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Previous year questions

Political Science BSO-316


5th semester Paper-XIV
Government & Politics of Nepal & Malaysia

By Akhilesh Singh
Note- * means the question is repeated many times in the examinations…..So it’s important

Number of stars denotes how many times it is repeated in the examination.

15 means it was asked as a long answer type question.

ATTENTION!!!
It may contain some detailing errors as this is exam oriented content. So, Please
proceed with caution. Ensuring the tiniest of details is something that requires ample
time and we don’t have that for now. Even though all efforts are made to keep it
accurate, please verify the facts if you think there’s any error.
For more detailed and elaborative content refer your books and other credible content.

Remember!!

The length of the questions might be varying, sometimes a bit longer, but the main thing for proper
coverage is that the headings much be clear. Have a novel like reading but memories the headings-
that's the most important thing. You can write all of them down at a single place segregating them topic
wise.
If there’s anything else important is there, I will share it on this link. Look for the folder named ‘Semester-V Political
Science.’ https://drive.google.com/drive/folders/196Ch1co5jIEBfcGyda5mMcjhD9OxXPnU

All the best

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Answer within 50 Words 2 Marks Each
1. Unification of Nepal

Ans The unification of Nepal was the process of building the modern Nepalese state
from fractured petty kingdoms, including the Baise Rajya (22 Kingdoms) and the
Chaubisi Rajya (24 Kingdoms). This process began in 1743 AD (1799 BS). King Prithvi
Narayan Shah of Gorkha kingdom played a crucial role in this unification.

2. Any two Political parties of Nepal

Ans- Four Political Parties of Nepal

• Nepali Congress (NC): Founded in 1950, it follows a social democracy and third
way ideology.
• Communist Party of Nepal (Unified Marxist–Leninist): Founded in 1991, it
follows a left-wing ideology with communism, Marxism–Leninism, and People’s
Multiparty Democracy.
• Communist Party of Nepal (Maoist Centre): Founded in 1994, it follows a far-
left ideology with communism and Prachanda Path.
• Rastriya Prajatantra Party (National Democratic Party): Founded in 1990, it
follows a centre-right to right-wing ideology with constitutional monarchism,
economic liberalism, and Hindutva.

3. Federal Parliament of Nepal

Ans- The Federal Parliament of Nepal is the bicameral federal and supreme legislature
of Nepal established in 2018. It consists of two houses: the National Assembly (upper
house) and the House of Representatives (lower house). The parliament was founded
on March 5, 2018. The current President is Ram Chandra Paudel and the Prime Minister
is Pushpa Kamal Dahal.

4. Two houses of Parliament of Nepal

Ans- Two Houses of the Federal Parliament of Nepal

• House of Representatives (Pratinidhi Sabha): It is the lower house of the


Federal Parliament of Nepal. The House has 275 members.

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• National Assembly (Rastriya Sabha): It is the upper house of the Federal
Parliament of Nepal.

5. Four features of Political system of Malaysia

Ans- Political System of Malaysia

• Federal Constitutional Monarchy: The King is the head of state and the Prime
Minister is the head of government.
• Parliamentary System: Executive power is exercised by the federal government
and the 13 state governments.
• Elective Monarchy: The Malaysian kings are chosen for a 5-year term from the 9
sultans of the states of the Malaysian peninsula.
• Multi-party System: Malaysia has had a multi-party system since the first direct
election of the Federal Legislative Council of Malaya in 1955.

6. Name of Head of state and prime minister of Malaysia

Ans- The current head of state of Malaysia is Sultan Abdullah of Pahang, who has been
serving as the Yang di-Pertuan Agong since 2019. The Prime Minister of Malaysia is
Anwar Ibrahim, who assumed office on November 24, 2022.

7. How is Yang de Pertuan Agong appointed in Malaysia?

Ans- The Yang di-Pertuan Agong, or the King of Malaysia, is elected by the Conference
of Rulers, which comprises the nine rulers of the Malay states. The election follows a
unique rotational system. The method and manner of the election are prescribed in the
Third Schedule of the Constitution and the Regulations of the Conference of Rulers.
Only a Ruler may be elected if he consents to be elected, and only Malay Rulers are
allowed to vote. The term of the Yang di-Pertuan Agong is five years.

8. Timbalan in Malaysia

Ans- In Malaysia, “Timbalan” translates to “Deputy” in English. It is often used in the


context of political positions. For instance, the “Timbalan Perdana Menteri” refers to the
Deputy Prime Minister of Malaysia. This is the second-highest political office in
Malaysia. The Deputy Prime Minister is appointed by the Prime Minister and is not a
position provided for in the constitution of Malaysia.

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9. Name of President and Prime Minister of Nepal

Ans- The current President of Nepal is Ram Chandra Poudel. The Prime Minister of
Nepal is Pushpa Kamal Dahal.

10. Organization of National Assembly of Nepal

Ans- The National Assembly of Nepal, also known as Rastriya Sabha, is the upper
house of the Federal Parliament of Nepal. It consists of 59 members. Eight members
are elected from each of the seven provinces by an electoral college of each province,
and three are appointed by the President. The members serve staggered six-year terms
such that the term of one-third members expires every two years. The current
Chairperson is Ganesh Prasad Timilsina.

