Rights of Dalits (Article 40) and Social Justice (Article 42)

Exam Snapshot

Article 40 provides specific fundamental rights to Dalits, including protection against untouchability and state-guaranteed socio-economic support (education, health, housing). Article 42 establishes the broader right to social justice, ensuring that socially backward women, Dalits, indigenous peoples, and other marginalized groups have the right to participate in state mechanisms on the basis of proportional inclusion.

Core Concept

Nepal Law Anchors

Confusable Terms

Term Scope Focus
Article 40 Dalit-specific Targeted socio-economic protections (Education, Health, Land).
Article 42 Broad-based Proportional inclusion in state mechanisms for all marginalized groups.

MCQ Traps

Example

A Dalit student applying for a government scholarship for higher studies relies on the protection of Article 40(2) (Right to education with scholarships). Conversely, a member of a marginalized ethnic group claiming a quota seat in the federal parliament relies on the principle of Article 42 (Right to social justice/proportional inclusion).

Memory Hook

Quick Revision