Unit 4: Democracy and Election

Concept of Democracy

The origin of the term democracy can be traced back to ancient Greek. Democracy is derived
from the Greek word “Kratos,” meaning power or rule. Democracy thus means “rule by demos”
(the people).

Democracy has been defined in different ways by different writers. Herodotus, the Greek
writer, defined democracy as that form of government in which the supreme power of the state
was vested in the members of the community as a whole. This is still the best definition of
democracy and has been accepted by Lord Bryce and many other writers. Another well known
definition is given by the American President Abraham Lincon, according to whom; democracy
is the government of the people, for the people, by the people.

In Brenard Cricks word (1993), “Democracy is perhaps the most promiscuous word in the world
of public affairs”. A term that can mean anything to anyone is in danger of meaning nothing at
all. In its ideal form, democracy is a form of government, which ensures that:

1. All people are treated equally.

2. People with different views are accepted and allowed to participate in government.
3. Elected and appointed officials are responsive to citizens need.
4. People are aware of what their government is doing and how it is making decisions.
5. Elections are held regularly, freely and fairly.
6. Losers in elections accept the elections results.
7. Citizens are allowed to own property and businesses.
8. Elected and appointed officials and other groups of people don’t abuse their power.
9. Certain rights and freedoms are guaranteed for all people in the country.
10. Every human beings right to life and dignity is respected.
11. More than one political party is allowed to participate in government.
12. Everyone must obey the law and be held accountable if they violate it.

A well known statesman has stated a few points by which we can know whether a government
is democratic or not which are as follows:

1. Does the government recognize the right to free expression of opinion and of opposition,
and criticism of the government of the day?
2. Have the people the right to change the governments of which they disapproved through
constitutional means?
3. Is there fair play for the poor as well as the rich, for private persons as well as government
officials?
4. Are the rights of the individual, subject to his duties to the state, maintained and asserted
and exalted?
5. Are the ordinary people free from the fear that some grim police organization will tap him
on the shoulder and pack him off without fear or open trial to bondage or ill treatment?

Who are the people?

One of the core features of democracy is the principle of political equality, the notion that
political power should be distributed as widely and as evenly as possible. However, within what
body or group should this power be distributed? In short, who constitutes “the people”? On the
face of it, the answer is simple: “the demos” or “the people”, surely refer to all the people. In
practice, however every democratic system has restricted political participation, sometimes
severely. For example, in Greek city states, political participation was restricted to a tiny
proportions of the population, male citizens over the age of 20, there by excluding all women,
slaves and foreigners. Strict restrictions on voting also existed in most western states until well
into the 20th century, usually in the form of a proper qualification or the exclusion of women.
Universal suffrage was not established in the UK until 1928, when women gained full voting
rights. In the USA it was not achieved until the early 1960’s, when African-American people in
many southern states were able to vote for the first time. In Switzerland, it was established in
1971 when women were eventually franchised. Nevertheless, an important restriction
continues to be practiced in all democratic systems in the form of the exclusion of children from
political participation, although the age of majority ranges from 21 down to as low as 15 (as in
Iranian Presidential election). As division and disagreement exists within all communities, “the
people may in practice be taken to mean “the majority”. In this case, democracy comes to
mean that democracy degenerates into “the tyranny of the majority”.

Democratic societies emphasize the principle that all people are equal. Equality means that all
individuals are valued equally, have equal opportunities, and may not be discriminated against
because of their race, religion, ethnic group, caste, gender etc. In a democracy, individuals and
groups still maintain their right to have different cultures, personalities, languages and beliefs.

Political Tolerance
Democratic societies are politically tolerant. This means that while the majority of the people
rule in a democracy, the rights of the minority must be protected. People who are not in power
must be allowed to organize and speak out. Minorities are sometimes referred to as the
opposition because they may have ideas that are different from the majority. If the majority
deny rights to, and destroy their opposition, then they also destroy democracy. One goal of
democracy is to make the best possible decisions for everyone in society. To achieve this,
respect for all people and their points of view is needed. Public decisions are more likely to be
accepted, even by those who oppose them, if all the citizens are allowed to discuss debate and
question them.

Accountability
All the elected and appointed officials have to be accountable to the people. This means that
officials must make decisions and perform their duties according to the will and wishes of the
people, not for themselves. They are responsible for their actions.

Transparency
For government to be accountable the people must be aware of what is happening in the
country. This is referred to as transparency in government. A transparent government holds
public meetings and allows citizens to attend. In a democracy, the press and the people are able
to get information about what decisions are being made, by whom and why?

Regular, free and fair elections

One way citizens of the country express their will is by electing officials to represent them in
government. Democracy insists that these elected officials are chosen and peacefully removed
from office in a free and fair manner. Intimidation, corruption and threats to citizens during or
before an election are against the principles of democracy. Obstacles should not exist which
makes it difficult for people to vote.

Accepting the results of elections

In democratic elections, there are winners and losers. Often the loser in an election believes so
strongly that their party or candidate is the best one that they refuse to accept the results of
the election. This is against democratic principles. The consequences of not accepting the result
of an election maybe a outcome of an ineffective government which might raise violence and
threaten democracy.

Economic freedom
People in a democracy must have some form of economic freedom. This means that the
government allows some private ownership of property and business, and that the people are
allowed to choose their own work and join labor unions. It is generally accepted that market
should exist in a democracy and the state should not totally control the economy. However,
market economies do create some inequalities and a balance needs to be achieved between
the good and bad aspects of such an economy.

Control of the abuse of power

Democratic societies try to prevent any elected official or group of people from misusing or
abusing their power. One of the most common abuses of power is corruption. Corruption
occurs when government officials use public funds for their own benefit or exercise power in an
illegal manner.
Bill of rights
Many democratic countries also choose to have a bill of rights and freedoms guaranteed to all
people in the country. When a bill of rights becomes part of a countries constitution, the courts
have the power to enforce these rights. A bill of rights limits the power of government and may
also impose duties on individuals and organizations.

Human rights

All democracies strive to respect and protect the human rights of all citizens. Human rights
mean those values that respect for human life and human dignity. Democracy emphasizes the
value of every human being. Examples of human rights include freedom of expression, freedom
of association, freedom of assembly, the right to equality and the right to education. People are
in no way equal but democracy says that they are. In a true democracy everyone is considered
equal because they are equal in value. Any human life is as important as any other. They are
equal in needs (food, shelter, love, family, life. etc.). They are equal because they get one vote.
Everyone has the same say in elections. They are equal as people under the law, everyone must
abide by the laws of the nation no matter who they are. Everyone is equally value to society
even though contributions vary, but their value.

Multi-Party System
To have a multi-party system, more than one political party must participate in election and
play a role in government. A multi-party system allows for opposition to the party that wins the
majority in the election. This helps to provide the government with different views on issues.
Additionally, a multi party system provides voters with a choice of candidates, parties and
policies to vote for.

The Rule of Law

In democracy, no one is above the law, not even an elected Prime Minister. This is called the
Rule of Law. It means that everyone must obey the law and be held accountable if they violet it.
Democracy also insists that the law be equally, fairly and consistently enforced. This is some
referred to as “due process of law”.