11. Four main political parties of Malaysia

Ans- Four Main Political Parties of Malaysia

• United Malays National Organisation (UMNO): This has been the dominant
party in both the Barisan Nasional coalition and the country.
• Democratic Action Party (DAP): It is part of the Pakatan Harapan coalition.
• Pan-Malaysian Islamic Party (Parti Islam Se-Malaysia—PAS).
• Parti Keadilan Rakyat (PKR - People’s Justice Party): It is also part of the
Pakatan Harapan coalition.

12. How is president elected in Nepal

Ans- Election Process of the President of Nepal The President of Nepal is indirectly
elected by an electoral college, which consists of the members of the Federal
Parliament of Nepal and the members of the seven Provincial Assemblies. The election
process is as follows:

• An electoral college, consisting of voting members of the Federal Parliament and


the members of the seven Provincial Assembly, elects the President.
• If no candidate is elected, a second round is held between the top two candidates
of the first round.
• The tenure for the post of President is 5 years from the date of the election.
• An individual can be elected as the President for only two terms.

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13. Electoral college of Supreme Head of State in Malaysia

Ans- The Supreme Head of State, or the Yang di-Pertuan Agong, is elected by the
Conference of Rulers in Malaysia. This conference comprises the nine rulers of the
Malay states. The office is de facto rotated among them, making Malaysia one of the
world’s few elective monarchies. The term of the Yang di-Pertuan Agong is five years.

14. Form of state in Preamble of Nepalese Constitution, 2015

Ans- The Preamble of the Nepalese Constitution, 2015, declares Nepal as an


independent, indivisible, sovereign, secular, inclusive democratic, socialism-oriented
federal democratic republican state.

15. What is the head of state in Malaysia Called?

Ans- The head of state in Malaysia is called the Yang di-Pertuan Agong, also known as
the Supreme Head of the Federation, the Paramount Ruler, or simply the Agong. This
position is also unofficially known as the King of Malaysia.

16. Mention any two fundamental rights given in the constitution


of Nepal, 2015

Ans- The Constitution of Nepal, 2015, guarantees several fundamental rights. Here are
two of them:

• Right to Life with Dignity: This right ensures that every individual can live with
dignity.
• Right to Freedom of Speech and Expression: This right allows individuals to
express their opinions freely.

17. Conference of rulers of Malaysia

Ans- The Conference of Rulers (also known as Council of Rulers or Durbar, Malay:
Majlis Raja-Raja) in Malaysia is a unique council comprising the nine rulers of the Malay
states, and the governors or Yang di-Pertua Negeri of the other four states. It was
officially established by Article 38 of the Constitution of Malaysia. Its main responsibility
is the election of the Yang di-Pertuan Agong (King) and their deputy, the Timbalan
Yang di-Pertuan Agong, which occurs every five years or when the positions fall vacant.
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The Conference of Rulers also plays a role in amending the Constitution of Malaysia
and some other policies.

18. Day of Merdeka in Malaysia

Ans- The Day of Merdeka, also known as Malaysia’s Independence Day or ‘Hari
Merdeka’, is celebrated annually on August 31. It commemorates the Malayan
Declaration of Independence of August 31, 1957. This day marks the end of British
colonial rule and the emergence of the Federation of Malaya, the predecessor to
Malaysia.

NEPAL

1. Nepal: Historical and Constitutional Development

1. Write a short essay on Jan Andolan' of the Nepal.


Ans-

Title: The Jan Andolans: Catalysts for Democratic Change in Nepal

The history of Nepal is marked by a series of popular uprisings, known as the Jan
Andolans, which played a pivotal role in shaping the country’s political landscape.
These movements were instrumental in transitioning Nepal from an absolute monarchy
to a democratic republic.

The 1990 Jan Andolan

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The 1990 Jan Andolan, also known as the People’s Movement, was a significant turning
point in Nepal’s history. This movement officially started on February 18, 1990, which is
Democracy day in Nepal. In order to stall the movement, the government arrested
national and district-level leaders of both the Nepali Congress and the United Left
Front on February 17, 1990, and banned all opposition newspapers. This was a
multiparty movement that brought an end to the absolute monarchy and the
oppressive Panchayat political system. The movement resulted in the restoration of
multi-party democracy and the beginning of constitutional monarchy. The Nepali
Congress, a major political party in Nepal, played a crucial role in organizing this
nonviolent campaign.

Results of the 1990 Jan Andolan

The 1990 Jan Andolan resulted in

• the restoration of democracy and


• the abolition of the Panchayat system.
• Nepal transitioned from an absolute monarchy to a constitutional monarchy.

The movement was marked by the unity between the various political parties.

The 2006 Jan Andolan

The 2006 Jan Andolan, also known as the People’s Movement II, was another landmark
event in Nepal’s journey towards democracy. This movement, which took place from
April 4 to April 24, 2006, was triggered by a coup d’état by King Gyanendra.

The movement’s primary goals were

• the restoration of the parliament and


• the abolition of the monarchy.

