A Glossary of Constitutional Terms English Nepali

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A Glossary of

Constitutional Terms
English | Nepali

| autonomy | federalism | directives


| devolution | allegiance | equitable |
first-past-the-post system | ex officio
| proclamation | ultra-vires | contempt
of court | force majeure |

| Ps;bgfTds | ;ª\3Lo | ;fj{ef}d |


ldl>t lgjf{rg | cg';"rL | Gofokflnsf |
ljw]os | gh/aGb | c;+nUg | nf]stGq |
ljz]ifflwsf/ |
A Glossary of
Constitutional Terms
A Glossary of
Constitutional Terms

Lead Authors:
Jill Cottrell (English) &
Surya Dhungel (Nepali)

Special Task Force:


Kedar Bhattarai
K.B. Maharjan
Pramilla Gurung
Sristi Vaidya
Ram P. Humagai
A Glossary of Constitutional Terms
© International Institute for Democracy and Electoral Assistance 2007

This is an International IDEA publication. International IDEA publications are independent of specific
national or political interests. Views expressed in this publication do not necessarily represent the views of
International IDEA, its Board or its Council members.

Applications for permission to reproduce or translate all or any part of this publication should be made to:
International IDEA
SE 103 34 Stockholm
Sweden

International IDEA encourages dissemination of its work and will promptly respond to requests for
permission to reproduce or translate its publications.

Design and Printed by : FinePrint, Kathmandu, Nepal

ISBN: 978-91-85724-20-8
Preface

New Approaches to Constitution Drafting


Nepal is at a critical juncture and is poised to debate about and draft
a new constitution through a constituent assembly and to strengthen
the nation's commitment to the rule of law. While debating and
constitution making amount to political action, drafting a constitution
and its supporting laws are more technical processes, which are no less
important. So care must be taken while drafting a new constitution.

Constitutions are legal texts and must be written in a style that is


objective, clear and precise. To reflect the intentions of the law makers,
drafters of constitutions and other laws must understand the full
meaning of legal terms and the implications that the words used will
have and then use the clearest words and formulations consistently. As
legal texts are reference documents and normative guides, the words
and formulations used in legal texts must be chosen with care, knowing
that they will be subject to review and interpretation over time. Today
the drafting of a constitution and supporting laws calls for a special
style of writing that can be understood by ordinary people and not
only by select groups of judges and lawyers.

Many legal terms, initially developed through Latin-based languages,


literally get lost or mangled in translations, or are defined by varied users
in differing contexts, creating ambiguity and confusion. International
IDEA seeks to support the constitutional process in Nepal through
the development of this glossary of constitutional and legal terms. The
purposes of this glossary are threefold: to establish Nepali equivalents
of English constitutional terms, to standardize Nepali terminologies
and to contribute to the development of plain language drafting of
legal and constitutional texts at this critical juncture.

This glossary is the product of the wonderful teamwork undertaken


by Nepali translators and constitutional experts. A number of
constitution-related words have emerged during the last couple of years
in the Nepali political discourse. The team debated and deliberated
on these words, their proper application and recorded them in this
glossary with a view to standardizing them and ensuring consistency
of practice and understanding. Besides the glossary, another important
consequence of this exercise in translation was the creation of a
network of translators working on the same topics and themes.
The Glossary of Constitutional Terms is a part of International IDEA's
project, 'Supporting Constitution Building in Nepal', which is funded by
the Royal Embassy of Norway and the British government.

We hope this Glossary will be useful to Nepali drafters, lawyers, translators


and those interested in the constitution and in its writing.

Vidar Helgesen
Secretary General
August 2007
Acknowledgements

The International Institute for Democracy and Electoral Assistance


(International IDEA) is grateful to Yash Ghai, the inspiration behind the
Glossary, for providing his expertise and for emphasizing the importance of
creating accurate and standardized translations of constitutional terms.

We are also grateful to Mohan Banjade, Secretary of the Nepal Law


Commission, for the advice he gave us in the course of developing this
Glossary.

Thanks are due to Ganesh Bhurtel, Manju Rana, Shiva Acharya, Usha
Titikshu, Guna Raj Luintel, Badri Bishal Bhattarai, Puskar Mathema,
Loknath Sangraula, Mukti Rijal, Sunil B. Pant, Khushee P. Tharu, Mitra
Pariyar, Dip Magar, Manoj Karki, Shaligram Subedi, Basanta Subba,
Bidhya Nath Bhurtel, Surendra Nepali, Hari Prasad Sitaula, Kedar Bhattari,
Pramilla Gurung, Sristi Vaidya, K.B. Maharjan and Ram P. Humagai. Their
contribution to the making of the Glossary has been invaluable.
Introduction

The Peculiarities of English Constitutional Language


Translators wrestling with the mysteries of English constitutional
language are unlikely to find their task much lightened by explanations
on why some of the peculiarities exist, but explanations like the
following might at least help them better understand the rationale
for the use of such language.
The Force of Tradition
There are a number of traditional approaches to drafting any legal
documents, especially laws, which continue to affect the form of
laws. Some of the most pervasive influences are the avoidance of
I
punctuation, the use of long sentences, the use of sexist language,
the use of conservative and cautious language, the use of precise
language, the use of archaic language and the use of Latinate
terms.

A Glossary of Constitutional Terms


Avoidance of Punctuation
Drafters of legal texts often avoid relying on punctuation to get their
message across, and this practice sometimes extends to avoiding
virtually all punctuation except the full stop. One reason for this was
that earlier, there were no specific rules of grammar, spelling and
punctuation. The other reason was that printers were unreliable, as
was their equipment in some cases. Even today, there are reasons
for not relying too heavily on punctuation to convey meaning.
First, even with rules about punctuation, modern standards of
punctuation are not good and are, perhaps, getting worse, thanks to
a general lack of rigour in thinking. Second, if someone has to get
their meaning across without relying on punctuation they will have
to think, and think clearly, about what they want to say.
We find this propensity for drafting without the aid of punctuation
among legal experts even today. For example, the Arizona Legislative
Bill Drafting Manual, 2006 version1, says, 'A properly drafted bill
requires little punctuation.' Nowadays, legal writers prefer, instead,
the use of short sentences—not the long sentences without
punctuation, so often found in the past.
The Use of Long Sentences
Another custom is to have only one sentence in a section, clause or
subsection. The custom of using long sentences was prevalent in
II
countries that opted for 'common law' (the system which originated
in England and came to Nepal partly through India) but not in
countries like France, which follow the 'civil law' tradition. Today,
however, even in countries that follow the legislative tradition of
the Common Law, this custom is breaking down.
A Glossary of Constitutional Terms
Although enormously long sentences are hard to understand, even
if properly punctuated, it is not always possible to use very short
sentences. In order to aid comprehension, constitutions have started
using sections or articles with many levels of subdivision. Here is
an example (from the Constitution of Papua New Guinea):
2. If—
a. there is a vacancy in the office of Governor-General; or
b. the Governor-General is suspended from office; or
c. the Governor-General is—
i. on leave of absence; or
ii. absent from the country; or
iii. out of speedy and effective communication; or
iv. otherwise unable to perform, or is not readily available
to perform, the duties of his office,
the Speaker is, subject to Subsection (3), the Acting Governor-
General.
This is the work of a great drafter, Jo Lynch. Although the sentence
is long, and may put off the ordinary reader, the text is very clear,
These days, drafters might even go so far as to invert the entire
article so that the point of the thing is clear at the beginning of the
article:
III
(1) In the circumstances listed in clause (2) the Speaker
acts as Governor-General
(2) The circumstances referred to in clause (1) are…

A Glossary of Constitutional Terms


The Use of Sexist Language
Another aspect of legal writing, influenced by the drafting tradition,
might lead readers to wonder whether the law has anything to say
about women. In most legal documents, one finds only 'man', 'he',
'him' and 'his.' The reason for this preponderance of male-centric
words is probably that (apart from the fact that all laws were made
by men) women had effectively no legal rights when early laws
were drafted, and they had fewer opportunities to benefit from, or
to infringe on, the law. Early laws dealt with protecting the king's
forests and game against poachers (probably men), with property
(owned by men) and so on. Sexism in the English language is a
much noticed phenomenon—even today, it is common to hear
people assume that a lawyer or a doctor will be a man, and one
routinely hears people say 'boys' when referring to a class of law
students, even if quite a lot of them are women!—so maybe legal
language is also one more manifestation of that inherent sexism
in the language. To remedy the situation in legal texts, drafters
eventually used the statutes themselves to clarify that 'man' includes
'woman' (giving rise to what would probably now be considered a
politically incorrect joke told to all incoming law students: 'man'
embraces 'woman').
Conservative and Cautious Language
Lawyers are rarely among the more radical members of society,
IV and drafters are probably among the more conservative of lawyers
(there are always exceptions, of course). So lawyers tend to err on
the side of caution—caution in terms of innovation and caution in
terms of trying to make sure that nothing is left out. We even have

A Glossary of Constitutional Terms


a phrase in Latin about being overcautious: 'ex abundanti cautela'
or 'out of an abundance of caution'—used when a court feels the
need to say that a word or phrase adds nothing (which goes against
a basic principle of statutory interpretation that meaning must be
given to each word or phrase).
But one should not assume too easily that the seeming verbosity in
legal texts is the result of drafters being too cautious. Look at this
(also from the Constitution of Papua New Guinea): 'the privileges,
powers, functions, duties and responsibilities of the Head of
State may be had, exercised and performed through a Governor-
General.' If one analyzes the import carried by the apparently
synonymous words used here—privilege, power, function, duty
and responsibility—one will realize that these words have different
shades of meaning; Lynch was acting out of caution, not out of an
excess of caution.
Archaism
Legal language can also seem odd to many readers because drafters
reuse old words. Archaic words live on in statutes. There are all
sorts of old-fashioned turns of phrase that survive in law, and in
laws, that one will not find anywhere else:
the said Council;
pursuant to an order;
gross misconduct; V
as soon as may be;
effluxion of time, etc.

A Glossary of Constitutional Terms


Another is the word 'deemed': for example, 'a person shall not be
deemed to hold an office of profit in the service of the republic by
reason only that he is a president' means that something is treated
for legal purposes as having a certain quality, even though this
may not in fact be the case; in this example it means that although
the president holds an office, and receives an income, he or she
is not to be treated as holding 'an office of profit' (which would
have certain constitutional consequences). A fictitious judge in the
book written in the1930s said, 'There is too much of this damned
deeming.' Unfortunately, this ridicule has had little effect.
Precision
Precision in drafting, which, as Yash Ghai has said, requires
consistency in translation, is extremely crucial. Among those words
that are very important are 'shall' and 'may.' 'Shall' is the correct
first person singular or plural of the verb 'to be', which implies
simple prediction ('Tomorrow I/we shall go to the market'). The
second or third person equivalent is 'will' (He will go to the market).
Laws speak only in the third person; if they say 'He shall…' it is
an instruction. 'The government shall' means 'The government
must' or a little less abruptly 'the government has an obligation to.'
'May' implies a choice or discretion. Unfortunately, because of the
imprecise use of words by some legal drafters, courts have been
compelled to decide in some cases that 'shall' means 'may' or 'may'
means 'shall' !
VI
Sometimes lawyers or non-lawyers become over-enthusiastic about
legal language. For example, in Johannesburg Airport (I think)
there is a sign that says if passengers break some rule 'they shall be

A Glossary of Constitutional Terms


prosecuted'! That suggests that the perpetrators have a duty to be
prosecuted. That sign should actually say, 'They will be prosecuted'.
The importance of words like 'shall' can also be illustrated by this
story about the Kenyan Constitution. The Kenyan Constituent
Assembly members, charged with drafting a new Constitution,
had the difference between 'shall' and 'may' drilled into them by
legal advisers but rejected 'must' as not being legal enough. Having
accepted that 'may' implies that someone has a choice, they would
not accept 'no person may' (which means that no one has any
option to; in other words, they must not) and insisted on 'no person
shall.'
What is a translator working on the new Nepali Constitution
to do about 'shall'? It is not for the translator to make decisions
about the legal meaning of something. There being no distinction
in Nepali similar to that between 'the government will' and 'the
government shall' in English, it would be best to use whatever has
become customary in Nepali legal language to reflect 'shall' when
that is found in English. 'May' should be translated by a word that
indicates a choice or discretion.
Other examples of slightly—but perhaps importantly—different
phrases are:
In consultation with;
After consultation with;
On the recommendation of; VII
With, and in accordance with, the advice, as in 'The head of
state shall act only with, and in accordance with, the advice
of the National Executive Council' (from the Papua New
Guinea Constitution again).
A Glossary of Constitutional Terms
Drafters usually stick with the older phrases and words like those
above because if a word in a statute has been interpreted by a court,
drafters and lawyers will assume that the word will be given the
same meaning by a later court, at least when dealing with a statute
on a similar topic. This practice of using old language tends to
perpetuate somewhat out of date English.
Latinism
English law is not much based on Roman law, but because of English
history rather a lot of Latin phrases (and occasionally mediaeval
French phrases) appear in law, though less often in statutes. Among
these are:
ad hoc (which means literally 'to that' and refers to a body or a rule
for a particular occasion, like an ad hoc committee set up for a
particular matter);
habeas corpus (which means 'may you have the body' and refers to a
specific legal procedure to investigate a suggestion that a person is
detained against the law);
nolle prosequi (which means 'do not prosecute' and is a special process
in some countries under which prosecutions for criminal cases are
stopped);
quo warranto (which means 'by what warrant or permission' and
VIII refers to a specific legal procedure in the Supreme Court brought
into Nepal from India, a procedure abolished in the mid-twentieth
century in England).

