Directive Principles (Part 4) are not directly enforceable like Fundamental Rights.
- Absolute Rights: Rights are rarely absolute; look for Constitutional 'restrictions'.
- Writ Jurisdiction: Remember both SC (Art 133) and High Courts (Art 144) hold writ power.
Example
A law restricts public assembly during a pandemic for health reasons. This limits the Right to Freedom (Art. 17) but is a valid restriction for 'public health'.
Memory Hook
Fundamental Rights = “Personal Shield” (You can go to court if violated). Directive Principles = “State's Goal List” (Not enforceable in court).
Quick Revision
- Part 3: 31 Rights.
- Art. 46: Remedy.
- Writ Power: SC and High Court.
- Restrictions: Rights are not absolute.