Introduction

The development of Nepal's constitution has been a long and tumultuous journey, marked by significant historical, political, and social changes. Nepal, a country nestled in the Himalayas, has seen its governance structure evolve from an absolute monarchy to a federal democratic republic. This article explores the key milestones in the development of Nepal's constitution, highlighting the major changes and challenges that have shaped the nation's constitutional history.

1. The Historical Background

Nepal's constitutional development can be traced back to the early 19th century when the country was under the rule of the Shah dynasty. The Rana regime, which began in the mid-19th century, marked a period of autocratic rule that lasted for over a century. During this time, the country had no formal constitution, and political power was concentrated in the hands of the Rana rulers.

2. The 1951 Revolution and the Restoration of the Monarchy

The year 1951 marked a turning point in Nepal's history when the people of Nepal, with the support of the Nepali Congress and other political forces, initiated the democratic movement against the Rana rulers. This movement culminated in the overthrow of the Rana regime and the restoration of King Tribhuvan to power. Following his return, King Tribhuvan initiated a series of democratic reforms and promulgated the interim constitution of 1951, which marked the beginning of constitutional development in Nepal.

3. The First Constitution of 1959

In 1959, Nepal adopted its first full-fledged constitution under King Mahendra's reign. This constitution established a parliamentary system of government, introducing a bicameral legislature with the National Panchayat (parliament) as its cornerstone. However, this constitution centralized power in the monarchy, leading to limited democratic freedoms.

4. The 1990 People's Movement and the New Constitution

Nepal's quest for a more democratic and inclusive constitution gained momentum in the late 20th century. The 1990 People's Movement, also known as the Jana Andolan, led to a significant political transformation. Under the pressure of mass protests, King Birendra agreed to reinstate multiparty democracy and promulgate a new constitution in 1990.

The 1990 constitution was a significant departure from its predecessor. It established Nepal as a constitutional monarchy with a parliamentary system of government. It also enshrined fundamental rights and freedoms, including freedom of speech, press, and assembly, marking a major step towards democratic governance.

5. The Peace Process and the Interim Constitution

Nepal witnessed a decade-long civil conflict between government forces and the Maoist rebels from 1996 to 2006. The peace process, facilitated by the Comprehensive Peace Agreement of 2006, led to the abolition of the monarchy and the establishment of Nepal as a federal democratic republic in 2008.

During the transitional period, Nepal operated under an interim constitution, which provided the framework for the Constituent Assembly elections and the drafting of a new constitution.

6. The 2015 Constitution of Nepal

The promulgation of Nepal's current constitution in 2015 marked a historic moment in the nation's constitutional development. The Constitution of Nepal 2015, also known as the "Constitution of Nepal, 2072" under the Nepali calendar, established Nepal as a federal democratic republic with a multi-tiered system of government. It divided the country into seven provinces, each with its own provincial government.

However, the promulgation of the 2015 constitution was not without controversy. It led to protests and unrest in certain parts of the country, particularly among marginalized communities, who felt that their interests were not adequately represented in the new constitution.

Conclusion

Nepal's journey from an absolute monarchy to a federal democratic republic has been a complex and often challenging process. The country's constitutional development reflects its struggle for democracy, inclusivity, and social justice. While the 2015 constitution represents a significant milestone, ongoing efforts are needed to address the concerns of marginalized groups and ensure the full implementation of its provisions.

Nepal's constitutional history is a testament to the resilience and determination of its people in their pursuit of a just and democratic society. As the nation continues to evolve, it is essential to uphold the principles of the constitution and work towards a more inclusive and prosperous future for all Nepali citizens.

References:

1. Acharya, S. (2011). The Nepal Conflict Report: Causes, Consequences, and Implications. United Nations Development Programme.
2. Poudel, P. (2007). Political Parties and Democracy in Nepal: A Historical Analysis. Journal of Alternative Perspectives in the Social Sciences, 1(3), 711-742.
3. Constitution of Nepal 2015. Retrieved from https://www.wipo.int/edocs/lexdocs/laws/en/np/np020en.pdf last visited on 05/10/2023 at 3:34 pm