A Glossary of Constitutional Terms


Fortunately for translators, no new Latin phrases of this sort are very
likely to come into Nepali law, as no new Latin phrases are being
coined in English law and the use of Latin is being reduced. So, if
need be, they can refer to well-established existing translations.
However, translators should be aware that there are certain phrases
routinely used in English legal language with a technical depth of
meaning that is not overtly obvious, and they should thus translate
accordingly:
For example, 'The Supreme Court shall be a court of
record' should not be translated literally (it's meaningless
anyway). Nor should it be translated as 'the Supreme Court
should keep records.' This is a technical phrase and care
should be taken to find the most appropriate translation.
'If a senator becomes subject to any of the disabilities
mentioned in the last preceding section' does not mean if
the senator breaks a leg ! The disabilities are legal disabilities
(probably like being bankrupt or convicted of a criminal
offence).
Light at the End of the Tunnel?
Modern trends are, encouragingly, towards greater simplicity. There
is a movement for clear and straightforward use of English in
legal and public contexts. (See, for example, the website of Clarity
IX
and 'Fight the Fog' campaign—http://www.clarity-international.
net/—and that of the European Union Translators 'Fight the
Fog' campaign—http://ec.europa.eu/translation/writing/clear_
writing/fight_the_fog_en.pdf2.)

A Glossary of Constitutional Terms


Various courses in simple legal language are being offered and
drafting traditions are beginning to change. 'Must' (not 'shall') is
being used. Drafters avoid saying 'he' or even 'he or she' and use a
plural pronoun 'they' instead. Sentences are becoming shorter. See,
for example, the Constitution of South Africa:
1. The Republic of South Africa is one, sovereign,
democratic state founded on the following values:
Human dignity, the achievement of equality and the
advancement of human rights and freedoms.
Non-racialism and non-sexism.
Supremacy of the Constitution and the rule of law.
Universal adult suffrage, a national common voters' roll,
regular elections and a multiparty system of democratic
government, to ensure accountability, responsiveness
and openness.
3… (3) National legislation must provide for the
acquisition, loss and restoration of citizenship.
It even says 'women and men' when talking of office holders, rather
than 'persons' or 'citizens'; it certainly never uses 'he' to include
'she'!

X Of course, these developments are of little help to the translator,


who must either use the words/phrases traditionally used to
translate particular usages or must choose words whose meanings
are as close as possible to that of the original. Translators should not

A Glossary of Constitutional Terms


be tempted to use 'differently-abled' if the original says 'disabled' or
'he and she' if the original says 'he,' or even 'women and men' if the
original says 'men and women.' And care must be taken to translate
the same word or phrase in the same way every time; especially if
it is already used in the same document. It may be poor literary
style to repeat oneself, but in law it is a virtue to use the same word
if one means the same thing (and a different word if one means
something different!).
In conclusion, this article does not claim to have even begun to find
all the words that one needs to translate from English to Nepali (or
vice versa). Explanations for other phrases in English can be found
on the net at sites like the Lawyers.com website http://reseach.
lawyers. com/glossary/. The findings should be used with care,
though. This is an American site, and the same word may have
different meanings in English and American law.

Jill Cottrell

1
Available on the Internet at http://www.azleg.state.az.us/alisPDFs/council/ XI
bdmwog2006.pdf
2
I particularly liked p. 11 of this document, which suggests alternatives to various
Anglo/French words that Eurocrats and other people in love with the EU seem
unable to avoid.

A Glossary of Constitutional Terms


Constitutional Terms

*Signifies that the word or phrase occurs in the official translation of the Nepali
Constitution, 1990; n. = noun; conj. = conjunction; adj. = adjective; adv. = adverb;
vi. = intransitive verb; vt. = transitive verb; L = Latin; C = Constitution.
An underlined word or phrase indicates a synonym or something close to a
synonym.
Prepositions in square brackets must accompany the English word.
A word or phrase in round brackets in column 2 is an explanation or further
explanation.
A word or phrase in quotation marks indicates a concrete illustration of usage.

English Example/explanation g]kfnL


1
1. abolish vt. Do away with (usually in a legal sense, pGd"ng
one would abolish an institution, not a
building or a law)

A Glossary of Constitutional Terms


2. abrogate vt. Bring to an end (usually a law) vf/]h ug'{ -jf /2
A
ug'{, k|foM sfg'gL
cy{df_
3. acquisition n. Getting possession or ownership of k|flKt
something (e.g. citizenship or property
or a skill, etc.)
4. accede [to] vt. Agree to (a request); become party to ;lDdng ug'{
a treaty -;lGw cg'df]bgsf]
;Gbe{df_
5. accession [to]* n. The act of becoming party to ;lDDfng
6. [in] accordance 'In accordance with' (law or view, etc.) s'g} lrhåf/f
[with] n. means in compliance with clwsf/ ;DkGg ug'{
-cg'?k_
7. according [to] In C, used like 'in accordance with'; cg';f/
in other contexts it can mean 'it or he
states…'
8. accordingly adv. 'The text has been amended To;/L g}, adf]lhd
accordingly' means because of and in
accordance with
9. accountability n. A requirement to offer explanation hjfkmb]xL
2 for an action; responsibility for one's
action (implies there is someone to
whom one is responsible)

A Glossary of Constitutional Terms


10. accountable [to] A slightly imprecise word implying hjfkmb]xL
A
adj. that a person/body must report to, -JolQmut_,
and may even be penalized by another pQ/bfoL -;+:yfut_
person/body: 'Members of the
Cabinet are accountable to Parliament'
11. accuse vt. To state that a person has done cf/f]k nufpg'
(accusation n.) something wrong or unlawful (not a -lqm=_,
technical or legal word) bf]iff/f]k0f -gf=_

12. achievement n. Something achieved; the process of pknlAw


achievement
13. Act n. Statutes (used in the UK and many P]g
other countries 'Citizenship Act', etc.)
and also 'an Act'
14. Act of God n. A natural and unavoidable event that eljtJo
phrase is beyond human control
15. ad hoc* L For particular purpose only: 'an ad c:yfoL -;+ljwfgsf]
hoc committee' k|of]u_, tby{
-;fdfGo cy{df_
16. administration n. In the abstract sense, the process of k|zf;g
running a system; an organization;
a structure for running something: 3
'administration of justice'; 'national
and provincial state administrations';
'experience of administration'

A Glossary of Constitutional Terms


17. administration, Either sense of 'administration' used hgk|zf;g
A
public n. in relation to running public affairs
and institutions
18. administrator n. A person involved in administration; k|zf;s
a specific office title; in a narrow
legal sense (less likely in C), a person
dealing with the property of a person
who died without leaving a will
19. admission n. The act of agreeing that one has :jLsf/f]lQm
done something (usually something
not good); (more likely in C) allowing
evidence to be used in a case

20. admonish vt. Warn (often used in the sense gl;xt


of warning a person about their
behaviour)
21. adopt vt. 'Adopt a child' means to legally u|x0f -wd{k'q÷k'qL
become a parent of the child; 'adopt u|x0f ug]{
policy, etc.' means agree to and act in cy{df_, :jLsf/
accordance with -gLlt÷sfo{qmd
sfof{Gjogsf nflu_
22. adoptive adj. 'Adoptive parent ' (contrast with wd{dftf÷lktf
4 'adopted child')

23. adult n. and adj. Grown up Afflnu

A Glossary of Constitutional Terms


24. advance vi. and vt. Make progress, move forward or k]ZsL, k|ult -gf=_,
A
cause to move forward: 'advance the k]ZsL lbg' -jf cufl8
interests of…' a9\g_' -lqm=_
25. advancement n. Improvement, progress, promotion ;d'Gglt
in life or causing to move forward:
'advancement of the interests of
marginalized communities'
26. adversely adv. Unfavourably or negatively: 'adversely k|lts"n¿kn] -jf
affected by…' gsf/fTds¿kn]_
27. advice n. An opinion offered in relation to what ;Nnfx
another person ought to do
28. advise vt. To give or offer advice ;Nnfx lbg'
29. advocacy n. Providing support for a cause; jsfnt
the profession or work of an advocate
(lawyer)
30. advocate vt. and n. (v.) A person speaking or advocating in s'g} ljifoj:t'
favour of a cause; (n.) a lawyer qualified jf d'2fsf kIfw/,
to plead cases before higher courts clwjQmf
31. affairs n. Business of any kind (commercial, dfldnf
professional or governmental): 'local
government affairs'; 'foreign affairs'
5
32. affirmation n. Asserting something strongly; (more clek'li6
likely in C) the equivalent of an oath
but involving no religious element

A Glossary of Constitutional Terms


33. agency n. An entity or organization providing lgsfo -jf ;+:yf_
A
specified service or having certain
responsibilities: 'government agency';
(less likely in C) used as an abstract
noun: 'through the agency of'
34. agent n. A technical, legal word for a person clestf{
acting on behalf of another; non-
technical sense: 'agent of a foreign
power'; used of a thing or abstraction:
'agent of change'
35. aggregation n. The act of gathering together (e.g. ;di6Ls/0f
the act of states gathering to make a
federation)
36. allegation n. Statement that someone has done cf/f]k
something (usually a wrongful act)
37. allege vt. To make an allegation cf/f]k nufpg'
38. allegedly adv. Refers to the person or the act: 'X cf/f]k0f
allegedly committed an offence'
39. allegiance n. The loyalty that citizens owe to cf:yf
their country (or subjects to their
sovereign)
6 40. allow vt. Permit cg'dlt lbg'
41. allowance n. A sum paid (usually to cover kfl/>lds -jf eQf_
expenses)

A Glossary of Constitutional Terms


42. alter vt. Make changes; modify abNg' A

43. amend vt. To change (a legal document, ;+zf]wg ug'{


including a constitution)
44. amendment* n. Change or addition to a document ;+zf]wg
or legal provisions: 'constitutional
amendment'

45. amenities n. Things or facilities that add to physical ;'v;'ljwfsf ;fwg


or material comfort

46. amnesty n. An official act of forgiving convicts or cfddfkmL


suspects (used when forgiving a group
rather than an individual)
47. ancestral adj. Relating to ancestors (family forbears): k}t[s
'ancestral home'
48. annexure n. An extra part of a document (added cg';"rL
after the main part)

49. apparent adj. Clear or obvious (a secondary :ki6tM


meaning suggests superficial
appearance; something that may not
be real). 'Heir apparent' means the
obvious heir (to the throne) 7

50. apparently adv. Unmistakably; plainly :ki6¿kn]

A Glossary of Constitutional Terms


51. appeal n. and vi. (n.) A call for help; (more likely) move k'g/fj]bg -gf=_,
A
to reverse a court's decision; (vi.) k'g/fj]bg ug'{
'appeal' [to] could mean to seek help -lqm=_
or to take a case to a higher court

52. appellate adj. Pertaining to appeal (in a high level k'g/fj]bg -dflyNnf]
court) cbfntsf] ;Gbe{df_
53. Appellate Court* In Nepal, the court between District k'g/fj]bg cbfnt
n. phrase Courts and the Supreme Court.
Elsewhere, and with no initial capitals,
it would mean simply a court which
hears appeal cases

54. applicable adj. Capable of being applied; relevant to k|of]u ug{ ;lsg]
55. applicant n. Those who have applied (for certain lgj]bs
posts); (more likely in C) those who -jf cfj]bs_
apply for a legal remedy in the court

56. application n. Action of applying (usually in the lgj]bg


court for a remedy) -jf cfj]bgkq_
57. appoint vt. To designate a person to carry out a lgo'Qm ug'{
task or hold a position -jf ;do÷:yfg
lgwf{/0f ug'{_
8
58. appointed adj. Designated for a task or post; lgo'Qm
'appointed day' means day fixed for a -jf :yfg÷;do
purpose lgwf{l/t_

A Glossary of Constitutional Terms


59. appointment n. An act of nominating or appointing lgo'lQm -jf ;do
A
for a post, etc. jf :yfgsf] lgwf{/0f
ug]{ sfd_
60. appropriate vt. To allocate money or goods to a ljlgof]hg ug'{
purpose or to take for one's own use -ah]6 afF8kmfF8sf]
(suggesting improperly) (unlikely) ;Gbe{df_
61. appropriation n. (Most likely) the act of allocating ljlgof]hg
public money to a purpose

62. Appropriation An Act that allocates public money ljlgof]hg P]g


Act* n. phrase (as part of the annual government
budgeting process)

63. approval n. The act of approving cg'df]bg


-jf :jLs[lt_
64. approve vt. To permit or endorse authoritatively: cg'df]bg ug'{
'approve an appointment' -jf :jLs[t ug'{_

65. arbitrary adj. At one's own will or pleasure; with no :j]R5frf/L


good reason

66. arrest n. and vt. (n.) Restraint on a person's liberty (by lu/k\mtf/L -gf=_,
the police or a person with authority kqmg' -lqm=_ 9
or even a private citizen, usually for
a crime or suspected crime). Literal
meaning is 'stop'

A Glossary of Constitutional Terms


67. article n. The main element of a constitution wf/f -;+ljwfgsf]_
A
(equivalent to a section in an ordinary
statute. See appendix)
68. ascend vi. 'Ascend to the throne' means become u2L cf/f]x0f
the monarch

69. assent* vi. and n. To agree; (n) the expression of :jLs[lt -gf=_,
agreement; in C, often used in the :jLs[lt k|bfg ug'{
sense of approval of legislation by the -lqm=_
head of state

70. association n. An organization (usually non- ;+:yf


governmental) or being associated
with

71. attainment n. Achievement (referring either to k|flKt


achievement of a goal or generally -jf jo:stfdf
to abilities); 'attainment of majority' k|j]z_
become an adult (Note: in this usage,
achievement would not be a synonym,
as achievement suggests one's own
efforts)

72. attend adj. To present oneself; to be there: pkl:yt x'g'


'attend Parliament' -jf ;xefuL x'g'_
10
73. attendance n. The act of attending pkl:ylt -jf
;xeflutf_

A Glossary of Constitutional Terms


74. Attorney-General* The chief legal adviser of the state dxfGofoflwjQmf
A
n. phrase

75. Attorney n. A practising lawyer; a legal sfg'g Joj;foL -jf


professional of a particular type jlsn_

76. audit* n. and vt. (n) The act of examining, etc.; (vt.) to n]vfk/LIf0f -gf=_,
examine and verify accounts n]vfk/LIf0f ug'{
-lqm=_
77. audited vt. Accounts officially examined n]vfk/LIf0f ePsf]
78. Auditor-General* The chief auditing authority of a state dxfn]vf k/LIfs
n. phrase

79. autonomous A region having certain independent :jfoQ If]q


region n. phrase governing powers
80. autonomy n. A situation of having certain :jfoQtf
independent powers (in the case of a
government or region)