Merits of Democracy

In a democracy the people possess the right to determine by their votes the persons who are to
be entrusted with the powers of government in the country. It embodies the principles of
liberty and equality. It involves the repudiation (refuse to recognize) of all the special privileges
for particular person or classes. Government is not regarded as the exclusive privilege of a
special class of main, be they land owners or aristocrats. This is the great merit of democracy.
The general mass of people determines laws and policies they are to pursue. The aim of the
government is to promote the welfare of all classes of people, and not of a particular class.
Mill pointed out two important reasons to show the superiority of democracy over other form
of government.

1. The rights and interests of every section of people are adequately safeguarded.
2. General prosperity is more widely diffused and attains a greater height than in any other
form of government.

Demerits of Democracy

Democracy emphasizes quantity rather than quality. The lack of government requires skilled
administrators. But democracy works on the basis that one man is as good as another in the
conduct of the administration. The government is in the hands of majority and as the smajority
doesn’t possess enough skill, so democracy has been regarded by some writers as the cult of
incompetence. Whatever maybe the truth of these criticisms, there is no doubt that democracy
is superior to other forms of government. It may not be perfect or the idle form of government.
But with all its defects, democracy guarantees a better lot to the common man and women.
Hearing lies is inherent superiority to all other forms of government. The democratic form of
government has always been subjected to criticism. This criticism dates back from the time of
Plato and Aristotle who regarded democracy as the worst form of government. Modern
critiques like Lecky and Maine regarded democracy in similar lights. But in spite of these
critiques, democracy was regarded as the idle form of government until the beginning of the
first Great War. The whole world was democratizing and the only question was one of time and
place. The first Great War was fought to make the world “safe for democracy” and after that
war, practically the whole of Europe went over to democracy. But circumstances changed
within a few years. The newly formed democracies of Europe broke down and failed due to the
following reason:

1. Then environment in which democratic government had to work in the inter-war years,
period of great stress and crisis in the world.
2. Partly in the defective organization of government (defects of mechanism). The modern
state has grown in size and complexity so fast which has resulted tremendous increment on
the contemporary political and economic problems that the governments were unable to
cope with them.

Types of Democracy

There are various types of democracy. Direct democracy is one of them which are based on the
direct and continuous participation of citizens in the tasks of government. Thus it obliterates
(destroy) the distinction between government and the governed and between the state and
civil society. It is a system of popular self government. It was achieved in ancient Athens
through a form of government by the referendum by mass meeting. Its most common modern
manifestation is the use of the referendum.

Liberal democracy

Liberal democracy is an indirect and representative form of democracy in that political office is
gained through success in regular elections that are conducted on the basis of formal political
equality. It is based on competition and electoral choice. These are achieved through political
pluralism, tolerance of wide range of contending beliefs, and the existence of conflicting social
philosophies and rival political movements and parties.

Liberal democracy is a democratic system of government in which individual rights and

freedoms are officially recognized and protected, and the exercise of political power is limited
by the rule of law. The objective of Liberal Democracy in not limitless freedom but a state
governed under a system of liberal democracy. Liberal democracy is a form of representative
with free and fair form of election procedures and most competitive political process. The most
interesting features of the liberal democracy is that all adult citizens is given the right to vote
regardless of race, gender or property ownership. Liberal democracy may take various
constitutional forms such as constitutional republic, federal republic, or constitutional
monarchy, or Presidential system or parliamentary system. For example, the countries such as
United States, India, Germany or Brazil take form of a constitutional republic or sometimes the
form of federal republic. The countries such as United Kingdom, Japan, Canada or Spain take
the form of a constitutional monarchy. It is also called as constitutional democracy.

Liberal democracy is a liberal political ideology and a form of government in which

representative democracy operates under the principles of classical liberalism. It is also known
as western democracy which is characterized by fair, free and competitive elections between
multiple distinct political parties .In liberal democracy there is separation of powers into
different branches of government, a rule of law in everyday life as part of open society, equal
protection of human rights, civil rights and civil liberties and political freedom for all. Also there
is formally written constitution to delineate the powers of the government. After the period of
sustained expansion throughout the twentieth century, liberal democracy becomes the
predominant political system in the world which usually has universal suffrage. Historically,
however, some countries regarded as liberal democracies have had a more limited franchise
and some do not have secret ballots. The decisions made through elections are made not by all
of the citizens, but rather by those who choose to participate by voting. Governmental
authority is legitimately exercised only in accordance with written, publicly disclosed laws
adopted and enforced in accordance with established procedure. Since the supporters of this
form of government were known as liberals, the government themselves came to be known as
liberal democracies. For countries without a strong tradition of democratic majority rule, the
introduction of free election alone has rarely been sufficient to achieve a transition from
dictatorship to democracy, a wider shift in political culture and gradual formulation of the
institutions of democratic government are needed. For example, In Latin America one of the
key aspects of democratic culture is the concept of a “loyal opposition”, where political
competitors may disagree, but they must tolerate one another and acknowledge the legitimate
and important roles that each play. This is an especially difficult cultural shift to achieve in
nations where transitions of power have historically taken place through violence. The ground
rules of the society must encourage tolerance and civility in public debate.

Representative Democracy and Electoral System

Representative democracy is a limited and indirect form of government. It is founded on

principle of elected officials representing a group of people, as opposed to direct democracy.
Nearly all modern western style democracies are type of representative democracies. For
example, UK is a constitutional monarchy, Ireland is a parliamentary republic, and United States
is a federal republic.

Representative democracy is often presented as the most efficient form of democracy possible
in mass society which allows efficiently running by a sufficiently small number of people on
behalf of the larger number. Government efficiency can be judged based on the cost
effectiveness and time effectiveness. Representatives voting on behalf of the people allow for
monetary benefit as there is lessened use of polling stations, vote centers etc. This system of
governance is also time efficient as decision can be made by a selected few, knowledgeable
groups of legislators rather than the entire country’s population.

Representative born democracy was in the 18 th century with French and American revolutions
in which people elect their law makers (representatives, who are then held accountable to
them for their activity within government). In this system, the power is in the hands of the
elected representatives who are elected by the people in election. People merely select those
who will rule on their behalf. This form of rule is democratic only in so far as representation
establishes a reliable and effective link between the government and the governed which is
expressed in the notion of an electoral mandate. The strengths of representative democracy
include the following:

1. It offers a practicable form of democracy.

2. It relieves ordinary citizens of the burden of decision making, thus making possible a
division of labor in politics.
3. It allows government to be placed in the hands of those with better education, expert
knowledge.

Election
The representative process is linked to elections and voting. Elections may not in themselves be
a sufficient condition for political representation, but there is little doubt that they are a
necessary condition. In deed some thinkers portrayed elections as the very heart of democracy.
Functions of elections:
Because of different kinds of elections and the variety of electoral systems, generalization
about the functions of System, characterized by universal suffrage, elections is always difficult.
The advance of democratization in the 1980s and 1990s, stimulated in part by the collapse of
communism, has usually been associated with the adoption of liberal democratic electoral
System, characterized by universal suffrage, secret ballot and electoral competition. The
significance of such system is, however, more difficult to determine.