The movement was successful, resulting in the restoration of the parliament, the
formation of the interim legislature of Nepal, and the establishment of Nepal as a
federal democratic republic. The Seven Party Alliance and the Communist Party of
Nepal (Maoist), which was leading a communist insurgency against the state, reached a
12-point understanding. This understanding was against King Gyanendra’s direct rule
and was a major factor in the success of the movement.

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Results of the 2006 Jan Andolan

The 2006 Jan Andolan ended King Gyanendra’s year-long usurpation of all authority
and created conditions conducive to a ceasefire in the brutal civil war between
government forces and the Communist Party of Nepal-Maoists (CPN-M). The
movement ended direct rule by Gyanendra, forced him to return power to the
reinstated parliament, and created a conducive environment for the signing of the
Comprehensive Peace Agreement (CPA) between the government and the rebel
Maoists in November 2006.

The major outcomes can be summed up as:

• restoration of the parliament


• formation of interim legislature of Nepal
• Nepal as a federal democratic republic

Impact on the Politics of Nepal

The Jan Andolans have had a profound impact on the politics of Nepal. The 1990 Jan
Andolan led to the establishment of a constitutional monarchy and the restoration of
multi-party democracy. This marked the end of the Panchayat system and the
beginning of a new era of political freedom. The 2006 Jan Andolan further
democratized the country by ending the monarchy and establishing Nepal as a federal
democratic republic. These movements have shaped the political landscape of Nepal,
leading to greater political freedom and human rights. They have also influenced the
country’s foreign relations and its standing in the international community.

Conclusion

The Jan Andolans of 1990 and 2006 were pivotal moments in Nepal’s history, marking
the transition from an absolute monarchy to a democratic republic. These movements,
driven by the collective will of the people, have shaped the political landscape of Nepal
and continue to inspire democratic movements around the world.

2. *Explain the nature and characteristics of Peoples’s War in Nepal. 15

Ans- The nature of the People’s War (Jan Andolans) in Nepal:

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1. Revolutionary: The People’s War was a revolutionary movement aimed at
overthrowing the existing political structure. It sought to establish a new socio-
political order based on the principles of equality and justice.
2. Mass Participation: The movement was characterized by mass participation.
People from all walks of life, irrespective of their socio-economic status,
participated in the movement, making it a true 'People’s War’.
3. Violent Struggle: The movement often involved violent struggles. The Maoist
insurgency, in particular, was marked by a decade-long violent conflict.
4. Political Unity: Despite ideological differences, various political parties united for
the common cause of ending autocracy and establishing democracy.
5. Impactful: The movements had a significant impact on the political landscape of
Nepal. They led to the end of the monarchy and the establishment of a
democratic political system.
6. Persistent: The movements were persistent in nature. Even after achieving
certain milestones, the struggle continued until the complete establishment of
people’s sovereignty.

The People’s War, also known as Jan Andolans, in Nepal refers to a series of popular
movements that aimed to bring about political and social change. Some key
characteristics of this movement are:

1. Mass Mobilization: The Jana Andolan of 2006 was revolutionary in its principles
and mass mobilization. It received overwhelming support from people from all
walks of life.
2. Involvement of Maoists: The Maoists of Nepal joined the Nepali Congress and
the parliamentary communist groups to advance the ‘mass struggle’ during the
students’ struggle of 1979-80 and the first Jan Andolan of 1989-90.
3. People’s Supremacy: The People’s movement of 1990 has been popularly known
as Janandolan. It is considered that the Janandolan was incomplete to establish
people’s sovereignty. Thus the Nepali people needed Jana Andolan-II.
4. End of Absolute Monarchy: The 1990 People’s Movement (2046 Jana Andolan)
was a multiparty movement that ended the absolute monarchy and initiated the
era of constitutional monarchy.

In essence, the People’s War in Nepal was a transformative, mass-driven movement


that overthrew the monarchy and established a democratic system. Despite violent
struggles, the unity of political parties and the people’s persistent pursuit of democracy
and sovereignty led to significant socio-political change.
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2. Maoist Insurgency: The Peace Process and the interim
Constitutions 2007

1. Critically analyse the role of Left and Maoist struggle in Nepali


Politics.

Ans- Introduction: The Left and Maoist struggle, a significant chapter in Nepali
politics, has been a transformative force. It has driven substantial socio-political
changes, marking a shift from monarchy to democracy, and has given voice to the
marginalized sections of society.

Achievements of the Maoist Movement:

1. Revolutionary Transformation: The Maoists, since their formation in 1994, have


undergone radical transformations, shifting from a guerrilla warfare unit to a key
democratising force within Nepali politics.
2. Socio-Political Change: The Maoists aimed to benefit the poor and marginalised
sectors of Nepali society by uprooting the monarchy and feudalism. The conflict
succeeded in providing marginalised populations with a wider political space to
articulate their grievances.
3. Democratic Politics: The Maoists have facilitated the democratisation of Nepali
politics. In the first Constituent Assembly election of April 2008, minorities gained
substantial representation for the first time in Nepali history.
4. End of Monarchy: The Maoists’ biggest achievement so far has been the
overthrow of the monarchy in 2008.

