See discussions, stats, and author profiles for this publication at: https://www.researchgate.

net/publication/323524655

Constitution of Nepal and Political Development: Adaption and Challenges of

Article in Janapriya Journal of Interdisciplinary Studies · March 2018

CITATIONS READS

5 2,814

1 author:

Girdhari Dahal
Prithvi Narayan Campus
6 PUBLICATIONS 49 CITATIONS

SEE PROFILE

All content following this page was uploaded by Girdhari Dahal on 10 May 2020.

The user has requested enhancement of the downloaded file.

Girdhari Dahal
Tribhuvan University
Prithivi Narayan Campus, Pokhara, Nepal
Email: [email protected]

Abstract
The present constitution- promulgated by the Constitutional Assembly
(CA) in September, 2015 is the seventh written document in the
constitutional history of Nepal which has institutionalized Federal
Democratic Republic achieved after the success of peoples' movement of
2006. It was made based on the principles of constitutionalism. The
constitution of Nepal has addressed different issues for a modern state
and is regarded as a progressive, people oriented constitution. It has also
paved paths for further economic development. It has opened door for
rights of the people, political stability, restructuring of the state, and
sustainable peace and development of the state. However, there are many
prospects as well as numerous challenges for its proper implementation.
Some Madhes based parties (People of Terai) and ethnic minorities have
criticized the constitution for being unable to address their pertinent
issues fully. However, they have involved in the process of constitution
implementation by participating in first local, provincial and federal level
election held under new constitution. So the government needs to bring the
Madhesh based parties and other groups into a peaceful consensus and
should pave a path for implementation of this constitution. At the same
time, implementation of federalism, election of local bodies, sustainable
peace, political stability and development are among other challenges
faced by this constitution.
Keywords: Constituent assembly, economic development, federal
republic, rights.

148
Janapriya Journal of Interdisciplinary Studies, Vol. 6 (December 2017)
Introduction
Nepal was ruled by different dynasties. Until the time of modern Nepal, it
was ruled by Gopal, Kirant (750-001B.C), Lichchhavi (100-800 A.D.) and
Malla (800-1768 A.D.) dynasties. From 1768 to 2006, Nepal was ruled by
Shah Dynasty (Joshi & Rose, 2004). However, it was ruled by the Ranas
from 1846 to 1951. After the democratic movement of 1951, democracy
was established in Nepal. During the period between 1951 and 2008, there
were different systems of governments: multiparty systems of one decade
after the establishment of democracy in 1951, partyless Panchayat system
of three decades from 1961 to 1990, multiparty system with constitutional
monarchy after the restoration of democracy in 1990, direct rule of the
then King Gyanendra from 2002 to 2006 and the republican system after
the success of peoples' movement in 2006.
The democratic movement was more accelerated after the death sentence
to the four great sons of Nepal. The democratic movement was led by
Bisheswor Prasad Koirala, Pushpalal, Krishna Prasad Bhattarai,
Manmohan Adhikari, Ganeshman Singh and many others. The movement
was highly supported by the public and the then King Tribhuvan as well.
So the political parties, the public and the king could finally overthrow the
Rana rule from Nepal after the successful completion of the democratic
movement in 1951. And, the process of constitutional development in
Nepal has been supported, stimulated and accelerated by each of these
democratic movements.
The main objective of this paper is to explore the constitution of Nepal in
the background of different phases of political development, its adoption,
and challenges of implementation. It has discussed onto the backgrounds of
constitutional history of Nepal. Analysis of the constitution,
constitutionalism and current issues forms the basis of this study.