81. authenticated* vt. Officially validated (of document) cflwsfl/s -jf


k|dfl0fs_
82. authorize vt. To permit or to give the right to take clwsf/ k|bfg ug'{
action 11

83. authorities n. Officials or bodies with official powers clwsf/Lx¿

A Glossary of Constitutional Terms


84. authority n. A person with official power; clwsf/
B
legally obtained power to act;
(unlikely in C) person with influence,
especially by virtue of knowledge: 'he
is an authority on constitutional law'
85. bad faith* n. Opposite of good faith; not honest ablgot
(used in reference to specific
transaction): 'acted in bad faith'
86. ballot n. Electoral procedure of secret voting; dtbfg
the actual vote
87. ballot paper n. A formal paper prepared for dtkq
phrase exercising voting rights
88. behalf [of] n. In place of… (as representative of …) tkm{af6
89. beneficial adj. Advantageous; having a useful effect; nfebfoL
'beneficial ownership' (technical, legal
term) means ownership
90. benefit n. Advantage: 'benefits of office'; nfe
'benefits of citizenship'

91. bicameral adj. Consisting of two chambers (referring b'O{;bgfTds


to the legislature)
92. Bill* n. Draft law presented to the legislature ljw]os
12
for enactment
93. binding* adj. Placing a legal obligation on afWosf/L -;fdfGo
cy{df_

A Glossary of Constitutional Terms


94. board n. A group of people controlling a ;ldlt -;~rfns
company or organization ;ldlt_ B

95. bodies n. Legal or constitutional entities created lgsfo -jf


for a specified purpose cfof]u÷;ldlt_
96. boundaries n. Dividing lines; lines that mark l;dfgf
the limits (in C, usually relates to
boundaries of a country, state,
election district, etc.)
97. breach vt. Breaking an understanding, agreement eª\u ug'{
or law
98. breach of Breaking of special protection (for ljz]ifflwsf/ xgg
privilege* n. phrase parliamentarians or others)

99. budgetary adj. Pertaining to income and expenditure ah]6;DaGwL


100. budgeting vt. Providing money for a purpose lgwf{l/t sfdsf
nflu /sd jf ah]6
5'6\ofpg'
101. budget n. Plans and estimates of income and ah]6 -;/sf/sf]
expenditure cfoJoosf] cg'dfg_
102. by-law n. Rule made by a local body or council ljlgod
(or possibly a public corporation)
under authority of a statute 13

103. cabinet n. Used in some countries to mean dlGqkl/ifb\ -jf


'Council of Ministers' dlGqd08n_

A Glossary of Constitutional Terms


104. calling n. A strong urge to a particular k]zf -jf Joj;fo_
profession. Often used simply to
C mean occupation. In the South
African Constitution, used in the oath:
'high calling of President…'
(Present participle of 'call' and can be
used simply: 'calling an election')
105. campaign n. A series of planned activities (often cleofg
for winning support in elections)
106. candidate n. A person offering themselves for a pDd]bjf/
position by election/appointment

107. capital punishment The punishment of killing a guilty d[To'b08


n. phrase person; death penalty
108. casting vote* vt. Decisive vote cast by a chairperson lg0ff{os dt
(used in case of a tie)
109. castes n. Social divisions of a rigid kind (in hft
C would refer to the Hindu varna
system)

110. censored* vt. Critically examined (with the k|ltalGwt


implication that something, speech or -k"j{k|ltaGwsf]
writing, etc. has not been permitted) ;Gbe{df ;+ljwfgsf]
14
k|of]u_
111. censorship n. The act of censoring k|ltaGw

A Glossary of Constitutional Terms


112. censure vt. and n. Reprimand bf]if nufpg'
-jf lgGbf ug'{_
C
113. Chairman* n. A person heading (chairing) a cWoIf -jf ;efklt_
committee or body; but now
considered sexist and thus usually
avoided
114. Chairperson n. A person (man or woman) chairing a ;efgfos
function or body -jf cWoIf_
115. chapter n. Division of a book or constitution cWofo
(see appendix)
116. charge vt. An allegation of unacceptable cleof]u -jf cf/f]k_
conduct; allegation of (technical, legal
term) commission of crime
117. Chief Justice* n. The head of the judiciary k|wfg GofofwLz
phrase
118. Chief Secretary* n. The chief of the executive secretaries d'Vo ;lrj
phrase or government secretariat
119. citizen* n. A person possessing citizenship/ gful/s
nationality
120. citizenship n. Nationality; the state of being a gful/stf
citizen 15

121. civil adj. (In relation to law) not criminal; gful/s -jf
relating to civilian lghfdtL_

A Glossary of Constitutional Terms


122. civilian n. A person not serving in the armed or u}/;}lgs
police forces -jf ;j{;fwf/0f_
C
123. civil society n. Members of a community organized gful/s ;dfh
for non-official purposes, into clubs,
societies and less formal groups

124. coat-of-arms n. Symbols of the state, families, etc.; lgzfgf 5fk


phrase design depicted on a shield

125. coexistence n. Existing peacefully together ;xcl:tTj


126. collective n. and (n.) Organization for work, etc. based ;fd"lxs
adj. on common ownership by the workers;
(adj.) of all ( e.g. 'collective will')
127. collective bargaining Negotiation between employer and ;fd"lxs ;f}bfafhL
n. phrase trade union

128. come [into force]* Become legally effective (used of law nfu' x'g] jf sfof{Gjog
vi. or C) x'g] ;do jf ldlt
-;+ljwfgsf] k|of]u
…k|f/De x'g]Ú_
129. command* n. and An authoritative order; mandate; lgoGq0f -jf cfb]z_
vt. control over the military or police; -gf=_,
16 (vt.) to exercise control; to issue an k|fKt ug'{ -ax'dt
order k|fKt ug]{ ;Gbe{df
;+ljwfgsf] k|of]u_

A Glossary of Constitutional Terms


130. Commander-in- The chief of the armed forces k|wfg ;]gfklt
Chief* n. phrase
C
131. commands a A political leader or a person who ax'dtsf] ;dy{g
majority* vt. is supported by the majority (of k|fKt
legislature or other group)

132. commencement n. Beginning or coming into legal effect k|f/De -jf ;'?cft_
(of a law or provision)

133. commission n. Authority to perform an act cfof]u, s'g} sfd


or exercise powers: 'a military ul/lbPjfkt kfpg]
commission' means conferring the /sd -sld;g_
rank of an officer; a body of persons
charged with some specific functions;
positive act (as opposed to not doing
something, which would be an act of
omission)

134. Commission for A constitutional body created to clVtof/ b'¿kof]u


the Investigation inquire into and investigate improper cg';Gwfg cfof]u
of Abuse of conduct or corruption by public
Authority* n. officials
phrase

135. commissioner* n. An official member duly appointed to cfo'Qm 17


a commission (often a constitutional
body)

A Glossary of Constitutional Terms


136. committee* n. A body of persons appointed or ;ldlt
elected for performing specified tasks;
C may be a small group within a larger
body
137. communal adj. Of a group/community: 'communal ;fDk|bflos
sentiments'
138. community n. A group of people living in a ;d'bfo
particular local area; a group of -jf ;Dk|bfo_
people having common ethnic or
cultural or religious characteristics.
Can be used to refer to a nation
as a whole; 'the community'; the
'international community'; a formal
grouping of nations: the 'European
Community'

139. commute* vt. Change (a sentence for a crime to a kl/jt{g -;hfo


lesser sentence. The change is carried 36fpg] ;Gbe{df_
out by the administrative authority,
not a court)

140. compensation n. The act of compensating for loss or Ifltk"lt{


injuries

18 141. complainant n. A person who makes a formal ph'/jfnf -jf jfbL_


accusation in a court of law (usually
of a crime by another)

A Glossary of Constitutional Terms


142. comply vt. Act in accordance with a request or kfngf ug'{ -jf
rule cg'¿k sfo{ ug'{'_
C
143. compulsory Service that must be peformed (often clgjfo{ ;]jf
service* n. phrase refers to military service)

144. concurrence n. Agreement: 'with the concurrence ;xdlt


of …'

145. concurrent adj. At the same time as; 'concurrent ;djtL{


sentences' means sentences imposed -jf ;Fu;Fu}_
for more than one offence are to be
served at the same time
146. concurrent power Power given to governments of both ;dfgfGt/ clwsf/
n. the national and constituent units in a
federation
147. confer [on] vt. To give a degree, title or privilege: 'an pkflw jf ;'ljwf
honour was conferred on…'; 'X was k|bfg ug'{
conferred with a degree…'
148. confederation n. A union of states that are under less ;ª\3Lo k|0ffnLdf
control from the national government cfj4 :jtGq PsfO
than a federation would be

149. confidential adj. Refers to information or documents uf]Ko -jf uf]kgLo_ 19


which should not be divulged
150. consensus n. A general agreement about something ;xdlt

A Glossary of Constitutional Terms


151. consent n. and vi. (n) Permission to do something; (vi) ;Ddlt
permit or agree that something should
C happen: 'consent to son's marriage'
152. consideration n. Giving thought to: 'consideration of Wofg -jf ljrf/_,
issues' (singular only); factor(s) taken ;DalGwt s'/fnfO{
account of: 'policy consideration(s)': Wofgdf /flvPsf]
something given by each side to a -jf ljrf/fwLg_
contract in return for what the other
side gives or does (technical, legal use
unlikely in C)

153. considered (past Carefully taken into account or based Wofg jf ljrf/
participle of on careful consideration: 'considered k'¥ofOPsf]
consider) opinion'
154. considering Taking something into account ljrf/ ub}{
155. consider vt. Think about; take a view: 'any other Wofg jf ljrf/
person … whom the national director k'¥ofpg'
considers to be relevant'

156. consist [in] or [of] Presence of a thing as a dominant lglxt


vt. feature; to be composed of ldn]/ ag]sf]
157. consistency n. In harmony; with the same Ps¿ktf
20 behavioural pattern (another meaning,
which refers to quality of a liquid or
soft substance, is unlikely in C)

A Glossary of Constitutional Terms


158. consistent [with] Conforming to a law or pattern, etc. Kffngf -jf ;Ddt_
adj.
C
159. consolidated vt. Brought together (bodies or laws ;anLs[t -jf
merged) ;'b[9Ls[t_
160. consolidated fund* The main fund into which ;l~rt sf]if
n. phrase government money is placed and
from which expenditure is met
161. constituency* n. A unit (geographical or otherwise) lgjf{rg If]q
that elects one or more members to
the legislature or other bodies
162. Constituency The commission created to delimit lgjf{rg If]q
Delimitation boundaries for electoral purposes lgwf{/0f cfof]u
Commission* n.
phrase

163. constituent An entity created for preparing a ;+ljwfg ;ef


assembly n. phrase constitution (properly used, it should
refer to a body with 'constituent
power')
164. constituent power Refers to the legal power to create a ;+ljwfg agfpg]
n. phrase constitution and enact it clwsf/
165. constituent unit n. Refers to a geographical unit that is ;ª\3Lo PsfO 21
phrase part of a federation (not a 'term of -jf ;ª\3Lo
art') ;/sf/sf] PsfO_

A Glossary of Constitutional Terms


166. constitution n. A supreme law of the land ;+ljwfg
promulgated to exercise sovereignty
C
167. constitutional adj. Power or action in compliance with ;+j}wflgs -jf
the provision of the constitution; ;+ljwfg cg's"n_
related to the constitution

168. Constitutional Entities created by the constitution ;+j}wflgs cª\u


Bodies* n. phrase for specified tasks -jf lgsfo_
169. Constitutional A special body of persons created by ;+j}wflgs kl/ifb\
Council* n. phrase the constitution for the appointment
of authorities; constitutional bodies
170. constitutional Monarchy which derives its powers ;+j}wflgs /fhtGq
monarchy* n. from the constitution and not from
phrase divine right (also implies that the
power of the monarchy is limited)
171. constitutional Remedy (compensation or court ;+j}wflgs pkrf/
remedy n. phrase order, etc.) available to a person
whose constitutional rights have been
violated
172. constitutionalism A practice or philosophy of ;+ljwfgjfb
n. adherence to constitutional principles
involving limits on the power
22 of the government put by those
constitutional principles and words of
the constitution

A Glossary of Constitutional Terms


173. constitutionality n. Acting in accordance with the ;+j}wflgstf
provisions or principles of a
constitution C

174. construe vt. To adduce or explain the meaning of; cy{ nufPsf] -jf
interpret JofVof ul/Psf]_
175. consul n. An official appointed by a jfl0fHob"t
government to reside in a foreign
country and represent his or her
government's commercial interests
and assist its citizens there

176. consult vt. To seek advice or information k/fdz{ ug'{


177. consultation n. Process of consulting ('in consultation k/fdz{
with' may be defined as meaning a
largely joint act, as opposed to 'after
consultation with')
178. consumer n. A person who buys goods or uses pkef]Qmf
services (implies the individual in
relation to market suppliers)
179. contemplated vt. Considered (refers to thinking about ;f]Rg' -jf ljrf/
the future): 'consequences were not ug'{_
contemplated'
23
180. contempt of A wilful disrespect of the court cbfntsf] cjx]ngf
court* n. phrase

A Glossary of Constitutional Terms


181. contempt of A wilful disrespect of Parliament ;+;b\sf] dfgxfgL
Parliament* n.
C phrase
182. contract n. and vi. (n.) A legally binding agreement s/f/, ;Demf}tf
between two or more parties;
(vi.) to make such an agreement
183. convenience n. A situation that is useful or suitable: ;'ljwfhgs -jf
'at the convenience of…a person' cg's"n_
184. convicted vt.. A person found guilty of an offence bf]ifL -jf ck/fwL_
by a court
185. conviction n. The act of being found guilty bf]ifLnfO{ sfjf{xL
of a crime: 'he has no criminal ug]{, b[9 ljZjf;
convictions'; belief: 'religious
conviction'
186. corporate adj. 'Corporate body': a group of people ;+:yfut
with the legal characteristic of being a
corporation
187. corresponding adj. Matching: 'Article 31 or the ;DalGwt
corresponding provision in the
previous constitution'
188. corruption Use of bribery and other practices e|i6frf/
24 that tend to pervert behaviour,
especially of officials
189. cost-effective adj. Giving more benefit than the cost nfut k|efjsf/L