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5. Inclusive Democracy: The progressive changes in Nepal’s state structure since
2006 that resulted directly from the People’s War included the establishment of a
republic, inclusive democracy with proportional representation, reserved quotas
for women’s representation, federalism, constitutional provision for identity-
based autonomous or protected areas for minorities, education, health and
housing as fundamental rights, and the increase in the participation of Dalits in
politics.

Challenges created by the Maoist Movement:

1. Political Deadlock: Despite the impressive political developments, the


Constituent Assembly failed to produce the new constitution it was originally
tasked with writing, and its dissolution has left the country in a political and
constitutional deadlock.
2. Role of Leftist Parties: Factional fighting within and among political parties led
to rapid changes in government and prompted parties to spend precious time
and resources on maintaining or acquiring power.
3. Identity Politics: Redefining identity in the Nepali context to be an element of
class struggle was key to the expansion of the Maoist cause. The participation of
Dalits, Janajatis and women in the People’s War was unprecedented in the history
of Nepal’s political movements.
4. Economic Stagnation: Another daunting challenge for the Maoists relates to
Nepal’s stagnant economy.
5. Achieving Consensus: The key challenge moving forward will be to achieve
consensus on disputed issues, such as models of federalism and governance
mechanisms.

Conclusion: Despite remarkable achievements such as socio-political transformation


and the establishment of a democratic system, the Left and Maoist struggle in Nepal
continues to face considerable challenges. These include political deadlock, economic
stagnation, and the complexities of identity politics. The future of Nepal’s political
landscape hinges on addressing these issues effectively.

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3. The Preamble, Fundamental Rights, Directive
Principles of State Policy.

1. ***Write the salient features of Constitution of Nepal, 2015.

Ans- The Constitution of Nepal, 2015, is a landmark document that marks a significant
shift in the country’s political landscape. It embodies the aspirations of the Nepalese
people for a democratic, inclusive, and federal system. This overview highlights the key
features of the Constitution, from the creation of an elected constituent assembly to
the establishment of Nepal as a secular state. Despite some controversies, it represents
a major step towards a more equitable and representative Nepal.

Let’s delve deeper into these salient features.

1) Creation of an Elected Constituent Assembly: The Constitution of Nepal, 2015,


is unique as it is the creation of an elected constituent assembly for the first time
in Nepal’s history. This marked a significant shift in the country’s political
landscape, moving away from the traditional monarchy to a system that is
representative of the people’s will.
2) Republican Values: The Constitution is based on republican values, marking a
shift from monarchy to a democratic system. This reflects Nepal’s commitment to
democratic values and the empowerment of its citizens. It signifies the end of an
era of absolute monarchy and the beginning of an era where the people are the
ultimate source of political power.
3) Three-Tier Federal System: The Constitution establishes a three-tier federal
system, dividing the country into seven federal provinces. This federal structure is
aimed at decentralizing power and ensuring equal representation of all regions. It

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is a significant step towards addressing the diverse ethnic, linguistic, and regional
identities of Nepal.
4) Economic, Social, and Cultural Rights: The Constitution guarantees many new
economic, social, and cultural rights to the people. These rights include the right
to employment, health, education, housing, food security, and social security. It
also recognizes the rights of traditionally marginalized groups and aims to
address historical injustices.
5) Secular State: The Constitution establishes Nepal as a secular state, ensuring
freedom of religion and belief. It signifies a break from the past when Nepal was
officially a Hindu state.
6) Inclusive Democracy: The Constitution aims to create an inclusive democracy
with proportional representation, reserved quotas for women’s representation,
federalism, constitutional provision for identity-based autonomous or protected
areas for minorities, education, health and housing as fundamental rights, and
the increase in the participation of Dalits in politics.
7) Bicameral Parliament: The Constitution establishes a bicameral parliament,
consisting of the House of Representatives and the National Assembly. This
ensures a balanced representation of all regions and communities.
8) Executive Rights: Executive rights are vested in the Council of Ministers headed
by the Prime Minister. This ensures a clear separation of powers and checks and
balances.
9) Independent Judiciary: The Constitution establishes an independent judiciary,
ensuring the rule of law and protection of citizens’ rights.

10) Press Freedom: The Constitution guarantees complete press freedom, ensuring
the right to information and freedom of expression.

11)Citizenship: The Constitution provides provisions for single federal citizenship


with State identity. It also provides for the right of a person acquiring citizenship by
descent to obtain the citizenship certificate with gender identity by the name of his or
her mother or father.

Despite these progressive features, the Constitution has also been a subject of
controversy and debate, particularly regarding issues of representation and federal
restructuring. However, it represents a significant step towards establishing a
democratic, inclusive, and federal system in Nepal.