Elections are a two-way street that provides the government and the people, the elite and the
masses, with the opportunity to influence on another. The central functions of elections are:
1. Recruiting politicians
Elections are the principal source of political recruitment, taking into account also of the
processes through which parties nominate candidates but election is not used to fill posts
that require special knowledge or experience as in the civil service or judiciary.
2. Making governments
Elections make governments directly only in states such as the USA, France, Venezuela in
which the political executive is directly elected. In the parliamentary system, election
influence the formation of governments, most strongly when the electoral systems tends to
give a single party a clear parliamentary majority.
3. Providing representation
When they are fair and competitive, elections are a means through which demands are
channeled from the public to the government.
4. Influencing policy.
5. Educating voters
6. Building legitimacy

Election helps to foster legitimacy by providing justification for a system of rule, by encouraging
citizens to participate in politics, even in the limited form of voting, election mobilize active
consent.

7. Strengthening elites
Election can also be a vehicle through elites can manipulate and control the masses by
giving the citizens the impression that they are exercising powers over government.
Electoral systems, controversies: An electoral system is a set of rules that governs the conduct
of elections. Not only do the rules vary across the world, the subject of fierce political debate
but they are also, in many countries, the subject of fierce political debate and argument. The
system available can be divided on the basis of how they convert votes into seats.

Majoritarian system: In this system larger parties typically win a higher proportion of than the
proportion of votes they gain in the election. This increase the chances of a single party gaining
a parliamentary majority and being able to govern on its own .For example, in the UK, single
party government is very firmly established despite the fact that no party has achieved an
electoral majority since 1935.

Majoritarian systems are usually thought to be at their weakest when they are evaluated in
terms of their representative functions. This system is not commensurate with electoral
strength. This is apparent in their over fairness to the small parties and parties with evenly
distributed geographical support, their over fairness in relation to a larger parties ones with
geographically concentrated support.

The defense of majoritarian system is more commonly based on government functions and on
the capacity of such systems to deliver stable and effective rule. A lack of proportionality may
simply be the price that is paid for strong government. In these systems, the bias in favor of
single party rule means that the electoral can usually choose between two parties, each of
which has the capacity to deliver on its election promises by translating manifesto
commitments into a program of government. Supported by a cohesive majority in the
assembly, such governments are usually able to survive for a full term in office. In contrast,
coalition governments are weak and unstable, in the sense that they are endlessly engaged in a
process of reconciling opposing views, and are always liable to collapse as a result of internal
split and divisions.

Single-member plurality system (SMP)

(‘First past the post’)

Used: The UK (House of Commons), the USA, Canada and India.

Type: Majoritarian
Features:
The country is divided into single member constituencies, usually of equal size. Voters select a
single candidate, usually making his or her name with a cross on the ballot paper. The winning
candidate needs only to achieve a plurality of votes (the ‘first past the post’ rule.) The winning
candidates need only to achieve a plurality of votes (the ‘first past the post’ rule).

Proportional representation: The principle of proportional representation is the principle that

parties should be represented in an assembly or parliament in direct proportion to their overall
electoral strength, their percentage of seats equaling their percentage of votes. It guarantee an
equal, at least more than equal, relationship between the seats own by a party and the votes
gained in the election. In a pure system of proportional representation, party systems that gain
45% of the votes win exactly 45%ly of seats. Proportional representation system therefore
make single party majority rule less likely, and are commonly associated with multi-party
system and coalition government. Proportional electoral system seems to be more
representative. Much of the criticism of PR systems stems from the fact that they make
coalition government much more likely. But its supporters argue that having a strong
government is by no means an unqualified virtue, tending as it does to restrict scrutiny and
parliamentary accountability.

PR systems are the party list system, single transferable vote system and the additional
member system. PR systems are concerned more with the representation of parties than of
individual candidates, may be particularly suitable foe divided or plural societies. Electoral caste
two votes: one for a candidate in the constituency election, and other for a party

Electoral system in Nepal

A mixed system has been adopted comprising of FPTP (first past the post) and PR (proportional
representation) in the present constitution of Nepal 2015. The House of Representatives in the
Federal parliament will consist of 275 members: 165 elected through FPTP and 110 through PR.

National Assembly will consist of 59 members: 56 elected through federal provinces and 3
nominated by the President (on the advice of the government).

In the federal provinces, the legislature will be unicameral. There will be a total of 550 members
in the legislatures of the 7 states. The chief minister of the state will be elected by the provincial
legislature whereas the head of the provinces will be appointed by the President.

The new constitution continues with the provisions on registration and operation of political
parties (Article 260-72). They are required to register their names under the election
commission in accordance with the procedure determined by law. The constitution and the rule
of political parties should be democratic. There should be the provision, in the constitution of
the political party, of the election of office bearer in the federal and provincial levels, at least
once in five years. There should be the provision of proportional participation so as to reflect
the diversity of Nepal, in the executive committees at various levels of the party.

Unit 5: Governance and Bureaucracy

The concept of governance:

 The concept of governance is not new. It is as old as human civilization. Governance
means the process of decision making and the process of decision making by which decisions
are implemented. Since the governance is the process of decision making and the process by
which decisions are implemented, an analysis of governance focuses on the formal and
informal actors involved in decision making and implementing the decisions made and the
formal and informal structures that have been set in place to arrive at and implement the
decision.
Government is one of the actors in governance. All actors other than government and
the military are grouped together as part of the civil society.
The word ‘governance come from the Latin word ‘gubernare’ which refers to governing and
controlling a group of people or a state.
Governance is commonly defined as the exercise of power or authority by political
leaders for the well being of their country’s citizens. It is complex process whereby some
sectors of the society wield power, and enact and promulgate public policies which directly
affect human and institutional interactions and economic and social development. The power
exercises by the participating sectors of the society is always for the common good, as it is
essential for demanding respect and cooperation from the citizens and the state. As such, a
great deal about governance is the proper and effective utilization of resources.
International agencies such as UNDP, the World Bank, the OECD Development Assistance
Committee (DAC) governance and others defined governance as the exercise of authority or
power in order to manage the country’s economic, political and administrative affairs. 2009
Global Monitoring Report sees governance as ‘power relationship’, formal and informal
processes of formulating policies and allocating resources, process of decision making.
g, mechanism for holding governments accountable.. Good governance has also been
accepted as one of the targets of the Millennium Development Goals (MDGS) concerned with
the effectiveness of the development efforts. Good governance is expected to be participatory,
transparent, accountable, effective and equitable and promotes rule of laws.

