Democracy Movement of 2007 and

Its Impact in Legal System

Assistant Professor Shanta Bhandari
Democracy Movement of 2007 and Its
Impact in Legal System
• Every year Falgun 7 of Bikram sambat is
celebrated as National Democracy day in
Nepal.
• A variety of programs are being held across
the country commemorating the day when
the Nepali people stood against the then
autocratic Rana regime and subsequently
establishing democracy for the first time in the
country.
Democracy Movement of 2007 and Its
Impact in Legal System
• This was a political movement against the
tyrannical Rana regime that eventually
resulted in the end of the 104-year-long Rana
rule in the country.
1. King Tribhuvan’s exile
• It is an open secret that Kind Tribhuvan always
had an anti-Rana attitude and wanted to
overthrow the Ranas from power.
Democracy Movement of 2007 and Its
Impact in Legal System
• Hence, he also worked with Nepal Praja Parishad,
a political party formed under the leadership of
Tanka Prasad Acharya to remove the Rana
dictatorship.
• In the very process, King Tribhuvan along with his
family took refuge in the Indian Embassy in
Kathmandu in November 1950.
• Only Prince Gyanendra, a grandson of King
Tribhuvan, was left in the palace. At that time,
Mohan Shamsher JBR was the prime minister of
Nepal.
Democracy Movement of 2007 and Its
Impact in Legal System
• Then, on November 10, 1950, King Tribhuvan
accompanied by his family fled to New
Delhi on two Indian military planes from the
Indian Embassy.
2. Gyanendra’s first stint as the king
• Being infuriated by the move of King
Tribhuvan, Mohan Shamsher JBR called an
emergency cabinet meeting on November 7,
1950, in Singha Durbar.
Democracy Movement of 2007 and Its
Impact in Legal System
• And declared the three-year-old Prince
Gyanendra as the new king of the country. He
was enthroned during a function at the
Hanuman Dhoka Palace the same day.
• However, many countries including India, the
UK, and the USA refused to recognise the new
king of Nepal.
Democracy Movement of 2007 and Its
Impact in Legal System
3.Mukti Sena’s rebellion
• On the same day when child Prince Gyanendra
was crowned as the new king, mass
demonstrations and protests against this act
started in every corner of the country
including the Kathmandu valley.
Democracy Movement of 2007 and Its
Impact in Legal System
• Also, the Mukti Sena, the military wing of the
Nepali Congress party, also known as the
liberation army of the Nepali Congress, started
an armed revolt against the Rana regime. They
were successful in taking control of many
places in Terai.
Democracy Movement of 2007 and Its
Impact in Legal System
4. The Delhi Accord
• King Tribhuvan was formally welcomed in the
capital of India by the Indian Prime Minister
Jawahar Lal Nehru, and other high-ranking
officials.
• After some months in the third round of
negotiations, a tripartite agreement was signed in
New Delhi among the Ranas, Nepali congress and
King Tribhuvan. Later, it was known as the Delhi
Accord.
Democracy Movement of 2007 and Its
Impact in Legal System
• In the accord, the three parties agreed to create a
democratic constitution within two years by an
elected constituent assembly, to not restrict any
political organisations, to free the political
prisoners, to hand over all the arms and
ammunitions to the governments.
• And to make an interim cabinet having 10
ministers, five from Nepali Congress and the
remaining half from the Ranas under the
premiership of Mohan Shamsher and the
ultimate power lies in the monarch.
Democracy Movement of 2007 and Its
Impact in Legal System
5. Return of King Tribhuvan
• Following the agreement, on February 15,
1951, King Tribhuvan returned to Nepal as the
head of the state along with the leading
members of the Nepali Congress party.
• They were welcomed and cheered by a huge
flock of supporters.
Democracy Movement of 2007 and Its
Impact in Legal System
6. The proclamation and the joint government
• On February 18, 1951, King Tribhuvan
declared Nepal’s first steps to democracy with
a historical proclamation. After that, this day is
celebrated as Democracy Day.
• Also, a cabinet was formed headed by Mohan
Shamsher JBR including the members of the
Rana family and the Nepali Congress Party.
Democracy Movement of 2007 and Its
Impact in Legal System
7. Continuity of Mohan Shamsher’s premiership
• Even after the end of the Rana regime, Mohan
Shamsher JBR headed the cabinet as the
Prime Minister of the country and was also
able to enact the new constitution named the
Interim Government of Nepal Act, 1951 until
November 16, 1951.
Democracy Movement of 2007 and Its
Impact in Legal System
• The system of justice of Nepal for a long time was
dispensed through the rich philosophical and
religious scriptures.
• Though the King was ultimate source of justice,
the justice was delivered by the authority
referred to as Dittha and Bichari who were
specially deputed to do this job.
• In the later part of the Nepali judicial history,
Kotilinga and Itachapali (trial courts) were
constituted to impart justice in civil and criminal
matters separately.
Democracy Movement of 2007 and Its
Impact in Legal System
• In 1941, Pradhan Nyayalaya (apex court) was
established as highest court which was, later
on, incorporated in the Interim Government
Act, 1951 giving constitutional recognition of
highest judicial level.
Democracy Movement of 2007 and Its
Impact in Legal System
• The Pradhan Nyayalaya Act, 1952 was enacted to
regulate the apex court, providing power and
functions of the court. It had a power to exercise
original jurisdiction, hear final appeals and review
its decisions.
• The court had power to issue writs of habeas
corpus, mandamus, prohibition, qua-warranto
and certiorari for the enforcement of the rights
infringed by the abuse of power of the state.
Democracy Movement of 2007 and Its
Impact in Legal System
• The decision of this court was taken as final and
incontrovertible.
• In 1956, Supreme Court was established
replacing the Pradhan Nyayalaya aiming at
constituting more dignified court as well as
furthering strengthening of judicial system. It also
had the responsibility of protecting the people's
basic rights, transforming and moulding laws to
suit the democratic spirit and aspiration of the
people.
Democracy Movement of 2007 and Its
Impact in Legal System
• The Supreme Court issued license to the
private law practitioners and thus laid the
foundation of the Bar in Nepal in the first year
of its establishment.
• Different Laws and Constitution were
introduced after Rana Regime .
Democracy Movement of 2007 and Its
Impact in Legal System
In Rana Period –Government Act 2004
After Rana, Constitution of Nepal
• The statute of Interim Rule of Nepal 2007
• The constitution of the kingdom of Nepal 1959
• The constitution of Nepal 1963
• The constitution of the kingdom of Nepal 1990
• The Interim Constitution of Nepal 2007
• The Constitution of Nepal 2015