149
Constitution of Nepal and …
Data and Methods
This paper makes a brief description and analysis of the constitution of
Nepal. It makes the best use of data that were collected from secondary
sources like different constitutions of Nepal, journals, books, etc. are
reference for the purpose of this paper. This paper is basically historical,
exploratory and analytical in nature.
Constitutional History
United States of America, after its independence in 1776, made its
constitution in 1787 through constitution assembly which was later ratified
by two third majorities in 1789. It was the first written – as well as shortest-
constitution in the modern constitutional history of the world. The
constitution of USA has aspirations to establish justice, to insure domestic
tranquility, to provide for common defiance, to promote the general
welfare, and to secure the blessings of liberty to its subjects and posterity
(USA Constitution, 1971:13). Another important nation in the
constitutional history of the world - England- has no written constitution
but its constitutional development is based on- and stimulated by-
Magnacarta (1215), bill of rights and the principal of constitutionalism
(Bhagwan & Bhushan, 1986). The French revolution was established
France's first constitution in 1791. Then constitutional development in
France was evolved through different stages and finally constitution of fifth
republic was established in 1958 which has been provided France with
institutional stability (France, 1996:47). In a country like France, which has
been experienced all possible form of government in the past two hundred
years, the success of the Fifth Republic lies in the fact that it was formed
through a succession of compromises, a mixed bag of unharmonious but
effective of conventional practices (Meny, 1996:11). Like France, Nepal
has practiced and experienced different kinds of constitution in its seven
decade long constitutional history. Nepal has practiced more than six
constitutions in its short constitutional history. Nepal's neighbor country
China declared its first constitution in 1954. After two intervening versions
enacted in 1975 and 1978, the current Constitution was declared in 1982.
150
Janapriya Journal of Interdisciplinary Studies, Vol. 6 (December 2017)
The 1982 constitution- in its preamble, states that China held Chinese
revolution and the people's democratic dictatorship and promises to follow
the socialist road, to steadily improve socialist institutions, to develop
socialist democracy, to improve the socialist legal system and to work hard
and self-reliantly to modernize industry, agriculture, national defense and
science and technology step by step to turn China into a socialist country
with a high level of culture and democracy (The Constitution of the
People's Republic of China, 1982:7).
Present constitution of Nepal is the seventh written constitution of Nepal. It
was made by the Constitutional Assembly (CA). It was made on the
mandate of the peoples' movement of 2006. The first written constitution of
Nepal is the government act 1947 made by Rana Prime Minister Padma
Shamsher. Revolution of 1951 had established democracy in Nepal. and
then king Tribhuvan has announced the interim constitution 1951. He also
announced that the new constitution would be made by constitutional
assembly. But unfortunately king Mahendra himself announced the
constitution kingdom of Nepal 1959 which followed Nepal's first general
election making Bisheswor Prasad Koirala as the first elected Prime
Minister of Nepal. But king Mahendra banned all political parties and
arrested the elected Prime Minister after 18 months and announced party
less Panchayet system. He announced the constitution of Nepal in 1961.
Later, mass movement of 1990 restored democracy in Nepal and made the
constitution of kingdom of Nepal 1990. However, King Gynendra's
takeover of power disrupted the multi party democratic practice of Nepal.
This caused people's movement in 2006 and as per its mandate, interim
constitution 2006 was made declaring people as sovereign body (Dahal,
2014). Then the first constitution assembly election was held in Nepal in
2008. Again, second CA election was held in 2013 which finally made the
new constitution of Nepal in 2015. This constitution announced Nepal as
the federal democratic republic nation. Nepal became the youngest republic
in the world. In this way, Nepal’s seven decade long struggle for a
constitutional development resulted present constitution of Nepal 2015.