Governance and government

Governance is traditionally associated with government. In literatures, they are often
used interchangeable. But in 1980s, political scientists broaden the meaning of governance as
including, not just actors, but also civil society actors. Today governance includes three sectors,
civil society and Governmental organizational sectors and the private sectors. In other words
governance is broader than government in that other sectors are included in it.
Characteristics of good governance:
1. Participatory,
2. Rule of Law,
3. Effective and Efficient,
4. Transparent,
5. Responsive,
6. Equity and inclusiveness,
7. Consensus oriented; &
8. Accountability.

All the above mentioned characteristics are inextricably related to each other. For instance,
without active participation among the various actors in governance, there would be
concomitant lack of responsiveness. Likewise, if decision making is not transparent, then
inevitably there would be no participation, accountability, and decisions are not consensus
oriented. These indicators should, however, be understood in the context of good ’democratic’
governance.

1. Good governance essentially requires participation of different sectors of the society.

Participation means active involvement of all affected and interested parties in the decision
making process. Participation could be either direct or through legitimate intermediate
institutions or representatives. It is important to point out that representative democracy does
not necessarily mean that the concerns of the most vulnerable in society would be taken into
consideration in decision making. Participation need to be informed and organized. This means
freedom of association and expression on the one hand and an organized civil society on the
other.
2. Rule of Law:
Democracy is essentially the rule of law, It is through the law that people express their will
and exercise their sovereignty. Nobody will be put above the law. Thus the democratic
governance is fundamentally adherence to the rule of law. It also demands that the
governments acts within the limits of the power and functions prescribed by the law.. The
absence of the rule of law is anarchy. In more concrete terms, rule of law means “peace and
order”, “absence of corruption”, impartial and effective justice system,” observance and
protection of human rights,” and “clear, publicized, and stable law.” Rule of law also requires
that laws are responsive to the needs of the society. Irrelevant laws must be amended to cater
the modern demand.
3. Effectiveness and efficiency:
Good governance means that processes and the institutions produce results that meet the
needs of society while making the best use of resources at their disposal. The concept of
efficiency in the context of good governance also covers the sustainable use of natural
resources and the protection of environment. It also demands enhancement and
standardization of the quality of public service delivery consistent with international
 standards, professionalization of bureaucracy, focusing of government effort on its vital
functions and elimination of overlaps in functions and operations, a citizen centered
government and improved financial management system of the government.
4. Transparency:
Transparency is an indicator of good governances which means that decisions taken and
their enforcement are done in a manner that follows rules and regulations. It also means
that information is freely available and directly accessible to those who will be affected by
such decisions and their enforcement. It also means that enough information is provided
and that it is provided in easily understandable forms and media. The reason why there
should be transparency is to promote and protect democratic ideals. When there is
transparency, people are placed in a better position to know and protected their rights as
well as denounce corrupt.
5. Responsiveness:
Good governance requires that institutions and processes serve all stake holders in a timely
and appropriate manner. The interests of all the citizens must be well protected in a prompt
and appropriate manner so that each of them can appreciate and take part in the process of
government, while responsiveness is more demanded from the government or public
sector.
6. Equity and inclusiveness:
A society’s well being depends on ensuring that all its members feel that have a stake in it
and do not feel excluded from the main stream of society. This requires all groups, but
particularly the most vulnerable, have opportunity to improve or maintain their well being.
7. Consensus oriented:
There are several actors and as many view points in a given society. Good governance
requires mediation of the different interests in society to reach a broad consensus in society
on what is the best interest of the whole community and how this can be achieved. It also
requires a broad term and long term perspective on what is needed for sustainable human
development and how can be achieved. This can only result from an understanding of the
historical, cultural, and social context of a given society or community.
8. Accountability:
Accountability is a key requirement of good governance. Not only governmental institution
but also the private sector and civil society organizations must be accountable to the public
and to their judiciary and an impartial and incorruptible police forces.
From the above discussion it should be clear that good governance is an ideal which is
difficult to achieve in its totality. Very few countries and societies have close to achieving
good governance in its totality. However, to ensure sustainable human development, action
it must be taken to work towards this ideal with the aim of making it a reality.

Bureaucracy
The word ‘bureaucracy’ means ‘government with a small desk’ which is originated in France
with reference to the little desks used by the king’s officials as they went about the king’s
business. Today a bureaucracy is a large administrative organization to the administrative
which handles the day to day business of the government.

In the field of politics, bureaucracy refers to the administrative machinery of the state that is
civil servants and public officials who are charged with the execution of government business.
As per a well known German sociologist Max Weber, bureaucracy as a distinctive form of
organization found not just in government but in the spheres of modern society. As govern has
grown and the breadth of its responsibilities has expanded, bureaucracy has come to play an
increasingly important role in political life.

In a narrow sense the term bureaucracy is used to denote those important and higher level
public servants who occupy top level positions in the in the state administration. In the broad
sense, it refers to all the permanent employees of the government right from the peons and
clerks to the top level officials.

According to Garner, bureaucracy means the civil servants, the administrative functionaries
who are professionally trained for the public service partly by seniority and partly by merit.

In the opinion of Willoughby,” in its broad larger sense the term civil service is used to describe
any personnel system where the employees are classified in a system of administration
composed of a hierarchy, sections, divisions, bureaus, departments and the like.

As per Finer, “Civil Service/bureaucracy is a professional body of officials permanent, paid and
skilled.”

Main features of bureaucracy:

1. Permanent character
2. Hierarchical organizations
3. Non-partisan character
4. Professional, trained and expert class
5. Fixed salaries
6. Bound by rules and regulations
7. Class consciousness
8. Public service spirit as the ideal
9. Bound by a code of conduct

1. Permanent character
2. Hierarchical organization
3. Non partisan character:
The members of the bureaucracy are not directly involved in politics. They cannot join
political parties and participate in political movements. They are not affected by the
political changes which keep on coming in the political executive whichever party may
come to power and make the government, the civil servants remain politically neutral
and carry out their assigned departmental roles impartially and faithfully.
4. Professional, trained and expert class:
Bureaucracy constitutes the educated and professionally trained class of persons which
helps the political executive in carrying out its functions.
5. Fixed Salaries:
6. Bound by rules and regulations:
7. Class Consciousness:
The civil servants are highly class conscious. They jealously work to protect and promote the
interest of their class of civil servants. They are called the white collar class because of their fate
in their “Superior Status” as government officials.

8. Public service spirit as the ideal:

Modern bureaucracy identifies itself with public service spirit. It always tries to project itself
as the civil servants devoted to the promotion of public welfare through the satisfaction of
public needs.
9. Bound by a code of conduct:
The civil servants have to follow a code of conduct to act in a discipline way. Their rights,
duties and privileges stand clearly defined. The procedures of work are definite and
settled. They can be punished for misbehavior, incompetence or negligence or for a
violation of their conduct rules. In short, bureaucracy is characterized by political
neutrality, professional competence, permanent/stable tenure, fixed salaries and strict
obedience to rule.