2. Write a comment on fundamental rights in Nepal.


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Ans- The Constitution of Nepal, promulgated in 2015, guarantees 31 fundamental
rights to its citizens. These rights are enshrined in the constitution from Article 16 to
Article 46. Here is a more detailed look at some of these rights:

1. Right to live with dignity (Article 16): This right ensures that every citizen has
the right to live a life of dignity, free from any form of oppression or
discrimination.
2. Right to freedom (Article 17): This includes the freedom of thought, expression,
and association. It also encompasses the freedom to form unions, political
parties, and other associations.
3. Right to equality (Article 18): This right ensures that all citizens are equal before
the law, and no one shall be discriminated against on grounds of religion, race,
sex, caste, tribe, or ideological conviction.
4. Right to communication (Article 19): This right guarantees the freedom of
opinion and expression, the right to information, and the freedom of the press.
5. Right relating to justice (Article 20): This right ensures that every person has
the right to access justice and fair trial.
6. Right of a victim of a crime (Article 21): This right ensures that victims of crime
have the right to justice, including the right to fair treatment and reparations.
7. Right against torture (Article 22): This right protects individuals from being
subjected to torture, cruel, inhuman, or degrading treatment or punishment.

These rights are further supplemented by rights relating to property, religious freedom,
information, privacy, exploitation, environment, education, language and culture,
employment, labor, health, food, shelter, women, children, Dalits, senior citizens, social
justice, social security, consumer, banishment, and constitutional remedies.

It’s important to note that these rights are not absolute and are subject to reasonable
restrictions imposed by law. The constitution also outlines the duties of every Nepalese
citizen, such as safeguarding the nationality, sovereignty, and integrity of Nepal. This
balance of rights and duties is crucial in maintaining a harmonious and just society.

The evolution of Fundamental rights in Nepal

The evolution of these rights in Nepal has been significant. The Constitution of the
Kingdom of Nepal in 1959 mentioned only 7 fundamental rights. The expansion of
these rights over time reflects Nepal’s commitment to promoting human rights and
equality among its citizens.

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For instance, the constitution of 2015 ensured the rights of women as a fundamental
right and set aside 33% representation of women in Nepal’s legislature. This is a major
breakthrough compared to the earlier constitutions.

Conclusion

In conclusion, the fundamental rights in Nepal are comprehensive and aim to ensure a
dignified and free life for all its citizens. They form the backbone of the nation’s legal
and social framework, promoting equality and justice. However, the effective
implementation of these rights is equally important and requires continuous effort and
vigilance from all stakeholders.

4. The State: The Executive, The Legislature and Judiciary

1. ****Explain the powers, functions and role of the President of Nepal.

Ans- The President is largely a ceremonial head of the state but has some of the
powers and functions to perform, majorly on the aid and advice of the Prime Minister.

1. Election Process of the President of Nepal: The President of Nepal is elected by an


electoral college comprising the Federal Parliament of Nepal and the provincial
assemblies of each of Nepal’s seven provinces. The office was created in May 2008 after
the country was declared a republic. The current president is Ram Chandra Poudel who
was sworn in on 13 March 2023.

• Eligibility: A person shall be eligible to be president if he/she fulfills the following


qualifications:

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o He/she is eligible to be a member of the Federal Parliament.
o He/she has attained at least 45 years of age.
o Is not ineligible by any law.
• Limitation: A person who has already been elected president for two terms, shall
not be eligible to be a presidential candidate for the presidential election
thereafter.
• Electoral College: The electoral college is composed of 881 members, of which
331 are from the federal parliament and 550 from the provincial assemblies, with
a vote “weight” of 79 and 48 each, respectively.

2. Powers and Functions of the President of Nepal: The President of Nepal holds a
largely ceremonial role, but the position also has certain discretionary powers under
the Constitution of Nepal.

• Appointments: The President has the power to appoint the Prime Minister, Chief
Justice, and other constitutional officials.
• Pardon and Amnesty: The President also has the power to pardon convicted
criminals and to grant amnesty.
• Constitutional Duties: The President shall exercise such powers and perform
such duties as conferred on him or her in accordance with this Constitution or the
Federal law.
• Mobilization of the Nepal Army: The President shall, in accordance with a
decision of Government of Nepal, Council of ministers on recommendation of the
National Security Council, declare the mobilization of the Nepal army in case
where a grave emergency arises in regard to the sovereignty or territorial
integrity of Nepal or the security of any part.

3. Role of the President of Nepal: As per the Constitution of Nepal 2015, the
President is the Head of the State and the protector and patron of the Constitution.

• Upholding National Unity: The primary responsibility of the President is to


promote national unity of Nepal.
• Constitutional Protection: The main duty of the President shall be to abide by
and protect the Constitution.
• Guardian of the Constitution: In Nepal, the president is the guardian of the
constitution; and compliance and protection of the constitution shall be the main
duties of the president.

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In conclusion, the President of Nepal, as the head of state, plays a crucial role in
upholding the Constitution and promoting national unity. While the position is largely
ceremonial, it carries significant powers such as appointing key officials and pardoning
criminals. The President’s role, powers, and functions are a testament to Nepal’s
commitment to democratic principles and the rule of law. However, the effective
implementation of these powers and duties requires continuous effort and vigilance
from all stakeholders. This ensures that the rights and freedoms guaranteed by the
Constitution are upheld, contributing to a harmonious and just society.