151
Constitution of Nepal and …
Constituent Assembly and Constitution of Nepal
After the establishment of democracy in Nepal in 1951 through the
revolution, the government of Nepal announced those four heroes like
Sukraraj Sastri, Gangalal, Dharmabhakta Mathema and Dasrath Chanda as
the great martyrs of the nation. It was also declared that new constitution of
Nepal would be made through the Constitutional Assembly. But the then
king Mahendra announced the Constitution of Kingdom of Nepal 1959
instead of conducting an election of Constitutional Assembly to draft a
constitution. The first general election was held and Nepali Congress got
two third majorities in the parliament. Bisheswor Prasad Koirala was
elected as the first prime minister of Nepal. Unfortunately, after two years,
the then king Mahedra abolished all political parties and started partyless
Panchayat system. This Panchyat system lasted for 30 years. The joint
mass movement led by Nepali Congress and United Left Front launched
against the party less Panchayat system and democracy was restored in
Nepal in 1990. The Constitution of Kingdom of Nepal 1990 was
promulgated with provisions of multiparty democracy with the
constitutional monarch (Constitution of the Kingdom of Nepal, 1990).
General election was held and Nepali Congress got majority in the
parliament. Parliamentary majority party leader Girija Prasad Koirala was
elected as prime minister. However, there could neither be stable
governments nor the governments could bring forth economic development
as per the desire of the people of Nepal. Corruption spread massively. In
the meantime, CPN (Maoist) led by Pushpa Kamal Dahal, “Prachanda”,
started their armed revolution 1996. Earlier Samyukt Janmorcha Nepal
(United People’s Front) had submitted forty point demands to the
government. The points were related to the national issues and peoples’
rights. The government denied addressing the issues and Maoist insurgency
started in the country. They claimed that they were forced to stage the
revolution because after the restoration of democracy, political parties
forgot people’s mandates, and the society is same to the life of the people.
Later in 2001, the royal massacre took place at the palace that ended the

152
Janapriya Journal of Interdisciplinary Studies, Vol. 6 (December 2017)
lineage of King Birendra. Gyanendra became the king after the massacre
and in no time dismissed the government led by Sher Bahadur Deuba as
prime minister. The king took the executive power in his hand and started a
direct rule. This enraged the political parties of that time. They refused the
king’s step and began to stage protests against the step taken by the king.
They did not take part in the election of municipality conducted by the
king. That election with a meager 19% vote casting, it was criticized both
nationally and internationally because of the objection of the parties.
Everywhere there were voices heard against the autocratic rule of the king.
As the political courses developed, the seven parliamentary parties and
revolting Communist Party of Nepal Maoist signed a 12 point agreement in
Delhi in 2006. In that agreement, they agreed to stage the movement to get
democracy in real sense by ending monarchy and to draft a new
constitution from Constituent Assembly. On the basis of that agreement,
they started a united movement for democracy. At first, they started a public
disobedience for four days from 24 Chaitra but that movement continued
for 19 days and ended successfully in April 2006 after the king restored the
parliament that he had dissolved himself.
After that the Comprehensive Peace Accord was signed between the
government and Maoists, Interim Constitution was formed and the election
of CA was held. Unfortunately, the first CA could not finalize the
constitution and it was dissolved. Again the election of second CA was held
and this could successfully draft a new constitution of Nepal in September
2015 (Constitution of Nepal, 2015). Constitutional Assembly was the
dream of Nepali people since 1951 and this dream was fulfilled with the
promulgation of the Constitution of Nepal in 2015. With this constitution,
the government and the people of Nepal foresee peace, prosperity, political
stability, equality and economic development in the nation.
Adoption and Implications of New Constitution
Nepal is a multicultural, multilingual and multiethnic nation. There are 125
different castes/ethnic groups in Nepal (Central Bureau of Statistics, 2011).
Thus, the CA was formed adopting principles of inclusive democracy. This
is a most representative body ever formed in Nepal. The CA had 33 percent