Role of Bureaucracy:

1. Implementation of governmental policies and laws:

It is the responsibility of the bureaucracy to carry out and implement the policies of the
government. Good policies and laws can really serve their objectives only when these are
efficiently implemented by the civil servants.
2. Role in policy formulation:
Policy making is the function of the political executive. However, the bureaucracy plays an
active role in this exercise. Civil servant supplies the data needed by the political executive
for formulation the policies. In fact, civil servants formulate several alternative policies and
 describe the merits and demerits of each. The political executive then selects and adopts
one such policy alternative as the governmental policy.
3. Running of administration:
To run the day to day administration in accordance with policies, laws, rules, regulations
and the decisions of the government is also the key responsibility of the bureaucracy. The
political executive simply exercises guiding, controlling and supervising functions.
4. Advisory function:
One of the important functions of the bureaucracy is to advise the political executive. The
ministers received all the information and advice regarding the functioning of their
respective departments from the civil servants. As amateurs, the ministers have little
knowledge about the functions of their departments. They, therefore, depend upon the
advice of bureaucracy. As qualified, experienced and expert civil servants working in all
government departments, they provide expert and professional advice and information’s to
the ministers.
5. Role in legislative work:
The civil servants play an important but indirect role in law making. They draft the bills
which the ministers submit to the legislature for law making. The ministers provide all the
information asked of by all legislatures by taking the help of the civil servants.
6. Semi-judicial work:
The emergence of the system of administrative justice, under which several types of cases
and disputes are decided by the executive, has further been a source of increased semi-
judicial work of the bureaucracy. The disputes involving the grant of permits, license, tax
concessions, quotas, etc are now settled by the civil servants.
7. Disbursements of financial benefits:
The civil servant plays vitally important role in financial administration. They advise the
political executive in respect of all financial planning, tax structure, tax administration and
the like. They collect taxes; settle disputes involving recovery of taxes. They carry out the
functions of granting legally sanctioned financial benefits, tax reliefs, subsidies and other
concessions to the people.
8. Record Keeping:
The civil servant has the sole responsibility of keeping systematically all government
records. They collect, classify and analyze all data pertaining to all activities of the
government. They collect and maintain vital socio-economic statistics which are used for
the formulation of public policies and plans.
9. Role in public relations:
The era of modern welfare state and democratic policies has made it essential for the
government to keep close relation with the people of the state. The need for maintaining
active and full public relations is a vital necessity of every state. The civil servants play an
 active role in this sphere. They are main agents who establish direct contacts with the
people. They serve as a two way link. One the one hand, they communicate all government
decisions to the people and on the other hand, they communicate to the government the
needs, interests and views of the people. Thus, bureaucracy plays a vigorously active and
highly important role in the working of the government.

Control over bureaucracy:

The rise of modern welfare state and increases in its functions has been a source of big increase
in the powers and role of bureaucracy. It has, therefore, given rise to an additional need for
exercising control over bureaucracy. An effective control system has become essential both for
preventing the civil servants from abusing their powers as well as for ensuring their active and
positive role. In fact, every state maintains a system of internal and external control over
bureaucracy. It means control applied from within the organization i.e. by the administrative
machinery. The administrative organization is hierarchical and is divided into wings, division,
branches and sections. These are some present internal control on budgeting, accounting,
auditing, reporting, inspection, efficiency surveys, personnel control, code of conduct, discipline
and leadership control.

In particular, regular internal inspections, auditing of accounts and evaluation of the

performance of each civil servants act as main means of internal control over bureaucracy.
Internal control is necessary for keeping bureaucracy efficient and productive of desired results.
External control is that which flows from outside agencies. These agencies are the people, the
legislature, the executive and the judiciary.

Unit 6: Constitution

Concept, definition and importance of constitution, salient features of the Interim constitution
of Nepal, (2007) 2015 (2072) 2015-09-17.

What is constitution?

The term “constitution” is derived from the Latin word ‘constiture’ which means to establish.
That means the constitution establishes the particular system to govern any of the state. The
constitution determines the governing system of the nation. The constitution separates the
jurisdictions of the executive, the Legislative and the Judiciary, and limits them too their
jurisdictions.

No conservation of people’s right is imagined without the constitution which is considered as

the essential for independent state. The constitution is necessary to all of the states whether
they are democratic or absolute, rich or poor, big or small. The constitution is the fundamental
law of the country. The government and the entire governance of the country run under the
constitution. The constitution may be written or unwritten, enacted or evolved, federal or
unitary, democratic or despotic. The constitution is the basic design for the structure and
distribution of powers of the state, the rights and duties of citizens and relationship between
the state and c duties of duties of citizens. The constitution systematizes the formation of the
government, separation of powers among various organs of the government and principles to
apply the powers gained by such way.

Regarding the constitution, different writer have different opinion. According to Sir Ivor
Jennings, the constitution of country means the document where is mentioned the rules and
principles to run the relation between the formation, rights and working system stem of the
principal organs of the government as well as the relation between these organs and the
citizens.

In the words of C, F. Strong, a constitution may be said to be a collection of principles according

to which the power of the government the right of governed and the relation between two are
adjusted.

As per K.C. Wheare, the constitution means those legal and non-legal rules which mention the
entire system of the state government as well as establish and run the government

“The constitution of a state is the body of rules which allocates the various power of the
government among the branches of the government, which establishes how these powers are
to be used, and which determines the authority of the government over the people.” (George
B. de Huszar and Thomas H. Stevenson. Political Science, p.43)

According to Woolsey, “A constitution is a collection of principles according to which the

powers of the government and the rights of the governed and the relationship between the
two are adjusted.”

R.C. Gettell writes, “A constitution therefore may be defined as collection of norms by which
the legal relations between the government and its subjects are determined and in accordance
with which the power of the state is exercised or the body of rules and maxims in accordance
with which the powers of sovereignty are habitually manifested.”

According to the above definitions, a constitution has some essentials:

1. A constitution sets down the political organization of the state, namely the form of the
government, the way in which the executive, legislature and judiciary will be institute, the
methods of constituting them, etc.
2. It sets down in clear terms the sphere or power of the government.
3. It sets down the rights and duties of the citizens.
4. It sets down the relationship between the government and citizens.
5. It is the supreme law of the land.

Objectives of the constitution

The main objectives of the constitution are as follows:

1. To limit the powers of the government.

2. To define the rights of citizens and to ensure the enjoyment of those rights.
3. To define the manner in which the state should exercise its sovereign power.

Why do we need to have constitution?

A country needs a constitution due to the following reasons.

1 .A constitution puts down certain principles that form the basis of the kind of country that we
as citizens, desired to live in.

2. A constitution tells us the fundamental nature of our society.

3. A constitution helps serve as a set of rules and principles that all persons in a country can
agree upon as the basis of the way in which they want the country to be governed.

4. The constitution also spells out the ideals the citizen believes that their country should
uphold.

Importance of the constitution arises out of the following reasons:

1. To delimit the power of the government as a whole and of its various organs such as
executive, legislature and judiciary and to establish the rule of law and not the rule on man.
2. To provide against the encroachment on the individual’s right by the government.
3. To preserve the political institution against political whim.
4. To uphold the socio-political ideals of the community.

The primary function of a constitution is to lay out the basic structure of the government
according to which the people are to be governed. It is the constitution of a country, which
establishes the three main organs of the government, namely, executive, legislature and
judiciary.

