Class 11 Constitutional Law

Secondary Education Curriculum
2076(CDC)
Constitutional Law

Working hrs: 160

1. Introduction

Constitution is the foundation for validity of laws in every modern democratic state. The study of constitutional law is considered pre-eminent for understanding the system of governance, which necessarily includes the philosophy, provisions and compliance of fundamental rights. As a matter of fact, the present course, is introduced primarily with a view to impart fundamental and basic knowledge on and of constitutional law so that the students may transform themselves into moderate human resource of law as well as to build a base for learning for the advanced levels.

This curriculum incorporates the history of constitution making, the structure of the constitution, various tiers of the Government and the reason behind the uniqueness of constitution. It also pays equal attention to the understanding of the limited government, separation of powers, some fundamental principles of constitutional law.

The curriculum has been offered as per the structure of National Curriculum Framework. It provides a comprehensive outline of level-wise competencies, grade-wise leaning outcomes and scope and sequence of contents, suggested practical/project activities, learning facilitation process and assessment strategies so as to enhance the learning on the subject systematic.

2. Competencies

At the end of this course, the students will have developed the following competencies:

1. Demonstrate an understanding of general principles and theories about state, government, fundamental rights, federalism, constitutional bodies, and constitution making procedures in the context of Nepal’s constitutional law.
2. Explain the general historical perspectives of the Constitution of Nepal as well as importance and functions of the government in relation to the Constitution of Nepal.
3. Distinguish between various types of constitutions.
4. Explain with the ideas on constitution making and amendment procedures prescribed by the Constitution of Nepal.
5. Discuss the existing federal structure and local government system in Nepal.
6. Be prepared to apply fundamental rights in the context of violation of fundamental and legal rights.

Scope and Sequence of Contents

1. Concept & Definition of Constitution ( 8 Working Hours)

1.1 Definition of constitution
1.2 History of constitutional development
1.3 Importance, features and elements of constitution
1.4 Concept of constitutionalism and limited government
1.5 Constitutional development in Nepal

2. Constitution Making Process ( 12 Working Hours)

2.1 Meaning and concept of constitution making
2.2 Constitution making by commission
2.3 Constitution making by experts
2.4 Constitution making by Constituent Assembly
2.5 Constitution making by referendum

3. Types of Constitution ( 6 Working Hours)

3.1 Written and unwritten constitution
3.2 Federal and unitary constitution
3.3 Rigid and flexible constitution
3.4 Evolutionary and enacted constitution

4. Fundamental Rights, Duties and Directive Principles and Policies of state ( 20 Working Hours)

4.1 Concept and definition of fundamental rights
4.2 Different types of fundamental rights guaranteed by the Constitution of Nepal
4.3 Fundamental duties of citizens
4.4 Emergency and derogation of fundamental rights
4.5 Remedies in the violation of fundamental rights
4.6 Concept and definition of directive principles and policies of state

5. Power Distribution Structure of Nepal ( 20 Working Hours)

5.1 Concept of state and government
5.2 Organs of Government: Legislative, executive and judicial
5.3 Concept of unitary and federal structure of State
5.4 Doctrine of separation of power and check and balance
5.5 Power distribution between federal government, state government and local government: federal power list, state power list, local government power list, concurrent power list, and residual power.

6. Structure of Federal Government under the Constitution of Nepal ( 22 Working Hours)

6.1 President and Vice-president of Nepal: election, tenure, functions, powers and duties
6.2 Federal council of ministers: composition & structure, power & functions and election and appointment of prime minister and ministers.
6.3 Federal parliament: composition and election of the house of representative and national assembly
6.4 Functions, powers and duties of federal parliament: enactment of acts, ratification of treaties, approval of the appointments and adoption of annual budget
6.5 Dissolution of house of representatives
6.6 Judiciary: jurisdiction (functions, powers and duties) of the courts, tribunals and quasi-judicial bodies
6.7 Appointments, impeachment or removal of judges

7. Structure of State Government under Constitution of Nepal ( 8 Working Hours)

7.1 Structure and composition of the state government: state council of ministers and state assembly
7.2 Functions, powers and duties of state assembly: enactment of acts and adoption of annual budget
7.3 Election of state assembly

8. Structure of Local Level Government under Constitution of Nepal ( 8 Working Hours)

8.1 Composition, election, function, powers and duties of the local level government: local executives and local assembly (district, municipal and village assembly)
8.2 Judicial committee

9.Security Agencies of Nepal under Constitution of Nepal ( 8 Working Hours)

9.1 National security council
9.2 Composition, power, functions and responsibilities of Nepal Army, Nepal Police, Armed Police Force and National Investigation Department.

10. Commissions and Constitutional Bodies ( 8 Working Hours)

10.1 General Introduction to Constitutional Bodies such as Commission on Investigation of Abuse of Authority, Auditor General, Election Commission, Public Service Commission, Attorney General and other Constitutional bodies/Commissions.