153
Constitution of Nepal and …
women representatives and a good number of Dalits (So-called low caste)
and other disadvantaged groups. This level of inclusive representation is
unprecedented and thus very significant in the political history of Nepal.
People from many different castes, ethnicity and backward groups are
living together in Nepal. Such a communal harmony is often seen as a
special feature of Nepali society. In order to maintain and further promote
this harmonious situation in Nepal, and there by ensure peace, development
and political stability, Nepal needs to address various issues of social
inequalities along the line of gender, caste/ethnicity, religion, and so on.
Nepal is a country of diversity with different tribes, ethnicities, religious
groups, linguistic groups and cultural communities. More than ever, peace
and political stability have become the most necessary things in the
contemporary Nepal. But the country could not bring about desired changes
in social, economic and others sectors even after the restoration of
democracy in 1990. When the King Gyanendra Shah took over the
executive power, then eight political parties (with Maoist) reached the12
points agreement that ultimately ended the autocratic rule. After the success
of mass movement of 2006, CA election was held. The first Constitutional
Assembly incorporated 25 political parties and there were 30 political
parties in the Second CA. There were still several other small parties
outside the CA whose supports and agreements were equally necessary in
order to complete the new constitution in Nepal.
The new constitution of Nepal has provided for seven provinces and 165
election constituencies. The upper house has provided for 110
representatives. So the parliament will altogether have 275 members. When
the CA was in the final process to enact the new constitution, some
Madhesh based political parties were against it. But the major political
parties - Nepali Congress, Communist Party of Nepal United Marxist –
Leninist (CPN UML), United Communist Party of Nepal (CPN) Maoist,
Madhesi Jana Adhikar Forum (Democratic) and other small parties - with
more than 90 percent (CA members) were convinced to pass new
constitution. It is only 10 percent Madhesi political parties who do not
154
Janapriya Journal of Interdisciplinary Studies, Vol. 6 (December 2017)
accept it. The government of Nepal has tried to address their demand
through the first amendment of the constitution of Nepal.
The major political parties have changed their position in second CA as
compared to the first CA. In first CA election first position was occupied
by Maoists but in the second CA, Nepali Congress was in the first position,
CPN UML got second position and Moist got third position. In the present
context, the CA has been changed into the parliament after making the
constitution. But its structure is the same as of second CA. From the time of
promulgation of the constitution and just after that, the Madhes based
political parties have been in continuous struggle against the constitution
and provisions for Madhes. Because of the Madhes movement, Nepal even
faced a serious unannounced blockade (transit war) from India and the
situation in Nepal was very appalling. The situation has little calmed down
ever since the visit to India by then Nepali Prime Minister Khadga Prasad
Oli. Political processes are underway to resolve all the issues related to
Madhes and other dissatisfied groups. However, large majority of the
general public, civil society and various linguistic and other groups has
welcomed the constitution and wanted its implementation for peace,
stability and economic development in the nation.
In Nepal there are multi-castes, multi-linguals, multi-culturals and diverse
geographical specificities. In regard to the economic policy, the preamble
of the constitution of Nepal has stated:
By ending discriminations relating to class, caste, region, language,
religion and gender discrimination including all forms of racial
untouchability, in order to protect and promote unity in diversity,
social and cultural solidarity, tolerance and harmonious attitudes,
we also express our determination to create an egalitarian society on
the basis of the principles of proportional inclusion and
participation, to ensure equitable economy, prosperity and social
justice. (Constitution of Nepal, 2015)
The constitution of Nepal 2015 has incorporated the popularity will of the
people; it has provided more rights than rest of the previous constitution
155
Constitution of Nepal and …
and has provided duties for the first time in the constitutional history of
Nepal. So, it is great achievement in the constitutional history of Nepal.
The constitution expresses commitment to create the bases of socialism by
adopting democratic norms and values, including peoples' (Fedrel, 1998)
competitive multi-party democratic governance system, civil liberty,
fundamental rights, human rights, adult franchise, periodic elections,
complete press freedom and an independent, impartial and competent
judiciary, and the concept of rule of law (Constitution of Nepal, 2015).
The constitution of Nepal has several provisions for the economic
prosperity of the nation, free market and international trade. With the base
of this constitution and political stability in the nation, it is certain to
provide significant economic changes in the nation. A new dimension is
seen in Nepal with the recent promulgation of this constitution. The
constitution is signed by more than 90% of the CA members. This is one
among the highest proportions in the world to support the constitution.
Majority of the political parties, general public, civil society and various
groups in the nation have willingly supported the constitutions and
provisions set therein for the social, political and economic enhancements
of the nation. However, the Madhes based political parties are seen
dissatisfied with some provisions in the constitution. The Madhes
movement, which started just before the constitutional promulgation and
continued thereafter, is still not fully settled down. The government of
Nepal has been putting its efforts to resolve all these issues gradually. The
constitution has already been amended for the first time. With this
amendment, many issues related to the Madhes have resolved and the
government is trying to resolve other genuine issues with the public
consensus and logical dialogues. Not only the Madhesis but there are also
some other ethnic groups who have not been fully satisfied with the
provisions in the constitution, the government is underway to resolve all the
issues with the public mandates. As already discussed, Nepal is a multi-
ethnic nation, and the social harmony that has been prevailing among the
communities since centuries needs to be maintained for the years to come.