2. **Examine the powers, functions and role of Prime Minister of Nepal.


15

Or

*Examine the role of Prime Minister in Politics of Nepal.

Ans- 1. Role of the Prime Minister: The Prime Minister of Nepal is

• the head of government and


• chief executive of Nepal.
• The Prime Minister chairs the Council of Ministers of Nepal,
• is the chief adviser to the President of Nepal.
• The Prime Minister is a member of the House of Representatives of
Nepal and
• is the highest-ranking federal officer within the government.

2. Powers and Functions of the Prime Minister:

❖ Appointment of Ministers: The Prime Minister recommends persons who can be


appointed as ministers by the President. This power allows the Prime Minister to
shape the composition of the government and ensure that it is capable of
implementing its policy agenda.
❖ Presiding Over Meetings: The Prime Minister presides over the meetings of the
Council of Ministers and influences its decisions. This role allows the Prime Minister
to guide the discussion and decision-making process within the government.
❖ Principal Channel of Communication: The Prime Minister is the principal channel
of communication between the President and the Council of Ministers. This role
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ensures that there is effective coordination and communication between the head of
state and the government.
❖ Executive Power: Together with their Council of Ministers, the Prime Minister
exercises executive power in the country. This includes
 implementing laws,
 administering the government’s budget, and
 directing the foreign and domestic policies of the government.

3. Evolution of the Role of Prime Minister: The position of Prime Minister in Nepal
has evolved over time. During the reign of the Shah dynasty, either Chautariya, Kaji or
Mulkajis (Chief Kajis) served the function of prime ministers. The executive power
allocation was fluctuating between Kajis and Chautariyas. In 1804, a single authoritative
position of Mukhtiyar was created by Rana Bahadur Shah which carried the executive
powers of the nation. The position of Prime Minister was officially established in
November 1843 by Mathabar Singh Thapa.

In conclusion, the Prime Minister of Nepal, as the head of government, plays a crucial
role in the governance of the country. The Prime Minister’s powers and functions are a
testament to Nepal’s commitment to democratic principles and the rule of law.
However, the effective implementation of these powers and duties requires continuous
effort and vigilance from all stakeholders. This ensures that the rights and freedoms
guaranteed by the Constitution are upheld, contributing to a harmonious and just
society.

3. ****Evaluate the composition, powers and functions of Parliament in


Nepal. 15

Ans- 1. Composition of the Parliament: The Federal Parliament of Nepal is a


bicameral federal and supreme legislature of Nepal established in 2018. It consists of
the National Assembly and the House of Representatives.

• National Assembly: The National Assembly is the upper house of the Federal
Parliament of Nepal. There are a total of 59 members: 8 members are elected
from each of the seven provinces by an electoral college of each province, and
three are appointed by the President on recommendation of the government.
Members serve staggered six-year terms such that the term of one-third
members expires every two years.

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• House of Representatives: The House of Representatives, or Pratinidhi Sabha, is
the lower house of the Federal Parliament of Nepal. The House has 275 members;
165 elected from single-member constituencies by first-past-the-post voting and
110 elected through proportional electoral system where voters vote for political
parties, considering the whole country as a single election constituency. They
hold their seats for five years or until the body is dissolved by the President on
the advice of the council of ministers.

2. Powers and Functions of the Parliament: The Parliament of Nepal has several key
powers and functions, including:

• Legislative Power: The Parliament has the power to formulate laws within the
jurisdiction related to federal, concurrent, and residual power.
• Formation of Government: The Parliament has the power to form the
government.
• Approval of Policies and Programs: The Parliament discusses and approves the
government’s policies and programs.
• Constitutional Amendments and Referendums: The Parliament makes
decisions regarding constitution amendment and general referendum.
• Budget Approval: The Parliament discusses and approves the budget.
• Government Oversight: The Parliament oversees the performance of the
government.

Impeachment powers: The Parliament of Nepal can impeach the following officials:

1. Chief Justice or a Justice of the Supreme Court


2. Chief Commissioner or a Commissioner of the Commission for the Investigation
of Abuse of Authority
3. Auditor General
4. Chairperson or a Member of the Public Service Commission
5. Chief Commissioner or a Commissioner of the Election Commission
6. Chairperson or a member of the National Human Rights Commission

Grounds for impeachment include

• incompetence,
• misconduct, or
• failure to honestly discharge their duties.

UPSAINIAN AKHILESH PAGE 19


In conclusion, the Parliament of Nepal, as the supreme legislative body, plays a crucial
role in the governance of the country. The Parliament’s composition, powers, and
functions are a testament to Nepal’s commitment to democratic principles and the rule
of law. However, the effective implementation of these powers and duties requires
continuous effort and vigilance from all stakeholders. This ensures that the rights and
freedoms guaranteed by the Constitution are upheld, contributing to a harmonious
and just society.

4. *Analyse structure, role and functions of Judiciary in the democratic


politics of Nepal. 15

Ans- 1 . Structure of the Judiciary: The Judiciary of Nepal is structured into three
tiers :

• Supreme Court: The Supreme Court is the highest court in Nepal. It consists of
one Chief Justice and twenty Justices . The Supreme Court has both original and
appellate jurisdiction .
• High Courts: There are seven High Courts, one in each province .
• District Courts: There are 75 District Courts, one in each district .