A Glossary of Constitutional Terms


190. costs n. When used in plural in legal nfut -jf d"No jf
documents, it most likely refers to a vr{_
party's expenses in taking legal action C

191. council n. A body of people to manage affairs ;ef -jf kl/ifb\_


(often used to refer to elected local
government bodies)

192. Council of A collective of government ministers dlGqkl/ifb\


Ministers* n. ('Cabinet' in some systems)
phrase

193. court n. A judicial entity created for delivering cbfnt


justice

194. Court of Appeal n. A higher court whose jurisdiction is k'g/fj]bg cbfnt


phrase to review decisions of lower courts
or agencies; the technical name of
certain courts in some countries

195. Court of Record* Court, the records of which have clen]v cbfnt
n. phrase value as evidence of facts (higher
court) (technical term)

196. cruel adj. Lacking kindness, compassion or lgd{d


mercy (of person or of treatment): 25
'cruel and unusual punishment' used
in the US Constitution

A Glossary of Constitutional Terms


197. custom n. Practices that have been traditionally k|yf -jf k/Dk/f,
accepted as binding; fees paid on /Lltl/jfh_, eG;f/
import/export of goods; the body
D
('customs authority') that collects the
fees
198. currency n. Metal or paper money d'b|f
199. damages n. Sum awarded by a court in Iflt -jf xfgL_
compensation for loss or injuries
200. decent adj. Socially or conventionally correct; lzi6 -jf eb|_
refined or virtuous
201. declaration n. Formal statement: 'declaration of 3f]if0ff -jf syg_
war'; (technical) a particular court
order which states a legal position
202. decentralization n. The devolution of power away ljs]Gb|Ls/0f
from the centre to local branches
or governments; could be used of
organizations: 'government agencies
must be decentralized'
203. decorations* n. A medal or other badge conferred as lje'if0f
a mark of honour (specially military
honours)
26 204. deem vt. To hold a view; to treat something 7fGg'
as being what it is not (for legal
purposes)

A Glossary of Constitutional Terms


205. defamation* n. The act of defaming (making a ufnL, a]OHhtL
statement that lowers someone's
reputation)
D
206. de facto adj. Existing in fact whether with lawful jf:tljs, tYout
authority or not
207. defend vt. Protect (the constitution, etc.); Kf'k{If
be the defence counsel for someone
in a trial (narrow meaning)
208. defence (US Military action or resources for k|lt/Iff
spelling is defense) protecting a country against potential
n. enemies
209. degrading adj. Humiliating; lowering of a person's ckdfghgs
dignity:'degrading punishment'.
210. de jure adj. and By the impact of law sfg'gtM
adv.
211. delegate vt. and n. (vt.) Pass one's authority to do clwsf/ k|Tofof]hg
something to another; (n.) a person ug'{ -lqm=_, k|ltlglw
to whom such authority is passed; -gf=_
in political discourse it is used to
distinguish from a representative: 'an
MP is a representative not a delegate'
means the latter would have a duty to
carry out precisely what constituents 27
direct, not exercising any judgment;
'delegated legislation' means
subordinate legislation

A Glossary of Constitutional Terms


212. deliberative adj. The process of decision involving hfgLa'emL ul/g]
thought, etc.: 'deliberative vote'; in the lg0f{o k|lqmof
South African Constitution, opposite
D
of casting vote (qv);
'deliberative democracy': political
science term referring to democracy
characterized by uses of reason in
decision making
213. delimitation n. Fixing boundaries If]q lgwf{/0f
214. delimited* adj. Fixed (used of electoral constituency lgwf{l/t -lgjf{rg
boundaries) If]q_
215. democracy adj. A system of government by and for nf]stGq, k|hftGq
the people. Literally means 'rule by
people'
216. democratic * adj. Based on the principles of democracy: nf]stflGqs,
'political parties must have democratic k|hftflGqs
constitutions' -;+ljwfgsf] k|of]u_
217. demolished vt. Destroyed or knocked down (usually lj3l6t -jf
buildings) eTsfOPsf]_
218. department n. A separate division (of government ljefu
administration): 'department of
28 agriculture'
219. deprive [of] vt. Keep or take away from: 'deprived of al~rt ug'{
his rights'

A Glossary of Constitutional Terms


220. derogate [from] vt. To lessen the extent of: 'derogate cjd"Nog ug'{ -jf
from a right' ckdfg ug'{_
221. derogation n. The act of derogation: 'in derogation ckdfg -jf s6f}tL D
of' jf cjd"Nog_
222. derogatory adj. Insulting: 'derogatory remarks' ckdfghgs
-jf abgfd ug]{ jf
ckdfg ug]{_
223. descent n. The act or an instance of descending; j+zh
used in relationship to ancestors
(citizen by descent would mean citizen
by virtue of parent/ancestor)

224. designate vt. and (vt.) Appoint for a job; (adj.) 'prime lgo'Qm
adj. minister designate' means a person
identified as prime minister but yet to
officially take office
225. detainee n. A person detained or kept in custody y'g'jf
226. detention n. Keeping in confinement gh/aGb -jf y'gf_
227. determination n. The process of fixing something lgwf{/0f -jf b[9
exactly: 'determine the time'; can lgZro_
involve application of law and fact:
'determine that he is guilty' 29

228. determine vt. To find out or fix something exactly lgwf{/0f ug'{ -jf
;'lglZrt ug'{+_

A Glossary of Constitutional Terms


229. devolve n. To pass on or delegate (state power) lgIf]k0f ug'{
to another (usually lower levels of
government): 'devolve power'
D
230. devolution n. Situation in which some governmental lgIf]k0f
power is passed over from the centre
to lower levels of government:
'Scottish devolution'
231. dignity n. The quality of being worthy :jfledfg
of esteem or respect; a manner
suggesting confidence in such esteem:
'he has great dignity'; suggests self-
respect and is a core idea of human
rights
232. directive Principles and policies formulated lgb]{zs l;4fGt
principles* n. as guidelines for the state (used
phrase in various constitutions including
Nepal's)
233. directives* n. Official instructions lgb]{zg
234. disability n. The state of being physically or ckfª\utf
mentally disabled (lack of ability to -jf c;dy{tf_
work, etc.); absence of legal capacity
to perform certain acts: child is under
legal disability
30
235. disadvantaged adj. Deprived of social and economic cj;/ jf
sometimes used as opportunities ;'ljwfljxLg
a noun

A Glossary of Constitutional Terms


236. discretion n. The power or freedom to decide at :jljj]s
one's will
237. discriminate* vi. To make distinctions on the basis e]befj ug'{ D
of class or category without regard
to individual merit; show preference
or prejudice (often used to suggest
unfairness)
238. disqualification n. The act of rendering unqualified or cof]Uotf
unfit; the act of preventing someone
from participating by finding him/her
unqualified
239. dissolution* n. In C, usually refers to the breaking up lj36g
of Parliament before elections; can
refer to the end of marriage or of a
registered company
240. distinguished A person recognized as prominent or ljlzi6 JolQm
person* n. phrase eminent in a society
241. diversity n. The state of being varied (in C, may ljljwtf
refer to cultural, ethnic, religious,
gender variety)
242. domicile* n. The place where one has a permanent :yfoL a;f]af;
residence (very specific legal concept)
31
243. drawing lots* n. Making a chance decision by using uf]nfk|yfåf/f
phrase lots (straws, pebbles, slips of paper,
etc.) that are thrown or drawn

A Glossary of Constitutional Terms


244. ecological adj. Relating to the natural environment kof{j/0fLo
245. effective adj. Having a desired effect or result k|efjsf/L -jf
k|efjzfnL_
E
246. efficient adj. Able to work well and without wasting bIf -jf Ifdtfjfg_
time and resources; adequately active
and skilled
247. elderly adj. Older (of people) Ho]i7
248. election n. The process of selecting a person of lgjf{rg
choice through voting
249. Election A constitutional body with lgjf{rg cfof]u
Commission* n. responsibility for conducting
phrase elections
250. election petition* A petition (complaint) concerning lgjf{rg;DaGwL
n. phrase elections; questions on the validity ph'/L
of elections, presented to a court/
tribunal
251. electoral adj. Pertaining to elections or electors lgjf{rg;DaGwL
252. electoral college* A body of persons entitled to vote at lgjf{rg d08n
n. an election (e.g. the Indian Parliament
votes together as an electoral college
to elect a president)
32 253. electoral rolls* n. An official list of voters at an election dtbftf gfdfjnL
254. electoral system n. The method of converting votes into lgjf{rg k|0ffnL
phrase seats in an elected body

A Glossary of Constitutional Terms


255. emblem n. A special design or visual object lrXg
used to signify a country, group, etc.
(smaller than a coat of arms)
256. employment n. The state of being employed or /f]huf/L E
having a job
257. empowerment n. Giving someone power; may ;zQmLs/0f
refer to legal power: 'the officer is
empowered…' but modern usage
refers to giving weaker groups ability
to take initiative by means of creating
awareness, training, etc.
258. enact vt. To make or pass a law sfg'g lgdf{0f ug'{
259. enactment n. The process or act of passing sfg'g lgdf{0f
legislation
260. encumbrance n. Any obstruction that impedes or afwfc8\rg
is burdensome; a charge against
property (technical, legal meaning)
261. enemy state n. A state with which another is at war zq' /fHo
phrase
262. enforce vt. To cause a law to take effect by use nfu' ug'{ -jf
or threat of legitimate force (not sfof{Gjog ug'{_
necessarily physical force)
33
263. enforceable* adj. Capable of being enforced nfu' ug{ ;lsg]
264. enforcement n. The action of enforcing sfof{Gjog

A Glossary of Constitutional Terms


265. enjoy vt. Special legal meaning: to have the clwsf/ pkef]u ug'{
benefit of legal rights or other
benefits
E
266. enjoyment n. Possession and use of available legal clwsf/sf] pkef]u
rights or other benefits: 'enjoyment of
culture'
267. enshrined vt. Written into a document, including lglxt
a constitution: 'freedom of speech is
enshrined in the constitution'
268. entitled* vt. Having a right to: 'entitled to vote' clwsf/ k|fKt
269. entity n. Something that has a real existence (a lgsfo
body, organization, etc.)
270. entrenched adj. Guaranteed in the constitution (more k|Tofe"t
difficult to change than other parts)

271. entries n. Items in a record, register or list k|j]z -jf btf{_


272. entrusted vt. Given responsibility for carrying out lhDd]jf/L k|bfg ug'{
a task or to take care of something:
'entrusted with money'
273. envisage vt. Imagine something as a possibility k"jf{g'dfg

34 274. envoy n. A diplomat; ambassador b"t


275. equal adj. Having the same status, dignity and ;dfg -jf a/fa/_
respect

A Glossary of Constitutional Terms


276. equal protection of Being treated in the same way ;dfg sfg'gL ;+/If0f
the laws* n. phrase as others in a legal sense; non-
discrimination
277. equality n. The state of being equal in status and E
;dfgtf
rights
278. equitable adj. Fair and just; reasonable ;dof]Uo
279. equitably adv. The most equitable solution to a ;dfgtfk"0f{
dispute
280. equity n. Balanced fairness (also has a technical ;dGofo
meaning that might appear in some
constitutions in the English tradition,
meaning a certain body of judgement
made law)
281. essential adj. Important; absolutely necessary dxTjk"0f{ -jf
cTofjZos_
282. establish vt. To set up a school, association, etc.; :yfkgf ug'{
to give reason (proof or argument); to -;+:yf_ jf k|:t't
accept a belief/assertion as true ug'{ -tYo_
283. establishment n. In C, refers to the act of setting up ;+:yfkg
284. estimate* vt. and n. (vt.) To form a rough idea of cg'dfg
something (may relate specifically
to likely cost); (n.) act of estimating; 35
'annual estimates' refers to
government budget of anticipated
expenditure

A Glossary of Constitutional Terms


285. ethics n. A system of moral principles or moral ;bfrf/
behaviour

286. ethnic adj. Of or involving a nation, race or tribe hghflt


E
that has a common cultural tradition -jf hghflt;DaGwL_
287. ethnicity n. A cultural term used to identify hfltut klxrfg -jf
specific communities on the basis of ljz]if nIf0f÷u'0f_
race, culture or language

288. exile n. and vt. (n) A person staying in another b]z lgsfnf
country by choice or out of fear of
the consequences of returning home;
(vt.) to expel people from their native
land
289. ex officio* adj. By virtue of an office: 'the minister is kb]g
ex officio a member of the Defence
Council'
290. explanation n. A statement that makes something :ki6Ls/0f
comprehensible; (specific use in a law)
relates to a statement that elucidates
or defines a particular provision or
phrase
291. exploitation n. An act that exploits or victimizes zf]if0f
36 someone (usually by making them
do something against their will or
interest)

A Glossary of Constitutional Terms


292. executive n. In C, likely refers to the government sfo{sfl/0fL
(prime minister, ministers, etc.) -jf sfo{sf/L_
collectively, distinguished from the
legislature, judiciary E

293. executive power* Having power to put decisions, laws, sfo{sf/L


n. phrase etc. into effect (power conferred on -jf sfo{sfl/0fL
the executive) clwsf/_
294. exercise n. and vi. (n.) The use (of power, etc.); (vi.) to cEof; -jf k|of;_
use power, etc.

