Chapter 13: Constitution.
Chapter 13: The Constitution
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1860, Kathmandu
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Ranajor Singh Thapa, the son of Mathabir Singh Thapa, 3rd Mukhtiyar of Nepal was currently trying hard not to bang his head against the wall as he tried to explain to the cabinet, his cabinet, mind you, why a constitution would be best for the nation.
Ranajor Singh Thapa, 3rd Mukhtiyar of Nepal.
“Look at the world around you!” Ranajor cried out to the Financial Secretary, Dhanendra Bikram Shah. “Having a constitution has become the basis for the rule of law in all of the nation states who have a liking towards remaining nation states and not devolving into petty warring factions!”
“Perhaps, however any sort of constitution would still bind the powers of His Majesty the king, this is something we cannot allow can we? It is in the name of the gods that He rules over us, and any sort of bondage would not be something that would go over well with anyone.” Dhanendra replied as he tapped the table in irritation as the rest of the cabinet members sighed.
“Has it gone outside of your mental capacity that you forget that the King himself has agreed for the constitution?” Ranajor mumbled angrily.
“No I do know that the King has given his blessings for any sort of constitution or written laws, I do know that.” Dhanendra sighed as he ribbed his eyebrows. “However I fear that the reactionaries in the peasantry may perhaps rebel, or perhaps the nobility?”
“You forget I come from Nobility. You come from the cadet lines of the royal family Dhanendra, and I can only assume that you do not know the inner workings of the nobility after being detached to it for so long.” Ranajor grumbled. “The fact is that the nobility has been stripped of almost all of their influence in the common citizens of the state barring the decisions they can make in the Bharadari Sabha. This will be off no consequence to them, and neither can they do much to oppose considering I have the royal seal of approval with me.”
“They could try to stage a rebellion and install the Crown Prince Surendra on the throne, he is not known to be the best of mind.” Dhanendra pointed out.
“They could try, but we no longer live in a feudal society. They command no troops. Mercenaries would be culled down easily.” Ranajor answered coldly.
“*Sigh* Fine.” Dhanendra nodded as he signed the royal decree in front of him and Ranajor triumphantly picked it up unable to keep his smile away from his face.
“This my friends will be the beginning of a new era for Nepal!” He proclaimed enthusiastically as he folded the royal decree into the folder he was holding gingerly.
“Now we must discuss what we must include in the constitution eh?”
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Excerpts from the Rajendra Constitution, promulgated on September 17th, 1860 in Kathmandu, the Kingdom of Nepal.
The Constitution of Nepal.
Preamble:-
Having, by the glory of our ancestors, ascended the throne of a lineal succession which has been unbroken in its spirit throughout the ages eternal; desiring to promote the welfare of, and to give development to the moral and intellectual faculties of our beloved subjects, the very same that has been favored with the benevolent care and affectionate vigilance of Our Ancestors, and hoping to maintain the prosperity of the state in concert with our people and their support, we hereby Promulgate, in pursuance of our Royal Rescript of the 11th of May, a fundamental law of the state, to exhibit the principles by which we are guided by our conduct and to point out to what our descendants and our subjects and their descendants are forever to conform.
The rights of the sovereignty of the state that we have inherited from our ancestors, and we shall bequeath them to our descendants. Neither we nor they in the future shall fail to wield them, with the provisions of the Constitution hereby granted.
We now declare to protect and respect the security and the rights of the property of our people, and to secure them the complete enjoyment of the same, within the extent of our provisions of the present constitutions and the law.
Chapter I: The King
Article I: The Kingdom of Nepal shall forever be reigned over and governed over by a line of Kings unbroken through time in its spirits and resolute will.
Article II: The King is sacred and unviolable.
Article III: The King is the head of the state, combining in himself, the rights of the sovereignty, and exercises them, according to the provisions of the constitution.
Article IV: the King exercises the legislative power with the consent of the Royal Diet.
Article V: the King convokes the Royal Diet, opens it, closes it, prorogues it, and dissolves the House of Representatives.
Article VI: In times of great upheaval and emergency, the King’s Royal Ordnances are the rule of the law and the day.
Article VII: The King confers royal titles, titles of nobility orders, and other marks of honor.
Article VIII: the King declares war, makes peace, and concludes treaties.
Article IX: The King has supreme command of the Army and the military.
Chapter II: Rights and Duties of the Citizens
Article XX: Nepalese subjects are amenable to service in the Army, in accordance with the provision of law.
Article XXI: Nepalese subjects shall, within the limits of the law, enjoy liberty of speech, freedom, writing, publication, public meetings and associations.
Chapter III: The Royal Diet
Article XXXIII: The Royal Diet shall consist of two houses, a House of Peers and House of Representatives.
Article XXXIV: The House of Peers, shall in accordance with the ordinance concerning the peers, shall be composed of the members of the Royal Family and the Nobility of the state and the people who have been appointed by the King.
Article XXXV: The House of Representatives shall be composed of members elected by the people, according to the provisions of the Law of Election.
Article XXXVI: The Royal Diet shall be convoked every year.
Article XXXVII: Any bill, rejected by both houses, shall not be brought forward for discussion or voting in the same session.
Article XLIX: Both houses may receive petitions from the subjects of the Kingdom.
Chapter IV: Ministers of State
Article LVI: The respective Ministers of the state shall give their advice to the King and shall be responsible for it.
Chapter V: Finances
Article LX: The imposition of a new tax or the modification of the rates (of an existing one) shall be determined by law.
Article LXI: However, all such administrative fees or other revenue having the nature of compensation shall not fall within the category of the above clause.
Article LXII: The raising of national loans and the contracting of other liabilities to the charge of the National Treasury, except those that are provided in the Budget, shall require the consent of the Royal Diet.
Article LXIII: The Budget shall be first laid before the House of Representatives.
Article LXIV: In order to supply deficiencies, which are unavoidable, in the Budget, and to meet requirements unprovided for in the same, a Reserve Fund shall be provided in the Budget.
Article LXV: The final account of the expenditures and revenues of the State shall be verified and confirmed by the Board of Audit, and it shall be submitted by the Government to the Royal Diet, together with the report of verification of the said board.
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