2. Role of the Judiciary: The Judiciary plays a crucial role in maintaining the rule of
law in the country . It is the interpreter of the constitution and the law . It protects and
promotes democracy. It is an independent body for fair justice .

3 . Powers of the Judiciary: The Judiciary has several key powers:

• Judicial Review: The Judiciary has the power to review the constitutionality of
the laws made by the legislature .
• Interpretation of Law: The Judiciary has the power to interpret the laws made by
the legislature while deciding the case .
• Punishment: The Judiciary has the power to give legal punishment to the guilty
party .

4. Functions of the Judiciary: The Judiciary performs several key functions:

• Protection of Rights and Freedom: The Judiciary protects the rights and
freedom of the people . It prevents the violation of the fundamental rights of
every citizen .

UPSAINIAN AKHILESH PAGE 20


• Advisory Function: If needed, the Judiciary also gives advice to the legislature,
executive, or other constitutional organs in various complicated legal and
constitutional matters.

In conclusion, the Judiciary of Nepal, as an independent body, plays a crucial role in the
governance of the country. The Judiciary’s structure, role, powers, and functions are a
testament to Nepal’s commitment to democratic principles and the rule of law.
However, the effective implementation of these powers and duties requires continuous
effort and vigilance from all stakeholders. This ensures that the rights and freedoms
guaranteed by the Constitution are upheld, contributing to a harmonious and just
society.

5. Examine the composition, powers and functions of Supreme Court of


Nepal. 15

Ans-

1. Composition of the Supreme Court: The Supreme Court of Nepal consists of the
Chief Justice and twenty Justices. The Justices hold their office until the age of sixty-five
and may be removed through an impeachment motion passed by a two-thirds majority
of the House of Representatives.

2. Powers of the Supreme Court:

The Supreme Court of Nepal is the highest court in the country. It has both original and
appellate jurisdiction.
• Original Jurisdiction: The Supreme Court has original jurisdiction over cases
involving the constitution and federal laws. It also has extraordinary original
jurisdiction.
• Appellate Jurisdiction: The Supreme Court has appellate jurisdiction over
decisions of the seven High Courts (including eleven Benches of the High

UPSAINIAN AKHILESH PAGE 21


Courts). It also has appellate jurisdiction over matters arising from judgments and
orders of the High Courts, or any other court or tribunal below it.
• Interpretation of the Constitution: The Supreme Court has the power to
interpret the Constitution of Nepal, and its decisions are binding on all other
courts in the country.
• Declaring the laws null and void: If found to be incompetent with the
constitution of Nepal via the process of judicial review.
• Administration: The Supreme Court has the power of making rules,
administration of all the Court of Appeal and all the District Courts, formulating
policies and programs regarding judicial administration, managerial reforms in
various courts, the publication and dissemination of the Supreme Court decisions.

3. Functions of the Supreme Court:

• Guardian of the Constitution: The Supreme Court is the guardian of the


Constitution.
• Hearing Writ Petitions: The Supreme Court has the power of hearing writ
petitions.
• Hearing Appeals: The Supreme Court has the power of hearing appeal.
• Reviewing Judgments: The Supreme Court has the power of reviewing its own
judgments and the power to revise the judgments delivered by the Court of
Appeal.
• Trying Certain Cases: The Supreme Court has the power to try certain cases as
specified by law.

In conclusion, the Supreme Court of Nepal plays a crucial role in upholding the rule of
law and democratic principles in the country. It ensures that the rights and freedoms
guaranteed by the Constitution are upheld, contributing to a harmonious and just
society. However, the effective implementation of these powers and duties requires
continuous effort and vigilance from all stakeholders.

UPSAINIAN AKHILESH PAGE 22


5. The 2008 Constituent Assembly Elections: Later
Developments with role of the Political Parties

1. Write an essay on Party System in Nepal.

Ans- Title: The Party System in Nepal: A Detailed Overview

Introduction

The party system in Nepal operates within the framework of a federal parliamentary
republic with a multi-party system. This system is a cornerstone of democratic
governance, allowing for a diversity of political ideologies to coexist and compete for
power.

Major Political Parties

The major political parties in Nepal include the Nepali Congress (NC), Communist Party
of Nepal (UML), Communist Party of Nepal (Maoist-centre), CPN (Unified Socialist),
People’s Socialist Party, Nepal, Loktantrik Samajwadi Party, Nepal and People’s
Progressive Party. These parties, each with their unique ideologies and political
positions, play a crucial role in shaping the country’s political landscape.

Ideological Spectrum

While all major parties officially espouse democratic socialism, UML, Unified Socialist
and Maoist-centre are considered leftist while the Nepali Congress, Democratic
Socialist Party and People’s Progressive Party are considered centrist, with most
considering them center-left and some center-right.

UPSAINIAN AKHILESH PAGE 23


Electoral System

The electoral system in Nepal is designed to ensure broad representation. For instance,
eight members of the National Assembly are elected from each of the seven provinces
of Nepal and 3 members are appointed by the President for a total of 59 members.
Composition of members from each province have to include three women, a Dalit,
and a disabled person or member of a minority.