295. expire vi. Finish or come to an end; to be no Dofb ;lsg'


longer valid ( e.g. term of office); (of -jf dg'{_
organisms) to die (unlikely in C)

296. expropriated vt. Property, etc. taken away from its hkmt, x/0f jf
owner for public use with or without sAhf ul/Psf]
payment

297. extradition n. The surrender of an accused or ;'k'b{uL


convicted person by one country to
another (usually under the provision
of a statute or treaty)
37
298. facilitate vt. To make something, especially an ;xh t'Nofpg' -jf
action or process, easy ;lhnf] kfg'_

A Glossary of Constitutional Terms


299. fair adj. Treating each person, side equally and lg:kIf
according to the rules or law

300. favour vt. and n. (vt.) To prefer somebody/something; kIfdf nfUg' -jf
F (n.) preference for somebody, etc. ;xof]u ug'{_ -gf=_
301. federal adj. A system of government in which a ;ª\3Lo
country is divided into several states/
units, which have certain powers to
make laws and govern a territory
302. federation n. A country which is so divided ;ª\3
303. fee n. An amount of money paid for z'Ns -jf
professional advice or services kfl/>lds_
304. feudalism n. The social system that developed in ;fdGtjfb
Europe in the 8th century, involving
hierarchical relationships of service
and servitude. Often used, as in the
Interim Constitution, to refer to
oppressive hierarchical and outmoded
regimes of other sorts
305. Finance Bill* n. A legislative bill concerning taxes, cfly{s ljw]os
phrase public funds, loans or expenditure
38 306. first-past-the-post An electoral system in which the one klxnf] x'g] lgjf{lrt
system n. phrase who receives more votes than any x'g] -lgjf{rg
other candidate gets elected k|0ffnL_

A Glossary of Constitutional Terms


307. fiscal adj. Relating to public money, especially cfly{s -jf ljQLo_
taxes
308. forced labour* n. Compulsory (physical work), usually OR5flj?4 sfd
under hard conditions; not used of F
officially required labour
309. force majeure n. Unexpected and overwhelming ank"j{s -jf
circumstances because of which it afWofTds_
is not possible to fulfil a promise or
contract
310. foreign affairs n. Matters related to official business k//fi6« dfldnf
phrase between two or more countries
311. forfeited vt. (A thing) paid or given up as penalty hkmt ul/Psf]
or punishment
312. franchise n. The right to vote dtflwsf/
313. freedom n. The power or right to act, speak, etc. :jtGqtf
as one wants
314. freedom of Right of the people to express their ljrf/ / cleJolQm
opinion and ideas :jtGqtf
expression n.
phrase
315. functional adj. Practical and useful; having or Jojxfl/s -jf 39
providing little or no decoration; sfo{d"ns_
working or able to work; relating to
functions

A Glossary of Constitutional Terms


316. functionaries n. People with official duties sd{rf/L
317. function* n. An important social event or official sfo{, sfd
ceremony; (more likely in C) things
that organizations and government
G bodies are assigned to do
318. fundamental* adj. A basic rule or principle; an essential df}lns
part -jf cfwf/e"t_
319. gazette n. An official journal with public notices /fhkq
and lists of official appointments,
laws, etc.
320. gender n. The condition of being male or lnª\u
female (originally a linguistic term, but
now extended to cover aspects of sex,
especially socially defined sex roles)
321. good governance The act of governing well; exercising ;'zf;g
n. phrase authority according to the rule of law
322. governance n. The act of governing; exercising zf;g
authority (always used in context of
evaluation)
323. government n. A group of people governing a ;/sf/
country or state; often same as the
40 'executive' but also used to cover
the legislature and judiciary; 'three
branches of government'

A Glossary of Constitutional Terms


324. government, co- Used in the South African ;xof]ufTds ;/sf/
operative n. Constitution to refer to the nature of -ljleGg txsf_
relationship between different organs
or levels of government
325. government, local A system of government administered :yfgLo lgsfo -jf G
n. by locally elected bodies; government :yfgLo ;/sf/_
at the local level; not used of
government at level of units in a
federation
326. grievance n. A real or imagined cause for c;Gt'li6
complaining or protesting about -jf u'gf;f]_
something, especially unfair treatment
327. habeas corpus* L Refers to a specific legal procedure to aGbL k|ToIfLs/0f
ensure the release of a person illegally
detained (not literally translated from
Latin)

328. hierarchy* n. Any system with grades of authority dflyNnf] tx


or status from the lowest to the -;+ljwfgsf] k|of]u_
highest: 'hierarchy of courts' dof{bfqmd -csf]{
cy{_
329. High Court n. Formal name of a court (in India it pRr cbfnt
phrase is the lowest level court of unlimited 41
jurisdiction; in Australia it is the
highest federal appellate court)

A Glossary of Constitutional Terms


330. hinder vt. Create an obstacle afwf k'¥ofpg'
331. honorary Citizenship given as an honour, ;Ddfgfy{ gful/stf
citizenship* n. without the usual qualifications being
phrase required
H 332. honours* n. Award from the state in recognition ;Ddfg
of contribution to public or national
life, usually carrying no financial
benefit
333. House of Used of mainly (or only) directly k|ltlglw ;ef
Representatives* n. elected house of a national legislature.
phrase In other systems, may be House of
Commons
334. human resources The available source of human hgzlQm
n. capacity or human power
335. immigration n. The flow of people coming into a cWofudg
country; the act of coming into a
country (to take up residence, not just
as temporary visitors)
336. immunities n. Protection from liabilities imposed by ljz]if pGd'lQm
law -bfloTjaf6_, k|lt/If0f
337. impart vt. In C, usually means to make ;'lrt ug'{ -cjut
42 information known to somebody u/fpg' jf hfgsf/L
lbg'_

A Glossary of Constitutional Terms


338. impartial adj. Not favouring one person or thing lg:kIf
more than another; fair and neutral -jf e]befj/lxt_
339. impeachment* adj. Process under which charges are dxfleof]u
brought in Parliament against a high
constitutional authority, public official
or judge I

340. impede vt. To delay or stop the progress or afwf Jojwfg v8f
movement of somebody/something ug'{ -jf /f]Sg'_
341. implement* vt. To put something into effect; to carry sfof{Gjog ug'{ -jf
something out nfu' ug'{_
342. implicit adj. Implied, though not directly cJoQm -jf ;ª\s]t
expressed; inherent in the nature of ul/Psf]_
something

343. impose vt. Place a burden on: 'impose taxes'; nufpg'


'impose punishment' -jf Nffu' ug'{_

344. imposition n. The act of imposing something nufpg] sfd, yf]kg]{


sfd
345. impunity n. Exemption from punishment which b08xLgtf
ought to be imposed, often used to 43
refer to the failure of government to
take serious steps against crime

A Glossary of Constitutional Terms


346. incitement* n. The act that encourages aggressive or b'?T;fxg -jf
illegal behaviour v/fa sfd ug{
pS;fx6_
347. include vt. To have or to make somebody/ ;dfj]z ug'{
something a part of a whole; (when
I used in C will very often be part of a
definition, with a sense that the part is
not the totality)
348. inclusive adj. 'Is inclusive of' would mean 'includes'. ;dfj]zL
In Nepal, now has sense of involving
all parts of a community
349. independence n. Freedom from control or others' :jtGqtf
influence
350. independent* adj. Not dependent on other people or :jtGq
things; not controlled by other people
or things
351. indigenous adj. Originating where found: 'indigenous cflbaf;L
people'
352. indigent adj. Poor ul/a
353. indivisible* adj. That cannot be divided cljefHo
44 354. inherent adj. Existing as a natural or permanent hGdl;4
feature or quality of something/ -jf cGtlg{lxt_
somebody

A Glossary of Constitutional Terms


355. inhuman adj. Lacking normal human qualities of cdfgjLo
kindness, pity, etc.; extremely cruel
356. initiate vt. To put a scheme into operation; to k|of; ug'{ -jf
cause something to begin yfngL ug'{_
357. initiated Legal actions or proceedings that have rfn' sf/afxL
proceedings* n. begun I
phrase
358. initiative n. 'An initiative' would mean doing cu|;/tf -jf k|of;_
something concrete; 'the initiative'
would mean having capacity and
imagination to realize what needs to
be done, together with courage and
willingness to take the first steps
359. injunction n. A court order prohibiting a party lgif]wf1f
from a specific course of action
360. instigate vt. Provoke or stir up (usually crime or b'?T;fxg ug'{
unrest)
361. Inspector General The chief officer of the police force k|x/L dxflg/LIfs
of Police* n. phrase
362. institute n. and vt. (n.) An organization created for ;+:yf -jf k|lti7fg_
a special, usually, professional, -gf=_, :yfkgf ug'{,
research or educational purpose; yfngL ug'{ -lqm=_
(vt.) establishing or setting up of 45
an organization; (vt) to establish,
organize and set in operation

A Glossary of Constitutional Terms


363. institution n. An organization established for social, ;+:yf, s'g} gofF
educational, religious or governmental sfd Joj:yf jf
purposes, etc. sfg'g nfu' ug]{ jf
yfNg] sfd
364. integrity* n. Literally—wholeness. 'Person of cv08tf
I integrity' would mean the quality of -;+ljwfgsf] k|of]u_,
being honest and having strong moral Odfgbf/L -JolQmsf]
principles; 'territorial integrity' would ;Gbe{df_
refer to the preservation of land from
invasion, etc.

365. intelligence n. The power of learning, understanding u'Ktr/ -jf


and reasoning; mental ability or (most tLI0f÷s'zfu|_
likely in C) information probably
gathered by means of spying,
surveillance, etc.

366. interest n. A state of wanting to learn or Rfxfgf -jf rf;f]_


know about somebody/something;
curiosity; concern; something of
concern or importance to a person or
groups: 'the interest of the state'

367. international adj. Relating to more than one state cGt/f{li6«o


46
368. international Relationship between states cGt/f{li6«o ;DaGw
relations* n. phrase

A Glossary of Constitutional Terms


369. interpretation n. The act of explaining something, JofVof
especially (in C), a law or the
constitution, including by a court
370. intervention n. The act of stepping in or interfering x:tIf]k
in any affair
371. invalid adj. Not legally or factually valid; no cdfGo -jf /2_ J
longer valid; contrary to law

372. inviolable* adj. That cannot be violated cgltqmDo


373. ipso facto* L By that very fact: 'a person who is :jtM
convicted is ipso facto disqualified…'
374. jeopardize vt. Pose a threat to; present a danger to vnn kfg'{

375. judge n. An officer with authority to decide GofofwLz


cases in a law court
376. judgment n. Decision delivered by the court cbfntL lg0f{o jf
km};nf
377. judicial adj. Of a judge or judgment Goflos
378. judiciary* n. The judges of a court considered as a Gofokflnsf
group
379. jurisdiction n. The limits within which legal authority If]qflwsf/ 47
exists (very often of a court); may be
geographical or may refer to other
limits

A Glossary of Constitutional Terms


380. juristic adj. Relating to law/justice; but in C, Goflos
probably refers to a company or an
institution that handles legal affairs
381. just adj. Reasonable and fair ;xL
382. justice n. A public official authorized to decide GofofwLz -jf Gofo_
questions brought before a court of
justice; the quality of being just or
J fair; what courts, etc. dispense: 'the
K
administration of justice'
383. justiciable adj. Something which can be taken to Gofoof]Uo
court for legal ruling
384. justifiable adj. Has a basis in law or reason Gofo;ª\ut
385. justify vt. Show that something is reasonable or k'li6 ug'{ -jf cf}lrTo
just l;4 jf :yflkt ug'_{
386. kingdom n. The domain over which a king or clw/fHo
queen reigns
387. law n. All the rules established by authority sfg'g
or customs for regulating behaviour
or actions; sometimes refers to a
specific enacted law or a specific areas
of law: 'law of contract'
48 388. law and order n. The state of being under legal order; a zflGt / ;'Joj:yf
phrase popular phrase that often connotates
'tough' policy, with perhaps right-wing
inclinations

A Glossary of Constitutional Terms


389. lawful adj. Allowed by law; legal sfg'g ;Ddt
390. leader of the A person who leads the opposition ljkIfL bnsf] g]tf
opposition* n. party or group in the legislature
phrase
391. leave* n. Permission; in C, probably used as cg'dlt -jf
permission granted by a court to bring labf÷5'§L_
a case on appeal (also permission
to be absent from work or duty,
as granted to military or corporate L
personnel)
392. legacy n. (In law) a gift of personal property by lj/f;t
will

393. legal The act of speaking for another in a j}wflgs k|ltlglwTj


representation* n. legal context, usually in court: 'a right -jf jf/];_
phrase to legal representation'
394. legally adv. In a legal manner sfg'gL¿kdf -jf
sfg'g ;Ddt_
395. legislation n. The process of making enacted law; P]g jf sfg'g
the body of enacted laws (note: an lgdf{0f k|lqmof
individual law is not 'a legislation' but
'a piece of legislation' or 'a statute')
396. legislative adj. Pertaining to legislation ljwflosf 49
397. legislative The internal procedure or rules for Joj:yfkg sfo{ljlw
procedure n. phrase regulating parliamentary business

A Glossary of Constitutional Terms


398. legislature* n. A body of people with the power to ljwflosf
make and change laws
399. Legislature- Expression unique to Nepal in the Joj:yflksf–;+;b\
Parliament n. Interim Constitution
400. legitimacy n. Valid by virtue of being authorized or j}wtf
in accordance with law; (in political
science) have political acceptance

L 401. levy vt. Collect a payment or tax by authority z'Ns jf s/


402. liability n. Legal responsibility (may be general or bfloTj
specific)
403. liable adj. Subject to an obligation (usually legal); afWo -jf lhDd]jf/_
'liable to be prosecuted' means has a
legal obligations which may lead to
prosecution

404. licence n. Permission from an authority to do cg'dltkq


something
405. licensing vt. The process or responsibility for cg'dlt lbg] sfo{
granting licences

406. limitation n. Restriction or curtailment of ;Lldttf


50 something, e.g. on a right or a time
limit on when a legal action can be
brought

A Glossary of Constitutional Terms


407. magistrates n. Members of the judiciary in the kmf}hbf/L sfg'gsf]
lower level courts, sometimes with klxnf] r/0fdf
administrative responsibilities; not 5fgljg ug]{
necessarily a lawyer. (Not used in If]qflwsf/ k|fKt
Nepal) lghfdtL sd{rf/L
-g]kfnL ;Gbe{df
k|d'v lhNnf
clwsf/L_
408. maintain vt. Support, continue or keep up sfod ug'{ -jf
something or even persons: cBfjlws ug'{_ M
'maintain a building' refers to a
physical condition; 'maintain support'
means to continue it: 'maintain
divorced spouse' means to support
financially, etc.
409. majority n. Either 'more than half' or ax'dt
'the largest number' (as in voting
in Nepal where the person with
the largest number of votes wins a
parliamentary seat even if the number
of votes he/she got is less than fifty
percent of the votes cast); the number
by which votes for one are more than
those for another; 'a majority of 3'
51
410. majority, absolute Complete majority—(that is of more k"0f{ ax'dt
n. than half, not just the largest number
of votes)