The constitution of a country not only defines the powers allotted to each of the three
mains organs, but it is also significantly makes a clear demarcation of the responsibilities
assigned to each of them. It effectively regulates the relationship between the government and
the people.

Since the country’s constitution stands superior to all the laws framed the country, any
law enacted by the ruling government has to be in conformity with the concerned constitution.
As such, the citizen would be abiding by not just the law, but also working in sync (together)
with the demarcation of the constitution laid by the country. The constitution does not simply
provide a recipe (remedy) for an efficient government, but also deals with limitation of power.
Since power corrupts and absolute power corrupts absolutely, a constitution is established to
restrict the abuse of the power by those who conduct governmental functions. The constitution
of a particular country lays down the national goals which form the basic edifice on which the
nation rest upon.

Characteristics of a good constitution:

A good or ideal constitution should possess the following characteristics or features:

1. Clarity and definiteness. There should not be any ambiguity the in any part of the
constitution. Any constitution without clarity and definiteness is a defective constitution.
2. Comprehensiveness. The constitution should set down all the important aspects with
regard to the exercise of political power, rights and duties of citizens, relationship between
the government and the governed, the fundamental rights of citizens and the organization
of the government, and fundamental rules should not be frequently changed.
3. Stability. The constitution which provides for the fundamental rights of citizens and the
organization of the government, and fundamental rules should not be frequently changed.
So, the stability is the virtue of the constitution.
4. Fundamental rights. A bill of fundamental rights should by all means be incorporated in the
constitution so that they should not be interfered with lightly.
5. Brevity .A constitution should be belief as an elaborate and lengthy constitution is also likely
to lead to disputes.
6. Flexibility. With a view to meet the needs of changing times, a constitution should have
satisfactory method of amendment.

Classification of Constitution

Constitutions are classified as written and unwritten, rigid and flexible and federal and unitary.

Written constitution:

A written constitution is one in which the fundamental principles concerning the manner in
which the government is to be organized, the powers of various agencies and the rights of
citizens are written down in one document or in a few documents. Such a codified document or
documents become the supreme law of the land.

A written constitution is generally an enacted constitution. A written constitution maybe

granted by the king to his subjects (for example, the constitution of Nepal, 1990), or maybe
prepared by a specially elected body (for example, constitutions of India, 1950).

Merits of written constitution: A written constitution has these merits

1. A written constitution by its very nature is much more definite and clear than unwritten
constitution.
2. A written constitution is also a fundamental law of the land whose rules is generally stable
and cannot be changed without reasonable amendment.
3. A written constitution generally includes a bill of fundamental rights of citizens which are
necessary for the development of their personality. The government may not lightly temper
with those rights. Thus, those rights are safe from being disregarded.
4. Where there is a written constitution, fundamental rules for the exercise of power are laid
down in clear terms and there will be no scope for rulers passion, caprice, likes and dislikes.

Demerits of written constitution: A written constitution has these demerits.

1. A written constitution often gives the greater role to the judiciary which is charged with
interpreting what is written in the constitution. Thus, the constitution maybe what judges
say it is. The dictatorial power of the judiciary maybe established.
2. Generally, a written constitution is beset with the difficulty associated with it’s amendment.
If the process of amendment is difficult it can hardly be changed to make it suitable to the
changing needs of time.
3. A written constitution is generally conservative document and is very slow to incorporate
new things in it. The society may be rapidly developing but the constitution suffers from
lethargy. This may result in upheavals.

Unwritten Constitution:

An unwritten constitution is one in which the fundamental principles of the organization and
powers of the government are not written down in one document. An unwritten constitution is
generally an evolved constitution.

A so called unwritten constitution is one in which most, but not all, of the principles and rules of
powers of government are not reduced to writing. They are followed as a matter of usage,
practices, customs, traditions, conventions, etc.

Merits of unwritten constitution: An unwritten constitution has the following merits.

1. An unwritten constitution is naturally flexible and can be amended easily by an ordinary act
of legislature. An unwritten constitution, because of it’s flexibility and elasticity, is easily
adoptable to the needs of changing times, and therefore, it can keep pace with progressive
forces.
2. As an unwritten constitution can easily be amended for meeting the demands of time, there
is little or no chance for upheavals or revolution.
3. An unwritten constitution has the component of dynamics. It’s easily adoptable to new
emerging forces and goes with changes as demanded by society.

Demerits of unwritten constitution: An unwritten constitution has the following demerits or

defects.

1. An unwritten constitution lacks clarity and definiteness, and is vague. No one can refer to
any document in which they can find all that they require to understand the structure of the
government of their country.
2. An unwritten constitution can be very easily amended by an ordinary act of the legislature.
Therefore, it is instable.
3. The fundamental rights of citizens may not be safe from being disregarded because the
ordinary legislation can change the provisions of fundamental rights.
4. An unwritten constitution is too flexible. Nothing is safe from being easily amended with
regards to any provisions of the constitution.
5. Where there is unwritten constitution, the constitution itself becomes play thing of the
judiciary. As there is no definiteness in the unwritten constitution, the judiciary may
interpret the constitution and it’s provisions in any way it likes.
6. An unwritten constitution is unsuitable for a federal state. For a federal state a written and
rigid constitution is most suited as an unwritten constitution cannot protect the interest of
constituent states.
7. An unwritten constitution is not suitable for democratic states as such constitutions maybe
a play thing at the hands of rules because any provision of the constitution maybe amended
by an ordinary act of the legislature.

Rigid Constitution:

A rigid constitution is a type of constitution in which there exists a distinction between the
constitutional law and the ordinary law. The constitutional law or fundamental law cannot be
changed or amended in the same manner as the ordinary law is changed or amended. A rigid
constitution can be changed or amended only through some special procedure of amendment,
which is difficult.

Merits of rigid constitution: Rigid constitution has the following merits:

1. There is a guarantee of stability in the rigid constitution because it cannot be easily changed
or amended in the manner an ordinary law is changed or amended.
2. As a rigid constitution makes adequate provisions to see that fundamental rights and
fundamental rules are not interfered with ease, these rights and rules are well protected in
it.
3. It is only a rigid constitution which is a must a federal state. In a federal state, there is a
division of power between the center and the units, and the units are determined to
maintain their autonomy in their own sphere of action. Such a thing is possible only in case
of a rigid constitution. A rigid constitution cannot be amended or changed without much
difficulty. Only under a rigid constitution can the units feel safe.

Demerits of rigid constitution: A rigid constitution has the following demerits or weaknesses.

1. A rigid constitution is conservative in nature because it is not easily adoptable to the

changing needs of time.
2. A rigid constitution is flexible because it cannot be altered. There is the danger that a rigid
constitution may break instead of bending, under changing conditions and emergencies.
3. In a rigid constitution, the judiciary may acquire too much of power to decide upon the
constitutionality of laws. The judiciary may have power to declare whether a law passed by
the legislature and supported by the executive is in accordance with the constitutions or
not. If it says it is not, it can declare such a law as null and void.
4. As a rigid constitution may not be amended according to the demands of time, it is
susceptible to violent changes or revolution. Therefore, lord Macaulay aptly writes, “the
great cause of revolution is that while nations advance the constitutions stands still”.