156
Janapriya Journal of Interdisciplinary Studies, Vol. 6 (December 2017)
This is the specialty as well as an immense need for a country like Nepal.
The social harmony can only promote the economic prosperity and socio-
cultural diversities in the nation.
So, the government of Nepal has adapted a policy to solve every socio-
cultural issues, that has been seen now or those that could arise in the future
with the public consensus and mandates expressed by the citizens of the
nation through election. This is how, the federal republic democracy can be
institutionalized, peace process can be completed and the nation can march
forward for political stability and economic development. However, there
are different drawbacks in the constitution which need to be amended in the
time being.
Conclusion
Nepal has entered into the new political era with the promulgation of the
constitution of Nepal in 2015. Ultimately, the dream of Nepali people to
draft their constitution through the CA has become a reality. It has now
formally ended feudalistic, autocratic, centralized and unitary system of
governance, and established a people centered democratic republic federal
state. People of Nepal have become the ultimate sovereign power of the
nation. The constitution has paved a path for many prospects ahead of the
people of Nepal. However, many challenges remain ahead of this
constitution. All the unresolved issues should be solved through political
consensus and take the country ahead for developmental works. Nepalese
need to develop democratic culture and develop leadership who are
responsible for the welfare of the state and its entire people. That is what
the spirit of the several democratic movements conducted by people in the
political history of Nepal and it is the demands of the time as well. This
study recommends that long lasting solution of the problem of the Madhes,
efficiency in the functioning of elected bodies at all three levels of
government, implementation of federalism and republic, proportionate
development all around the nation and continuity of the existing social
harmony are the major challenges of the government and constitution of
Nepal.
157
Constitution of Nepal and …
Now local election has already been held in Nepal. Provincial and federal
elections are in the process of being held on the announced election date.
Thus, Nepal has started second political dimension in the political and
constitutional history of Nepal from the announcement to its implication. In
the beginning of 21th century, Nepal has established as federal democratic
republic nation of the world and ended the feudal system. It’s a federal
republic democratic nation and now it is upon the political parties, its
leaders and people of Nepal to properly implement the constitution of
Nepal, resolve the challenges and move ahead for everlasting peace,
stability and economic development.

References
Bhagwan, V. & Bhushan, V. (1986). World constitutions, New Delhi:
Sterling Publishers Ltd.
Central Bureau of Statistics (2011). Census report, Kathamandu: National
Planning Commission, Central Bureau of Statistics.
Constitution Kingdom of Nepal 1990 (1990). His Majesty the Government
of Nepal, Nepal Kanun Kitab Babasta Samittee, Kathamandu.
Constitution of Nepal (2015). Nepal Government, Nepal. Kanun Kitab
Babasta Samittee, Kathamandu.
Dahal, G. (2014).Constitutional Assembly of Nepal: milestone for peace,
development and political stability. Journal of KMC of
Interdisciplinary Studies, 4, 70-77.
Fifth Session of the Fifth National People's Congress (1983). Constitution
of China 1982, Beijing: Foreign Language Press.
Joshi B.L. & Rose, Leo F. (2004). Democratic innovations in Nepal,
Kathamandu : Mandala Publication.
Kanun Anushandhan Tatha Bikas Forum (Fedral) (1998). Constitutional
law of Nepal (Edt.Upreti, V.) Kathamandu.

158
 Janapriya Journal of Interdisciplinary Studies, Vol. 6 (December 2017)
Meny, Yves (1996) The French Political system: La Documentation
Francaise.
Mises, Ludwig Von (1962) Socialism: An Economic and Sociological
Analysis, New Haven Yale University Press,
https://mises.org/sites/default/files/Socialism%20An%20Economic
%20and%20Sociological%20Analysis_3.pdf
The Constitution of the United States of America (1971).The declaration of
Independence.
The Institutions of the Fifth Republic (1995). Ministry of Foreign Affairs.

159

View publication stats