A Glossary of Constitutional Terms


411. majority of more Voted in favour by more then half of ;fdfGo ax'dt
than fifty percent of the sitting members -pkl:yt ;b:o
its sitting members* ;+Vofsf] ax'dt_
n. phrase
412. marginalized adj. Relegated to a lower or outer edge, as ;LdfGtLs[t -jf
of specific groups of people jl~rt jf pk]lIft_
-clwsf/xLgsf] cy{df_
413. material n. and adj. (n.) (Less likely in C) substance used ;fdu|L -jf kbfy{_
for something: 'building material';
M (adj.) relevant: 'material fact'
414. matrimonial Relationship pertaining to marriage/ a}aflxs ;DaGw
relationship* n. married couple
phrase
415. may* v. aux Have a choice/discretion about doing ug{ ;Sg] -jf
something: 'the minister may…' ;DejtM_
means he may choose not to
416. measure v. and n. In C, probably used as a noun to refer dfkg ug'{ -lqm=_,
to the government's steps: 'state must dfkg -gf=_
take practical and positive measures,
which may include legislation'
417. mechanism n. A machine or an institution for doing ;+oGq
52 something: 'an act…must provide
for appropriate mechanisms and
procedures to facilitate settlement of
disputes'

A Glossary of Constitutional Terms


418. media n. Pl. of medium; in C, will usually refer ;~rf/ dfWod
to the press, broadcasting, etc.
419. mentally or Somebody mentally or physically not dfgl;s tyf
physically able to do something zfl/l/s¿kn] czQm
incapacitated* adj.
420. military adj. and n. Relating to soldiers; often used as a ;]gf
noun to mean military forces
421. minister n. A person at the head of department/ dGqL
ministry
M
422. ministerial adj. Something relating to a minister: dGqL:t/Lo
'ministerial powers'
423. minor* n. Legally not adult Gffafns
424. minority n. The state of being a minor; being less cNk;+Vos
than a majority: 'ethnic minority' or
'minority parties'
425. Mixed Electoral A combined electoral system of first- ldl>t lgjf{rg
System n. phrase past-the-post and the proportional list k|0ffnL
system (not a term of art)
426. monitor vt. To watch and check something over a cg'udg ug'{ -jf
period of time lgu/fgL ug'{_
427. monitoring v. The act of observing something (and cg'udg
usually keeping a record)
53
428. morality n. Concern with the distinction between g}ltstf
good and evil or right and wrong;
right or good conduct

A Glossary of Constitutional Terms


429. mother tongue* n. One's native language dft[efiff
430. movement n. Any form of physical moving; also cfGbf]ng
refers to a series of actions by people
advancing a principle or tending
toward a particular end, usually often
not by an organized entity: 'womens
movement'; 'people's movement'

431. multiethnic* adj. (Country or society) characterized by ax'hftLo


M having many ethnic groups

432. multilingual* adj. (Country or society) speaking or using ax'eflifs


many languages

433. multiparty adj. (Political system or state) having more ax'bnLo


than one party

434. municipal adj. Of a town or city with its own local dxfgu/;DaGwL
government

435. municipality n. A town or city with its own local dxfgu/kflnsf


government

436. must vi. To be obliged or required by morality, afWo x'g' -jf


54 law or custom (note: this verb has no clgjfo{_
infinitive form in English—it is not
possible to say 'to must')

A Glossary of Constitutional Terms


437. nation n. A large community of people living /fi6« -jf d'n's_
in a particular territory under one
government: 'the nation of Nepal';
a group, usually sharing a common
history, culture and language, who
identify themselves as such: the 'Arab
nation'; the 'Sioux nation'
438. national n. and adj. (n.) A citizen of a particular nation; /fli6«o -jf gful/s_
(adj.) relating to a nation

439. national anthem n. The officially adopted song of a /fli6«o ufg N

phrase nation

440. National In Nepal, it was the upper house /fli6«o ;ef


Assembly* n. of the bicameral Parliament; but
phrase elsewhere is used of the lower or only
house of a national Parliament

441. National Defence An official body under the /fli6«o ;'/Iff kl/ifb\
Council* n. phrase Constitution of Nepal with
the responsibility of making
recommendations on the mobilization
of the army

442. national language* Sometimes used to mean the /fi6«efiff 55


n. 'official language'; sometimes just a
recognition that other languages are as
significant to the country

A Glossary of Constitutional Terms


443. nationality n. Membership of a particular nation; /fli6«otf
(rare) similar to second meaning of
'nation'

444. naturalized A citizen originally of another cª\uLs[t gful/stf


citizenship* n. nationality but made a citizen by
phrase a specified legal process which
requires the person to make a
choice/application and may well
involve a discretion on the part of the
authorities
N

445. necessary adj. Needed (slightly less strong than cfjZos


'essential')

446. neutrality n. Position of not supporting either side lg:kIftf


in dispute or war

447. nominate* vt. Put a person forward for a position, dgf]lgt ug'{
an honour or a prize

448. non-alignment n. The state of not being allied to c;+nUg


other groups of people or countries;
refers to countries supporting non-
alignment
56 449. non-derogable adj. That cannot be detracted from (used vf]:g jf xgg ug{
especially in connection with human g;lsg]
rights)

A Glossary of Constitutional Terms


450. non-discrimination Treating persons equally without lagf e]befj
n. taking account of irrelevant
differences
451. norms n. Standards and patterns of social dfGotf
behaviour of a group; in C, more
likely to refer to standards laid down
by international laws as something
that ought to be obeyed rather than a
mere description
452. notwithstanding* In spite of something: eP tfklg -dfly
adv. 'notwithstanding the previous clause' h];'s} n]lvPsf] eP N
tfklg_
453. oath* n. Official promise to do something; zky
declaration that something is true
(involves religious element—contrast
with affirmation)
454. objective n. and (n.) Thing aimed at or wished for; p2]Zo
adj. (adj.) uninfluenced by irrelevant
considerations
455. objects n. pl. In C, usually refers essentially j:t' -jf tTj_
to objectives: 'objects of local
government'
456. obligation n. A duty—legal or other st{Jo -jf jfWotf_ 57
457. observance [of] n. Obeying a law or keeping custom: lgod kfngf
'religious observance' means religious
practice

A Glossary of Constitutional Terms


458. offence n. A criminal act ck/fw
459. offender n. A person who breaks the law ck/fwL
460. office n. In C, refers to an official position: sfof{no
'office of president'
461. office of profit n. Term of art; in the Nepali C, means nfesf] kb
phrase any position paid out through a
government fund

462. official adj. and n. (adj.) Relating to a position of cflwsfl/s -lj=_,


O authority; (n.) a person in such a sd{rf/L -gf=_
position
463. official language* Language used in government, sfdsfhL efiff -jf
n. phrase business and communication. In sfof{no k|of]hgsf]
Nepal, Nepali is the official language efiff_
464. ombudsman n. A Swedish word meaning u'gf;f] ;'Gg] /
'spokesperson' but referring to an To;sf] 5fgljg ug]{
official receiving complaints from clwsf/L
the public and able to inquire into
them, usually relating to behaviour
of officials. Has entered the English
language
465. opposition n. The state or act of opposing; (more ljkIf
58
likely in C), the members of the main
house of the legislature who are not
supporting the government

A Glossary of Constitutional Terms


466. ordinance* n. Lesser law than an act, but made cWofb]z
under authority of the constitution
and not of another statute; in India
and Nepal, used of law issued by
the government at a time when
Parliament is in recession
467. organ n. A functioning part—of the human cª\u -jf lgsfo_
body; (more likely in C) of the state
machinery
468. organization n. An organized group of people ;ª\3–;+:yf
-jf ;ª\u7g_ P
469. origin n. The place where something begins, pTklQ -jf pb\ud_
where it springs into being; 'place of
origin' of a person might mean the
place of his birth or the place where
his ancestors come from
470. oversight n. Failure to notice or to do something; 5'6]sf], e'nr's
(more likely in C) activity of
overseeing or supervising: 'oversight
of security services'
471. paragraph n. In C, usually refers to a part of the cg'R5]b
constitution or a schedule (see the
appendix for parts of a constitution)
59
472. pardon* v. and n. (vt.) To forgive or excuse somebody dfkmL
for an offence; (n.) the act of
forgiving

A Glossary of Constitutional Terms


473. Parliament n. Body of people responsible for ;+;b\
making and changing laws; legislature
474. Parliamentary adj. Relating to Parliament ;+;bLo
475. part n. Division of a statute or constitution, efu
usually including a number of articles
or sections (see the appendix)
476. participate vi. Take part or become involved in an activity ;xefuL x'g'
477. participation* n. The act of taking part in something ;xeflutf
(sometimes carrying overtone/
implication of popular participation)
P
478. participatory adj. Providing an opportunity for ;xeflutfd"ns
individual participation
479. particular n. and (n) An item or detail: 'in any ljj/0f -jf Joxf]/f_
adj. particular'. Often used in the
plural 'particulars of the proposed
legislation'; (adj.) a specific 'person
adhering to a particular religion'
480. partisan adj. and n. Showing too much support for one ljefhg
person, group or cause
481. partner n. A person who takes part in an activity ;fe]mbf/ -jf
with another, including business partner dltof/ jf ;xof]uL_
(which may be used in a technical,
60
legal sense); life partner—functional
equivalent of spouse not necessarily of the
opposite sex

A Glossary of Constitutional Terms


482. part-time adj. For less than the standard number of cf+lzs ;do
hours: 'part-time appointment'
483. party n. A political organization whose bn jf kf6L{ -jf
members have the same aim and kIf_
belief; side in an argument or court
case
484. penalty n. Punishment ;hfo -jf b08_
485. pending* adj. Waiting to be decided or settled: ljrf/fwLg jf
'pending case' d'NtjL -d'2fsf]
;Gbe{df_ P
486. people n. Plural of person; 'all the people'; hgtf
'people of Nepal'; a group sharing
ethnic/linguistic affinity and a sense
of shared identity: 'the peoples of
Ethiopia'
487. permit v. and n. (v.) To give permission; to allow cg'dlt lbg' -lqm=_,
(n.) such a permission cg'dltkq -gf=_
488. person n. Human being as an individual; (in JolQm
legal terms) may include organizations
such as companies
489. personal adj. Belonging to a particular person JolQmut
rather than a group; 'personal law' 61
means a law that applies to persons as
members of group within a society,
e.g. Muslim Law in India

A Glossary of Constitutional Terms


490. personnel n. The people employed in an sd{rf/L
organization; staff
491. petition n. A formal written request appealing to lgj]bg -jf oflrsf_
somebody in authority ( sometimes
specifically to Parliament); a formal
application made to a court of law
492. plead vt. Apart from its ordinary meaning, may ax; -jf k}/jL_
mean to put forward argument in a
court; a person accused of offence
pleads guilty or not guilty
P 493. pleader n. Used in some countries as the name ax;stf{ -jf k}/jL
of a certain type of legal practitioner ug]{ JolQm_
494. police n., vt. (n.) Official organization whose k|x/L
responsibility is to keep public order;
(v. rare in C) carrying out policing
function
495. policing n. and adj. (n.) Keeping order, activities of police; zflGt ;'/Iff sfod
(adj.) in C, is likely to mean 'policing ug'{
policy'. Used in popular speech
496. policy n. A plan of action, statement of ideas, gLlt
etc. proposed or adopted

62 497. political adj. Relating to politic: 'political rights' /fhgLlts


498. political bargaining Political negotiation or agreement /fhgLlts
n. ;f}bfjfhL -jftf{_

A Glossary of Constitutional Terms


499. polling n. Conducting of public opinion polls dtbfg

500. polling booth n. A small area enclosed within a polling dtbfg s]Gb|
station, within which voters mark
ballot papers or otherwise cast vote

501. polling station n. A place where voters cast votes dtbfg s]Gb|

502. pollutant n. A substance or matter which makes k|b'if0f


physical environment unclean
(extended to noise)
P
503. portfolio n. The package of responsibilities of a sfo{ef/
government minister

504. power n. In C, probably refers to legal capacity zlQm -jf clwsf/_


to do something: 'legislative power'
means power to make laws
505. practicable adj. That can be put into practice Jojxf/f]kof]uL
effectively in a common sense way

506. practical adj. Concerned with reality and action Jojxfl/s


rather than theory and ideas

507. practice n. The doing of something regularly or Jojxf/ -jf 63


the exercise of a certain profession: cEof;÷k|yf_
'legal practice'

A Glossary of Constitutional Terms


508. practise vt. To do something repeatedly or cEof; ug'{
regularly (in ordinary speech it
may mean to keep trying to get
better but this is unlikely to be the
constitutional usage); most likely to
refer to practising a profession; (n.)
in American documents could mean
practice
509. preamble n. A recital at the beginning of many k|:tfjgf
constitutions, treaties and some acts
to explain the mind of the makers of
P
the documents
510. preliminary adj. or (adj.) Beginning or preparatory: k|f/lDes
(in plural) n. 'preliminary meetings' (pl. n.);
things done at the begining: 'the
preliminaries'
511. prejudicial* adj. Affecting somebody unfavourably: lxtsf] k|lts"n -jf
'prejudicial publicity' k"jf{u|xL_
512. premier n. The head of government, especially at k|wfgdGqL
a level below the national government
(in a federation, such as in Canada—
though India uses 'chief minister')
513. premier adj. Of the highest position or importance ;a}eGbf dxTjk"0f{
64
514. prescribed* adj. Authoritatively required: 'prescribed tf]lsPsf]
by law' means law requires that it be
done

A Glossary of Constitutional Terms


515. present adj. and v. (adj.) (Of a person) in a particular pkl:yt
place at a particular time (not absent);
(vt.) put forward: 'present a proposal'
516. president n. The head of state in some countries ;efklt jf /fi6«klt
or of some other body (e.g. of a
university or corporation)
517. presides vi. Leads or is in charge of a conference, cWoIftf ug'{
meeting, etc.
518. presumption n. Law assumes something without cg'dfg
its being proved: 'presumption of -jf c8\sn_ P
innocence means that the law assumes
a person is innocent unless proven
guilty
519. prevail vi. To take priority (in case there is a k|an x'g' -jf
conflict of rules) k|rngdf /xg'_
520. preventive Imprisonment (in situations where lgjf/s gh/aGb
detention* n. there may be no trial)
phrase
521. Prime Minister* n. The head of government chairing k|wfgdGqL
the council of ministers (used
in the parliamentary system of
government)—and in federal 65
parliamentary systems to refer to the
head of government at the national
level

A Glossary of Constitutional Terms


522. principles n. Guiding rules or a system of moral l;4fGt
behaviour
523. privilege n. A special right or immunity granted; ljz]ifflwsf/ jf
sometimes means protection from ;'ljwf
legal consequences of action that
would apply in other circumstances or
to other people
524. privileges of the Immunities or special rights legally ;efd'vsf]
speaker* n. phrase granted to the speaker ljz]ifflwsf/
525. procedure n. The rules and methods of a legal sf/afxL -jf k|lqmof
P
process or those of Parliament or jf k4lt_
other body
526. proceedings n. On-going activity of a body such as a sf/afxL
court, legislature or conference
527. process n. A particular course of action k|lqmof
intended to achieve a result (may
be a prosecution process, legislative
process, budgetary process, etc.)