Flexible constitution:

A flexible constitution is one in which constitutional provisions can be amended or changed

through a simple procedure and in which there exists no distinction between the constitutional
law and the ordinary law.

Merits of flexible constitution: A flexible constitution has the following merits.

1. Flexible constitution can be easily adjusted so that it can be in tune with the needs of
changing times. Thus, elasticity and adoptability is the one of the main merits of a flexible
constitution.
2. If the constitution is flexible, there is no or little chance for revolution as it can easily
accommodated the demands of great social changes.
3. A flexible constitution is sensible to people’s aspirations and can meet their expectations
without any great upheaval.
4. A flexible constitution, by nature, reflects national mind and can be stretched or bent
without breaking itself.

Demerits of Flexible constitution: A flexible constitution has the following weaknesses.

1. The most serious defect of a flexible constitution is its instability because it can be easily
changed and maybe in a state of flux. And unscrupulous (dishonest) rulers and politicians
may change the constitution to suit their needs.
2. A flexible constitution maybe a play thing of the legislature which can always temper with
the constitution every now and then, and may disregard the rights of citizens.
3. A flexible constitution may be unsuitable for democratic state because if the rulers are
determined to destroy democracy itself, they can easily do so and because democracy itself
may be in jeopardy under such a flexible constitution.
4. A flexible constitution is not suitable for federal states because the federal or central
authority may encroach upon the sphere of units the autonomy of which is an essential
feature of federalism.

Unitary constitution:

A unitary constitution is one which provides for a single powerful central authority for the
entire country to run or control the administration of that country. For that purpose of
convenience, it may empower the central government to create convenient administrative
units in the form of provinces, districts, local boards, etc which derive their powers from the
central government.

Merits of a unitary constitution: The following are the main merits of a unitary constitution.

1. A unitary constitution is free from detailed, exhaustive and complicated division of powers
between the center and the constituent organs of the state.
2. A unitary constitution is useful for those communities which have not yet developed a high
level of political consciousness.
3. A unitary constitution provides for only one powerful central government which can take
decisions quickly and implement them immediately.
4. A unitary constitution is suitable for emergencies because all the powers are concentrated
in the hands of central government and this government can do whatever it pleases, with
the greatest possible economy and speed.
5. A unitary constitution promotes national outlook and there is no hindrance from the other
autonomous units, whose duty is merely to carry out the instructions of the centre.

Demerits of a unitary constitution: A unitary constitution has the following defects.

1. In a unitary constitution, there is always a treat to individual liberty and rights because all
the powers are vested in the hands of one authority and because the central government
can do whatever it pleases; there is no check on its absolute authority.
2. Where there is a unitary constitution, there is a risk of dictatorship under the all-powerful
central government.
3. Where there is a unitary constitution, everything is decided by the central government with
people little participation at local levels. In such a situation people may not have a sense of
their participation in the government and have no or little loyalty to the government.
4. A unitary constitution is not suitable for large countries and cannot serve the needs the
various communities of a large country where the different sections have vvarying interest.

Federal constitution

A federal constitution is one which provides for a rigid distribution of governmental powers
between the central government and the regional or sub-divisional governments in such as way
that the central government possesses exclusive and independent powers concerned with
national matters which the regional or sub-divisional governments possesses exclusive and
independent powers concerned with the matters falling under their purview.

A federal constitution is necessarily written and rigid in character and provides for a very
powerful judiciary which can declare the acts of the legislature and the executive ultra-vies.

Merits of Federal constitution: A federal constitution has the following merits.

1. A federal is an admirable device for re-conciliating the national union with regional or sub-
divisional units with local autonomy. Units are allowed to have autonomy in their own affair
and are satisfied. Thus, the unity of the country is maintained.
2. A federal constitution is also a very effective device for making possible the union of
communities with cultural, linguistic, ethnic and economic differences.
3. A federal constitution paves the way for greater chances of the people taking interest in
their local affairs and for people’s participation in the administration of the country.
4. A federal constitution provide for the guarantee of the democratic functioning of the
government, because it is based on the principle of decentralization and division of powers,
and the principle of checks and balances. All these maintain and strengthen democracy.

Demerits of a federal constitution: A federal constitution has the following demerits.

1. A federal constitution provides for the government which is more expensive because of the
duplication of the administrative machinery at various levels.
2. Where there is a federal constitution, there is a double allegiance amongst citizens, one
their local unit and the other to the centre. Thus, there may be complexity, the danger of
 conflicts of jurisdiction between national and unit authorities. And the conflicts of laws also
may take place between those units.
3. Under the federal constitution there may be desperate fiscal systems within the same
country. This may cause inconvenience to citizens.
4. .A federal constitution is unsuitable for emergencies. There cannot be promptness of action
as the views of the units have also to be taken into consideration. There is also a possibility
of mutual conflicts between the centre and the units, a condition which is hardly conducive
to prompt action. Also, it may be difficult to enforce laws and combat crime effectively.

Conclusion

Whatever has been said above, none of the constitutions are perfect. Each constitution may be
full of lacunas, inaccuracies, distortions, omissions and commissions, no matter how wisely it
might be framed. However, a democratic constitution can easily be misused for undemocratic
and authoritarian way. A democratic constitution is always based on the idea of
constitutionalism (as a concept, constitutionalism means essentially limited government, a
system of restraints on both rulers and ruled. It is the anti-thesis of government by the
unrestrained will of rulers. Regardless of the actual form or effectiveness of restrains, it
assumes limitations on government as opposed to arbitrary government). Huszar Roucek et al,
Introduction to political science. New York: Thomas .Y. Crowell, 1954, P.119.

History of constitution of NepaL.

There was no law by the name of ‘constitution’ before 1951. For the first time, Rana Prime
Minister Padma Samsher had ordered to make constitution in 1948 but unfortunately the
constitution could not apply because of various reasons. Somehow, Nepal constitutional law,
1948, is considered as the first constitution of Nepal because the development of the written
constitution started from this point.

1. 2004 BS constitution
2. Interim Government of Nepal Act 2007 BS was promulgated to facilitate a smooth transition
of Nepal into a multiparty democracy.
3. Constitution of Kingdom of Nepal 2015BS.
4. Constitution of Nepal 2019BS: This constitution was a great setback in terms of
constitutional development. It puts an end to multiparty democracy. It introduced a mixed
system of party less Panchayat system with characteristics of a parliamentary style of
institutions. The constitution created a National Legislature by the name of Rastriya
Panchayat.
5. Constitution of Nepal 2047 BS: This constitution was drafted by the Constitutional
Recommendation Commission after consultation with all the political parties. This is the
 most democratic constitution Nepal ever had. This constitution, for the first time,
acknowledged the fact that the sovereignty lies with the people of Nepal and not the King.
This constitution guaranteed multiparty democracy. It was entrenched in the constitution as
a basic structure.
6. Interim Constitution of Nepal 2006 AD, November 20: This constitution was issued after the
termination of the absolute monarchy, all party government was formed under the
premiership of Girij
7. a Prasad Koirala and declared the ceasefire against the rebellion Maoist, then Maoist also
declared so.. After the several formal and informal talks and discussions between the
government and Maoist, the agreement was made to form 19 member committee on the
was made to form 19 member committee on the convening of Laxman Prasad Aryal, a
former Justice of Supreme Court to construct an Interim Constitution on June 25,2006.
8. Constitution of Nepal 2015AD: This constitution is constructed by the collective attempt of
the people, inside the Constituent Assembly, of all languages, culture, religion from Tarai
Madhesh to Himal.

