Article 17 – Right to Freedom
- (a)freedom of opinion and expression,
- (b)freedom to assemble peacefully and without arms,
- (c)freedom to form political party,
- (d)freedom to form unions and associations,
- (e)freedom to move and reside in any part of Nepal; and
- (f)freedom to engage in any occupation or be engaged in employment, establish and operate industry, trade and business in any part of Nepal.
1. Nothing in section (a) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, independence and indivisibility of Nepal, or federal units, or jeopardizes the harmonious relations subsisting among the people of various caste, ethnicity, religion, or communities, or incites racial discrimination, or untouchability, or disrespects labor, or any act of defamation, or contempt of court, or an incitement of offence, or is contrary to decent public behavior or morality.
2. Nothing in section (b) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, independence and indivisibility of Nepal, or jeopardize the harmonious relations between federal units, or public law and order situation.
3. Nothing in section (c) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, indivisibility of Nepal, or an act of espionage against the nation, or disclosing national secrets, or helping foreign state or organization that may jeopardize Nepal’s security, or an act of treason, or an act that undermines the harmonious relations subsisting between federal units, or instigates communal animosity, or jeopardizes the harmonious relations subsisting among different caste, ethnicity, religious groups and communities, or an act of acquiring or depriving the membership of a political party only on the grounds of caste, language, religion, community or gender, or the formation of a political party that creates discrimination against citizens, or an act that incites violence, or is contrary to decent public behavior .
4. Nothing in section (d) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the nationality, sovereignty, indivisibility of Nepal, or an act of espionage against the nation, or disclosing national secrets, or helping foreign state or organization that may jeopardize Nepal’s security, or an act of treason, or an act that undermines the harmonious relations subsisting between federal units, or instigates communal animosity, or jeopardizes the harmonious relations subsisting among different caste groups, ethnicity, religious groups and communities, or an incitement of violence, or an act which is contrary to public morality.
5. Nothing in section (e) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the interest of the general public, or the good relations between federal units, or the harmonious relations subsisting among various caste groups, ethnicity, religious groups or communities, or an act of committing crime or violence, or inciting such acts.
6. Nothing in section (f) shall be deemed to prevent the making of an Act to impose reasonable restrictions on any act which may undermine the good relations between federal units, or restricting an act which may have negative impact on public health, decent behavior and morality, or the particular industries, trade, business or services which only the state may engage in, or setting conditions or eligibility to engage in industries, trade, business, livelihoods or occupation.
Constitutional Analysis & Interpretation
1. Doctrinal Concept & Legal Meaning
Article 17 enshrines six fundamental civic freedoms: speech and expression, peaceful unarmed assembly, forming political parties, forming unions/associations, free movement and residence across Nepal, and practicing any lawful trade, profession, or business. These rights are circumscribed only by legitimate, proportional, and constitutionally enumerated "reasonable restrictions".
2. Purpose & Constitutional Significance
Acts as the primary legal shield for civil society, pluralistic democracy, investigative journalism, and the free market of ideas in Nepal.
3. Judicial Precedents & Court Practice
The Supreme Court applies strict scrutiny to state restrictions on expression and association, demanding that limitations meet the tripartite test of legality, necessity, and proportionality.
4. Related Constitutional & Legal Provisions
- Press Council Act
- Electronic Transactions Act, 2006
- Political Parties Act, 2017
- Civil Code, 2017