528. proclamation* n. A formal public statement (sometimes 3f]if0ff


has legal force)

66
529. procurement n. The act of getting possession of vl/b
something (in C, usually the process
by which the government decides on
and acquires services, goods, etc.)

A Glossary of Constitutional Terms


530. progressive adj. Moving forward: 'progressive k|ultzLn
realization of rights'; 'progressive
taxation' (means the rate increases on
higher incomes); 'progressive person'
(having modern ideas)
531. promote vt. To further (progress or interests, etc.): k|j4{g ug'{ -jf
'promote the language'; 'promote a9'jf ug'{_
rights'
532. promulgate* vt. Put a law into effect by a formal -;+ljwfg_ nfu' ug'{
proclamation
533. property n. A tangible or intangible thing that is ;DklQ P
owned by someone; (less likely in C)
a quality of something
534. proportional A family of electoral systems based ;dfg'kflts lgjf{rg
electoral system n. on the principle that the proportion k|0ffnL
phrase of seats won by a party should
correspond to its share of the overall
votes
535. proportional The representation of all parties in ;dfg'kflts
representation* n. a legislature in proportion to their k|ltlglwTj
phrase popular vote. Used in Nepal also to
refer to representation proportionate
to ethnic and other make-up of the
whole nation 67

536. prorogation n. Discontinuing meetings (of a cGTo ug]{ sfd


legislative body) without dissolving it

A Glossary of Constitutional Terms


537. prorogue* vt. To discontinue a session of (usually cGTo -jf :yug_
Parliament)
538. prosecute vt. To initiate a criminal court action d'2f rnfpg' -jf
against; (less likely in C) carry forward ph'/L lbg'_
some course of action 'prosecute a
war'.

539. prosecution n. The act of prosecuting d'2f rnfpg] sfd


-jf ph'/L jf
gfln; ug]{ sfd_
P
540. prosecutor n. A person who brings prosecution; ;/sf/L jlsn
person whose profession is to bring
prosecutions

541. prospective(ly) adj. (adj.) 'Prospective' means concerned ;Defljt


and adv. with or related to the future., (adv.)
'prospectively' means in the future; 'a
state of emergency may be effective
only prospectively'
542. provide vt. or (vt.) 'Provide' means make available: pknAw u/fpg' -jf
provide [for ] vi. 'provide services, etc.'; (vi.) 'provide k|bfg ug'{_
for' refers to rule or law: 'legislation
must provide for…'
68 543. provided that* Subject to the condition that; on the t/ -;+ljwfgsf]
conj. fulfilment of the condition that k|of]u_, ;zt{
-;fdfGo cy{df_

A Glossary of Constitutional Terms


544. province n. A territory governed as an k|fGt
administrative or political unit of a
country, whether federal or not
545. provincial adj. Characteristic of a province or their k|fGtLo
people: 'provincial legislative power'
546. provision n. (see A stipulation or qualification, k|fjwfg
provide) especially a clause in a document -jf Joj:yf_
or agreement: 'the provisions of
this constitution'; 'the provision of
services'
P
547. public adj. and n. (adj.) Not private; open to; (n.) ;fj{hlgs
concerning the people as a whole -jf ;/sf/L_
548. Public Service In Nepal, a constitutional body nf]s;]jf cfof]u
Commission* n. created for regulating the appointment
phrase of civil servants
549. punishable adj. Liable to or deserving punishment: b08gLo
'punishable behaviour'
550. purport n. and vi. (n) 'Purport and objects of the Bill of clek|fo
Rights'; (vi.) to mean; to intend (used
of document or person)

551. purpose n. An anticipated outcome that is p2]Zo 69


intended or that guides actions
552. pursuant [to] adj. In conformance to or agreement with adf]lhd

A Glossary of Constitutional Terms


553. pursue vt. Carry further or advance cjnDag ug'{
554. quorate adj. Having a quorum present u0fk"/s ;+Vof
/x]sf]
555. quorum n. The minimum number of members u0fk"/s ;+Vof
of an organization ( e.g. Parliament)
needed to conduct business
556. race n. People who belong to the same j0f{
genetic stock
557. racial adj. Of or related to genetically hftLo
distinguished groups of people
Q
R 558. ratification* n. Making something valid by formally cg'df]bg
approving or confirming it: 'a
referendum may ratify a constitution';
'Parliament may ratify a treaty'
559. reasonable adj. Showing reason or sound judgment; ts{;ª\ut
meeting generally acceptable -jf cf}lrTok"0f{ jf
standards: 'reasonable measures' (note: dfGo_
latter does not necessarily say anything
about a person's state of mind)
560. recess n. A temporary cessation of the lj>fd -;+;b\ jf
customary activities of a body like cbftnt cflbsf]
Parliament lj>fd_
70
561. recognize vt. Accept (someone) to be what is dfGotf lbg'
claimed; accept (his/her) power and -jf :jLsf/ ug'{_
authority

A Glossary of Constitutional Terms


562. reconciliation n. Re-establishing cordial relations d]nldnfk
563. re-enact vt. In C, probably means to repeat the k'gMsfo{;Dkfbg ug'{
process of turning a document into
law (because it has expired [see 'enact'])
564. referendum n. A popular vote by the electorate to hgdt ;ª\u|x
decide an issue, not to choose people
565. referred v. (vt.) To submit (a matter in dispute) to lg0f{ofy{ k]z ug'{
an authority for arbitration, decision -jf ;Gbe{ k|:'tt
or examination; (vi.) 'referred to' ug'{_,
means mentioned l;kmfl/; ul/Psf]
566. reflect vt. Mirror (e.g. 'proportional representation' k|ltlalDat ug'{ -jf R
means that the number of seats reflects b]lvg'_
the voters' preference)
567. regard In C, usually in phrases like 'having Wofgdf /fVb}
regard to means taking account of -;+ljwfgsf] ;Gbe{df_,
cfb/ -jf :g]x_
-;fdfGo cy{df_
568. regarded vt. Looked upon or considered in a Wofg jf dxTj
particular way: 'regarded as valid' lbOPsf]
569. regarding prep. Concerning; with regard to ;DaGwdf
570. region n. In C, usually means a geographical 71
If]q
area (the region may have specific
powers)

A Glossary of Constitutional Terms


571. register* n., vi. and (n.) An official written record of names or btf{ vftf jf
vt. events or transactions: 'register of electors'; k'l:tsf -gf=_,
'land register' (vt.) to cause oneself or btf{ ug'{ -lqm=_
something else to be registered
572. registered adj. Officially listed in a register btf{ ePsf] -jf
btf{jfn jf k~hLs[t_
573. registrar n. An officer of a corporation or state kl~hsflwsf/L -jf
responsible for maintaining records (e.g. /lhi6«f/_
of ownership, marriages, voters, etc.)
574. regular adj. In accordance with fixed order or lgoldt
procedure, time or principle
R
575. regulate vt. To control or direct according to lgoldt ug'{ -jf
rules, principles or laws Jojl:yt ug'{_
576. regulation n. Rule; may be used (in singular or lgod jf Joj:yf
plural) technically to refer to a set of
rules passed under the authority of
the legislature
577. relieved of office * Dismissed from office kbaf6 x6fOPsf]
n. phrase
578. religion n. Belief in and reverence for a wd{
supernatural power or powers
regarded as creator and governor of
72
the universe; a particular system of
faith and worship based on religious
belief

A Glossary of Constitutional Terms


579. religious A group of religious congregations wfld{s ;Dk|bfo
denomination n. having its own name and some
phrase distinctive practices within a
religion (e.g. Baptists are a Christian
denomination)
580. remit* vt. Refer (a matter or legal case) to sd ug'{ -;hfo
another committee or authority or sd ug]{ ;Gbe{df
court for decision ;+ljwfgsf] k|of]u_,
ljrf/fy{ jf lg0f{ofy{
k|:t't ug'{
581. remuneration* n Pay for services or work kfl/>lds
582. render vt. Carry out services or make something k|efljt ug'{ -jf R
different: render a trial unfair c;/ ug'{_
583. renounce* vt. Give up (e.g. a title or citizenship), Tofu]sf]
especially by formal announcement
584. repeal n. A legislative act that removes an vf/]h jf /2 ug'{
enactment from the body of laws -jf vf/]hL_
585. report n. and v. (n.) A written document usually k|ltj]bg -gf=_,
describing the findings of some hfgsf/L lbg' jf
individual or group; (v.) to formally u/fpg' -lqm=_
tell somebody something
586. representation n. Acting on behalf of another (e.g. k|ltlglwTj 73
legal representation): 'the function
of a member of Parliament is the
representation of his constituency'

A Glossary of Constitutional Terms


587. representative n. (n.) An advocate or person who k|ltlglw -gf=_,
and adj. represents someone else's policy or k|ltlglwd"ns
purpose (in a court, Parliament or
elsewhere); in a political context,
distinguished from delegates; (adj.)
'representative government'

588. reproductive adj. Producing new life or offspring; k|hgg


'reproductive health' means a person's
health in relation to functions of
producing children

R 589. republic n. A political system in which the u0ftGq


supreme power lies not with the
monarchy but with citizens

590. repugnant adj. In C, probably means 'inconsistent aflemPsf]


with' (law or with morality or advice)

591. require vt. To call for as obligatory or cfjZos x'g'


appropriate; demand -jf cfjZos kg'{_

592. requisition n. The act of requiring; an authoritative clwu|x0f


request or demand, especially by a
74 military or public authority who takes
over something (usually temporarily)
for military or public use

A Glossary of Constitutional Terms


593. reservations n. In India, the act of reserving a cf/If0f -jf z+sf_
certain number of positions for
specific groups: 'reservations of seats
for minorities in Parliament'; in C
elsewhere, more likely means doubts:
'if the president has reservations
about a bill…'

594. reside vi. In C, usually means to live: 'reside in a;f]af; ug'{


the country'

595. residual power n. Power (usually to make laws, etc.) left cjlzi6 clwsf/
phrase after others have been allocated
R
596. resignation* n. The act of resigning (from a post or /flhgfdf
position)

597. resolution n. A formal decision made by a body like lg0f{o jf cfb]z,


Parliament; determining a matter of ;ª\sNk
dispute: 'resolution of a dispute'

598. resolve vt. Reach a conclusion after a discussion lg0f{o ug'{ -jf
or deliberation ;dfwfg ug'{_

599. respect n. and vt. (n.) 'Respect for human rights, etc.' cfb/ -jf ;Ddfg_
means observance of and regard for; -gf=_, cfb/ ug'{ -jf 75
'in respect of' means in relation to; (vt) ;Ddfg ug'{_ -lqm=_
to honour (e.g. rights)

A Glossary of Constitutional Terms


600. responsible adj. Liable to be required to give account, lhDd]jf/
as of one's actions or of the
discharge of a duty or trust; similar
to accountable or having a duty:
'responsible for the administration of
justice'
601. responsibility n See responsible pQ/bfloTj
-;+:yfut_,
lhDd]jf/L -JolQmut_
602. retroactive adj. Having an effect on something that klxn]b]lv g} nfu'
happened in the past—used of law x'g]
R
603. retrospective adj. Concerned with or related to the past: Ef"k|efjL -ljutsf]
'retrospective effect' ;/f]sf/ jf
ljut';Fu ;DalGwt_
604. revenue n. Government income from taxation or /fh:j
fees
605. revolution n. A far-reaching and rapid change qmflGt
in ways of thinking and behaving;
the overthrow of a government by
unconstitutional means
606. right adj. (Of behaviour, actions, etc.) required clwsf/ -jf 7Ls_
76 by law or duty
607. right to privacy n. The right to keep certain things to uf]kgLotfsf] xs
phrase oneself

A Glossary of Constitutional Terms


608. rule of law* n. The condition in which every member sfg'gL zf;g
phrase of society, including its ruler, accepts
the authority of the law; carries
implication that this applies equally to
government

609. rule n. A statement of what can or should be lgod


done in particular circumstances (also
sometimes narrowly refers to rules of
court—to procedural rules)

610. schedule* n. A programme of work to be done or cg';"rL -jf


a programme of planned events; an sfo{tflnsf_
appendix to a statute or constitution
S
(see the appendix)

611. seat n. A place in the membership of a cfzg -jf lgo'Qm


law-making assembly, a council or a ug'{_
committee
612. secret ballot n. A system of voting in which one's uf]Ko dtbfg
phrase choice of candidate is kept secret

613. section n. A department of an organization, Zffvf -jf kmf“6_


institution, etc. or part of legislation
or a constitution (see the appendix)
614. secular adj. Not religious: 'secular state' means a 77
wd{ lg/k]If
state that does not have a state religion
(may have other implications too)