Constitution of Nepal, 2015.

The constitution of Nepal 2015 (2072) is the 7 th constitution of Nepal. This is the first
constitution made and adopted by the constituent assembly (CA) which was specifically elected
for this purpose. It was proclaimed by the president of Nepal on Sept 20, 2015 (Asoj 3, 2072).

The interim constitution of Nepal 2007 (2063), which provisioned designs for the election of a
constituent Assembly, enabled it to write Nepal’s permanent constitution. The new constitution
was to be promulgated by May 28, 2010 by the elected House. Due to the disagreement
between then political parties on several issues, among other things, the house was not able to
do the assigned job. This led to the amendment of the term of the house again and again. On
May 25th, 2011, eventually, the supreme court of Nepal ruled that the repeated extension of
the interim constitution was not right. It reasoned that an election house is not supposed to
extend its interim term again and again going beyond the reasonable electoral mandate.

On May 28, 2012, the Constituent Assembly was dissolved, after it failed to finish the
constitution drafting process despite repeated extensions, ending four years of constitution
drafting and leaving the country in a constitutional vacuum .New elections were held on Nov
19, 2013 to elect the Constituent Assembly II on a special arrangement agreed by the political
parties and approved the President. The political leaders then pledged to draft a new
constitution within a year. The new Assembly expressed commitment that the new constitution
would be promulgated on 22, 2015. However, due to the continued differences on key issues
like number, name area of the provinces to be carved, the constitution could not finalize and
adopt the constitution.
A total of 507 votes were casted in favour of Constitution Bill while 25 votes went against it
.Three major political parties of Nepal- Nepali Congress (NC), CPN (UML), & UNPN (Maoist)-a
majority parties voted in support of the Bill in meeting of the CA. Those voting against the Bill
were members of Rastriya Prajatantra Party-Nepal (RPP-N). However, some Tarai based parties
boycotted the constitution finalization and adoption process. Of the total 598 CA members, 532
were presented at the meeting.

President Ram Baran Yadav announced the promulgation of constitution of Nepal, 2015 (2072)
at a special meeting of the constituent Assembly on September 20, 2015. The President
announced the commencement of the new constitution endorsed by the CA and as
authenticated by CA chairperson Subas Chandrs Nembang.

Salient Features of the constitution of Nepal, 2015.

The following are the salient features of the present constitution of Nepal, 2015.

The Preamble of the constitution.

The preamble of the constitution of Nepal shows that the constitution of Nepal has been
adopted and enacted by the representative of the people and they have given their own to the
constitution.

The constitution has been adopted and proclaimed in the name of “We, the people of Nepal, in
exercise of the sovereign powers inherent in us”.

The people of Nepal have, thus, the sovereign power and the right to autonomy and self-rule,
by maintaining Nepal’s independence, sovereignty, geographical integrity, national unity and
freedom and dignity.

The constitution has restructured the nation in a federal republic. The constitution has divided
the nation into seven states and finalized the march of the nation towards republicanism from
constitutional monarchy and federalism from unitary system.

Bicameral parliamentary system has been created with two houses (House of
Representatives : directly elected 165 and proportionally elected 110 out of 225 members of
the House of Representatives and National Assembly: 56 elected from seven provinces and
three nominated by the President out of 59 members of the National Assembly.) at the center
and unicameral parliamentary system in each state.

All together there will be 550 members of parliament in seven provinces. In the provinces, the
Chief Minister will be elected by the Provincial Parliament and the Provincial Chief will be
nominated by the President. The number of the council of ministers in provinces should not be
more than 20% of the total members of the Provincial Parliament. The members of the
Provincial Parliaments shall be elected directly 60% and proportionately 40% same as in the
Federal Parliament. Provincial Commission will determine the demarcation of provinces. Two-
third majority of the Provincial Parliament shall name the province. Provincial head-quarter
shall be prescribed by the central government until the Provincial Assembly does not determine
it. Divisions of jurisdiction of the central, provincial and local governments are written in the
constitution .There is also the transitional arrangement of the right of the Provincial Assembly
and the government by the central government until they will be formed.

Mixed electoral system has been opted for the elections of the lower house at the center with
both first past the post election system and proportional election system are used to elect
members of the lower house.

Unified Judiciary: There will be Supreme Court in the center. Constitutional bench will be in
the Supreme Courts, High Courts in every province and District Courts in current districts.

Rights of the gender and sexual minorities are protected by the new constitution with
provision of special laws to protect, empower and develop minority groups as well as allowing
them to get citizenship in their chosen gender.

Recognizing the rights of women, the constitution of Nepal explicitly states that “women shall
have equal ancestral right without any gender-based discrimination.”

Bans any acts tending to conversions from one religion to another. It also prohibits acts that
undermine or jeopardize the religion of another. At the same time it declares the nation to be
secular and neutral toward all religions.

Nepal also has continued to abolish the death penalty. Nepal had abolished death penalty in
1990 after the promulgation of the constitution of the kingdom of Nepal 1990.

The constitution defines wide range human rights as fundamental rights. However various
Human Rights Activists and some ethnic groups in lowland Nepal have accused the constitution
of being gender discriminatory especially in regards to citizenship provisions, They allege new
constitution makes it difficult for women to pass on citizenship to their children as compared to
men.

There is controversy over Nepalese citizenship rules, which Nepal deems to protect the state
from being overwhelmed by Indian immigrants, and which India claimed discriminates against
Madhesi of Indian origins, the draft constitution and final constitution that possess differ on this
issue.
Madhesi and indigenous population viewed that the new constitution fails to address demands
of marginalized communities and support statuesque of the ruling groups.

The constitution declares ending all forms of discriminations and oppression created by the
feudal, autocratic, centralized and unitary system of government in the past. It notes its
commitments to Nepal’s multiethnic, multilingual, multicultural and diverse geographical
specifities and end of discriminations relating to class, ethnicity 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, and tolerance and harmonious
attitudes. The constitution also expresses the 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

There is a commitment to create the bases of socialism by adopting democratic norms and
values, including people’s competitive multiparty democratic governance system, civil liberty
fundamental rights, adult franchise, periodic elections, complete press freedom and
independent, impartial and competent judiciary and the concept of Rule of Law.

The new constitution has 308 Articles, nine Annexes and Preamble.