A Glossary of Constitutional Terms


615. security n. and adj. (n.) Safety of citizens; things of value ;'/Iff
used as guarantee that one will pay
money owed; (adj.) 'security forces'
describes forces with the responsibility
to ensure the safety of people
616. sedition* n. A criminal offence—through words /fhb|f]x
or actions—intended to make people
oppose the authority of the state
617. seditious adj. Having the intent that would amount /fhb|f]xL -jf kL8s_
to the offence
618. self-determination The right of a nation, country or cfTdlg0f{o
(right of) n. people to decide what form of -jf :jlg0f{o_
S government it will have or decide its
future
619. self-executing adj. Used of treaty that has legal effect :jtM sfof{Gjog x'g]
without any need for national
legislation (literally means it needs
nothing else to be legally effective)
620. self-government n. The act of governing oneself (entirely :jfoQ zf;g
or to some extent) as a people or
country
621. self-governing adj. Describes a territory that governs :jzf;g
itself
78
622. self-incriminating Suggesting by own statement or act ck/fw :jLsf/f]lQm
adj. that one is guilty of crime, etc.: 'self-
incriminating evidence'

A Glossary of Constitutional Terms


623. self-incrimination The act of incriminating oneself: ck/fw :jLsf/
n. 'privilege against self-incrimination'
624. senate n. The upper house of the law-making l;g]6
assembly in some countries such as -cd]l/sf, k|mfG;,
France, USA, Australia, etc. c:6«]lnofnufotsf
s]xL d'n'sx¿df
;+;b\sf] dflyNnf]
;bg_
625. senator n. A member of the senate l;g]6sf] ;b:o
626. sentence n. The punishment given by a law court b08, ;hfo
after it finds someone guilty of an
S
offence

627. serfdom* n. The social and economic system afFwf agfpg


under which land is cultivated by -aFw'jfsf] cy{df_
serfs; state of being serf (little
different from slave)

628. service n. Employment in duties or work for ;]jf


another, especially for a government;
a government branch or department
and its employees: 'civil service'; an act
performed 79
629. servitude n. The state of being forced to work for k/flwgtf
others and having no freedom

A Glossary of Constitutional Terms


630. session n. A meeting for the execution of a clwj]zg
group's functions: 'parliamentary
session'
631. sexual orientation Preference in sexual relations; n}ªl\ us
n. phrase attraction to people of the opposite cled'vLs/0f
sex, same sex or both
632. sexuality n. Sexual behaviour. Now often used to n}ª\lustf -jf of}g
mean the way a person reacts sexually cfr/0f_
to others (in all its implications); thus
includes, but not limited to, issues of
sexual preference
633. shall* v. aux Indicating obligation to act (cf 'may') ug]{ -jf ul/g]_
S
(Note: in law, it has many shades of
meaning)
634. single transferable A method of voting where voters Psn ;ª\qmd0fLo
vote* n. phrase rank candidates in order, and dt
unneeded or unused votes are
transferred according to voters' stated
preferences (a proportional electoral
system)
635. sitting n. A period during which a law court, a}7s
Parliament, etc. conducts its normal
80 business
636. slavery* n. The practice of having slaves bf;Tj -jf bf;
k|yf_

A Glossary of Constitutional Terms


637. society n. The totality of social relationships ;dfh
among humans; a group of
humans broadly distinguished from
other groups by mutual interests,
participation in characteristic
relationships, shared institutions and a
common culture
638. sovereign* n. and (n.) A person with the highest power ;fj{ef}d
adj. in a country, especially a king or a
queen; (adj.) having no limit on power
(sovereign state, etc.) other than in the
constitution (not being a colony, etc.)
S
639. Speaker* n. The person who holds the office with ;efd'v -;+ljwfgsf]
the responsibility for chairing a law- k|of]u_, jQmf
making assembly -;fdfGo cy{df_
640. sphere n. A range or extent of interest, activity, If]q -k|efj, clwsf/
influence, etc. cflbsf]_

641. Standing Remaining in force (permanent; one :yfoL ;ldlt


Committee* n. that meets regularly)
phrase

642. Standing Orders n. A set of rules that remain in force :yfoL cfb]z
phrase until the rules are specifically changed 81
or withdrawn, especially relating to
parliamentary procedure

A Glossary of Constitutional Terms


643. state n. An organized political community /fHo
with its government in a sovereign
state or a constituent unit of a
federation

644. state of Situation officially declared in a ;ª\s6sfn


emergency* n. country due to certain conditions
phrase whereby certain extra powers are
given to the executive

645. statute n. Usually refers to enactment ljwfg


(sometimes the rules governing some
body such as a university)
S
646. structured adj. The state of being well planned or Jojl:yt
organized

647. structure n. A particular system, pattern, ;+/rgf -jf 9fFrf_


procedure or institution (e.g. of
government); a man-made object such
as building, shelter, etc.

648. subject n. and adj. (n.) Any member of a state apart from /}tL jf k|hf
its supreme ruler; 'subject of' means -s;}sf] cwLgdf
82 dealt with by (of law, etc.); (adj.) under /x]sf] cy{df_
some person, authority or power:
'subject people'

A Glossary of Constitutional Terms


649. subject to* vt. and (vt.) Required to obey something or cGtu{t /xL
n. somebody; (n.) under the authority -;+ljwfgsf] k|of]u_,
of something or somebody; afWo u/fpg'
sometimes introduces qualification to -;fdfGo cy{df_
a statement: 'subject to the following
article…'
650. subjected [to] vt. Made the subject of something OR5flj?4 jf
unpleasant: 'subjected to forced ank"j{s sfddf
experiments' nufpg'
651. submissions n. Documents/arguments formally btf{ jf k|:t'tL
presented

652. submit [to] vt. and (vt.)To suggest or argue; (vi.) (less k|:t't ug'{ S
vi. likely) to recognize superiority of:
'submit to authority'

653. subordinate* n. (adj.) Lower in rank or position: dftxt -jf ;xfos_


and adj. 'subordinate legislation' means
legislation (rules regulatios, etc.) made
under authority of a statute but not by
Parliament
654. subparagraph n. A part of a paragraph (see the cg'R5]bsf] efu
appendix)
83
655. subsection n. A part of a statutory section (see the pkbkmf
appendix)

A Glossary of Constitutional Terms


656. subsidiarity n. The principle that powers should kl/k"/stf -jf
be exercised at the lowest level ;lGgs6tf_
of government at which they can
effectively be exercised (European
Union principles adopted in some
countries with devolution)

657. subsidiary n. and (n.) A company owned by another; ;xfos -jf


adj. (adj.) lower 'subsidiary legislation' kl/k"/s÷;lGgs6_
means subordinate legislation
658. summoning vt. Calling another in an official matter, cfXjfg
such as to attend a court hearing
S
T 659. supplementary Additional sum estimated and for Kf"/s cg'dfg
estimate* n. phrase which authorization is sought from
the legislature
660. supreme adj. Highest (of courts, commanders, etc.) ;jf]{Rr

661. supreme The supreme above the commander- k/dflwklt


commander* n. in-chief of the army/military (used in
phrase Nepal for the position of the king, and
in some countries for the commander
of combined forces: 'Supreme
84 Commander of Allied Forces'

662. Supreme Court n. The highest court (formal title in ;jf]{Rr cbfnt
phrase many countries)

A Glossary of Constitutional Terms


663. tax* n. and vt. Levy or money to be legally paid to s/
the government not in return for
services; (v) to impose tax

664. taxation n. Raising money by taxes s/ k|0ffnL

665. tenure n. A legally prescribed period for sfo{sfn -jf


holding a public position; (rare) kbfjlw_
system of land holding

666. tenure of office* A legally prescribed period for Kfbfjlw


n. phrase holding an office

667. term n. A period of time; provision of cjlw -jf Dofb_


agreement T

668. term of office* n. A fixed period of time for holding an Kfbfjlw


phrase office

669. terms (in terms of) Used in South Africa to mean cg';f/ -jf
n. 'according to or under' a law or C k|fjwfg_

670. terminate vt. In C, would be transitive verb ;dfKt ug'{ -jf


meaning to bring to an end: 'terminate cGTo ug'{_
an appointment'
85

671. termination n. The act of ending something ;dflKt

A Glossary of Constitutional Terms


672. territory n. The geographical area (e.g. under the If]q
jurisdiction of a sovereign state): 'the
territory of Nepal comprises…'; a
part of a federal system with limited
powers (as in Canada and Australia)

673. tie* n. Equality of votes dt a/fa/ x'g'


-jf ;fdflhs
;DaGw, ;fdfGo
cy{df_
674. tier of government Level of government ;/sf/L tx
n. phrase
675. title* n. A formal appellation attached to the pkflw, zLif{s,
T
name of a person or family by virtue kbjL
of office, rank, hereditary privilege,
noble birth or attainment, or used as
a mark of respect; the heading that
names a document or statute

676. torture vt. and n. Physical/mental treatment of an oftgf


extreme kind: 'right not to be tortured'

677. traffic (in human Implies illegal trade (in drugs, animals a]rlavg -dfgj_,
beings*) n., vi. and or human beings) cf];f/k;f/ -nfu'
86 vt. kbfy{_
678. transformation n. A major qualitative change ¿kfGt/0f

A Glossary of Constitutional Terms


679. transition n. The process or period of changing ;ª\qmd0f
from one state or condition to
another ('transitional provisions' in a
constitution cover the move from one
constitution to another)
680. transparency n. The state or quality of being kf/blz{tf
transparent; in C, usually used of
government processes being open to
public scrutiny
681. treaty* n. An agreement between countries ;lGw–;Demf}tf
and international bodies, binding in
international law
682. trial n. Legal proceedings consisting of the ;'g'jfO
judicial examination of issues by a U
competent tribunal
683. tribe n. A group of people related by blood or hflt
marriage (larger than a clan)
684. tribunal* n. A decision making body, similar to cbfnt -jf vf;
a court, sometimes for a specific s'/fsf] lg0f{osf
purpose, perhaps unofficial or at a nflu agfOPsf]
lower level: 'legislation must provide cfof]u_
for the review of administrative action
by a court or an impartial tribunal' 87
685. ultra vires L Beyond the legal power or authority clwsf/ aflx/sf]
of a person or official or body, etc. s'/f

A Glossary of Constitutional Terms


686. unanimous adj. Sharing the same opinions or views ;j{;Ddt
687. unconstitutional Contrary to the provisions of the c;+j}wflgs
adj. constitution
688. unfairly adv. Not rightly or justly (suggests lack of cGofok"0f{
balance)
689. unicameral adj. (Legislature) composed of one Ps;bgfTds
chamber
690. union n. Unit formed from others, or of ;+3
people: 'Union of India'; 'trade union'
691. unity n. The quality of being united into one Pstf
692. unitary adj. Characterized by or constituting a PsfTds
form of government in which power
is held by one central authority (not
V
federal)
693. unreasonable adj. Not fair to others; what any Tfs{;ª\ut gePsf],
reasonable person would not do a]d'gfl;a
694. untouchable Defiling to the touch; especially used c5't
in traditional Hindu belief to refer to
the lowest caste or castes
695. uphold vt. Support—traditions, laws, etc. Kffngf
88 696. vacant adj. Without an occupant or incumbent l/Qm
697. valid adj. Probably in C, means not conflicting dfGo -jf j}w÷sfg'gL
with law; well based or logical; sound dfGotf k|fKt_

A Glossary of Constitutional Terms


698. verdict n. The decision of a court (or in some Kfm};nf
countries a jury). Used of criminal cases
699. vest vt. To place legal power or right in a person clwsf/ k|fKt -jf
or body (e.g. Parliament is vested with lglxt_
the power of making laws, or property is
vested in a person, or 'executive power is
vested in the head of state', etc.). Note:
most often seen in the form 'vested'
700. veto n. Valid power that one can exercise to ljz]ifflwsf/
block a decision (e.g. the power that a
head of state has to reject a bill passed
by the legislature)
701. victim n. A person who suffers from some kLl8t
adverse circumstance: 'victim of
crime'; 'victim of injustice' W
702. violate vt. To fail to respect something; to break xgg x'g', pNnª\3g
the rule ug'{
703. vote vi and n. (vi.) To formally indicate one's choice dt lbg' -lqm=_, dt
in an election or a referendum; (vi.) -gf=_
to officially allocate money (the
legislature votes money); (n.) a head
of money so allocated
704. Vote of Credit* n. Technical term (including in the Indian pwf/f] -k]ZsL vr{_ 89
and Nepali Constitutions) meaning
money voted to government on credit
or trust, with few details given

A Glossary of Constitutional Terms


705. voters n. People who vote or have the right to Dftbftf
vote
706. voting vi. Casting one's vote Dftbfg

707. warrant* n. A written order from some authority cfb]z k'hL{


(the king, a judge, etc.)
708. weaker sections n. Used in the Indian Constitution to sdhf]/ jf
phrase refer to disadvantaged groups ;'ljwfljxLg ju{

709. well-being adj. A state of being happy, healthy: ;DkGgtf


'economic/psychological well-being'
710. without Without adversely influencing or k|lts"n gx'g] u/L
prejudicing* adv. predetermining consequences
phrase
W
711. without prejudice Without affecting ( e.g. another's k|lts"n gx'g]
[to] adv. phrase right)
712. witness n. Someone who sees an event and ;fIfL
reports what happened, especially in
court proceedings.

90

A Glossary of Constitutional Terms


Appendix: Names of Parts of
Legislation in English
• An ordinary statute in many systems (UK, India, etc.) is divided
into sections, which can be divided into sub-sections, sub-sub-
sections and paragraphs. Even the shortest statute must have at
least one section.
• Sections may be grouped into parts.
• Constitutions in some countries is treated the same way as
an ordinary statute; in other countries the main elements are
termed 'articles' not sections; an article is divided into clauses,
sub-clauses and paragraphs. A constitution may sometimes be
divided into chapters (an expression not used for statutes in the
UK because each statute is a chapter).
• A statute or a constitution may have appendices usually called
schedules; these are divided into paragraphs, sub-paragraphs.
91
• Preamble—used in treaties and constitutions but rarely now in
statutes (but still used in Nepal).
• Terminology is not uniform.

A Glossary of Constitutional Terms


The purposes of this Glossary
of Constitutional Terms are to
establish Nepali equivalents of
English constitutional terms, to
standardize Nepali terminologies
relevant to constitutions and to
contribute to the development of
plain language drafting.

International IDEA/Nepal
Jhamsikhel-3, Lalitpur, Nepal
Tel: 977-1-5535252
Fax: 977-1-5535252
E-mail: [email protected]
Website: www.idea.int/asia_pacific/nepal
ISBN: 978-91-85724-20-8

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