Party Organization and Internal Dynamics

The internal dynamics of individual political parties, such as party organization,


authority structure, factions, etc, are also crucial aspects of the party system in Nepal.
These dynamics can influence the party’s decision-making process, candidate selection,
policy formulation, and more.

Role of Regional Parties

In addition to the major national parties, there are also numerous regional parties in
Nepal. These parties often represent the interests of specific ethnic, linguistic, or
regional groups, and can play a significant role in local politics.

Key roles of political parties in Nepal:

1. Political Transformation: Political parties have played an instrumental role in


political transformations in Nepal. The restoration of democracy in 1990 was a
major milestone in Nepal’s political history.
2. Construction of Legal/Political Structures: After 1990, political parties in Nepal
have been involved in the construction of legal and political structures for a
multiparty system.
3. Elections and Governance: Political parties have gained primacy in politics,
elections, and governance. They are responsible for fielding candidates in
elections and forming the government.
4. Representation of People’s Interests: Political parties represent the interests of
different segments of the population. They give voice to various social, economic,
and political issues.
5. Policy Formulation: Political parties play a crucial role in policy formulation. They
shape the country’s policies based on their ideologies and the interests of their
constituents.

UPSAINIAN AKHILESH PAGE 24


6. Maintaining Checks and Balances: Political parties also play a role in
maintaining checks and balances in the government. Opposition parties, for
instance, scrutinize the government’s actions and policies.
7. Social Mobilization: Political parties mobilize and organize people around
various issues. They play a key role in raising public awareness and driving social
change.
8. Conflict Resolution: Political parties often play a role in conflict resolution.

Coalition Politics

Given the multi-party nature of the system, coalition politics is a common feature in
Nepal. Parties often need to form alliances with others to secure a majority in the
parliament. These coalitions can be fluid and change in response to shifting political
circumstances.

International Relations and Party Politics

The foreign policies of different parties and their stance on international relations is
another important aspect of the party system. Parties’ views on issues such as relations
with neighboring countries, regional cooperation, and international trade can
significantly influence the country’s foreign policy.

Conclusion

The party system in Nepal, characterized by its multi-party structure and diverse
ideological spectrum, plays a pivotal role in the country’s democratic process. It allows
for the representation of a wide range of political views and ensures that the voices of
various segments of society are heard in the corridors of power. The system’s
complexity, with its internal dynamics, coalition politics, and the influence of
international relations, makes it a fascinating subject of study.

2. *Explain the role of Maoist Party in the politics of Nepal.

Ans- The Communist Party of Nepal (Maoist Centre) has been a pivotal force in the
political landscape of Nepal. The party initiated a ‘people’s war’ that led to significant
political transformations, including the overthrow of the monarchy and the
establishment of a federal democratic republic.The Maoist Party has been instrumental
in giving voice to marginalized populations, including Dalits, women, the landless, and

UPSAINIAN AKHILESH PAGE 25


ethnic and indigenous people. Their movement has facilitated the democratization of
Nepali politics by providing these groups with a wider political space.

The major role played by the Maoist Party can be described as follows:

1. Initiating Political Change: The Maoist Party initiated a ‘people’s war’ that led to
significant political transformations in Nepal, including the overthrow of the
monarchy and the establishment of a federal democratic republic.
2. Representing Marginalized Groups: The Maoist Party has been instrumental in
giving voice to marginalized populations, including Dalits, women, the landless,
and ethnic and indigenous people. Their movement has facilitated the
democratization of Nepali politics by providing these groups with a wider
political space.
3. Policy Formulation: As a major political party, the Maoist Party has been
involved in policy formulation at both the national and local levels. Their policies
often reflect their commitment to social justice and economic equality.
4. Participation in Governance: The Maoist Party has participated in governance at
various levels. They have held positions in the national government, and have
also been involved in local governance.
5. Peace Process and Conflict Resolution: The Maoist Party played a crucial role in
the peace process that ended the civil war. They signed a peace agreement in
2006, agreeing to join mainstream politics and end their armed struggle.
6. Constitution Drafting: The Maoist Party played a key role in the drafting of
Nepal’s new constitution, which was adopted in 2015.
7. Coalition Building: The Maoist Party has been involved in coalition building with
other political parties. They have formed alliances with other parties to govern at
the national and provincial levels.

These roles highlight the significant impact the Maoist Party has had on the political
landscape of Nepal. They have been instrumental in shaping the country’s transition
from a monarchy to a federal democratic republic.

3. *Elaborate the role of Nepalese Congress in the political


development of Nepal. 15

Ans- Introduction

UPSAINIAN AKHILESH PAGE 26


The Nepalese Congress, officially known as the Nepali Congress (NC), is the oldest
democratic socialist political party in Nepal and the largest party in the country. The
party was founded on April 9, 1950.

Formation and Early Years

The Nepali National Congress was founded by Matrika Prasad Koirala in Calcutta, India
on January 25, 1946. The Nepal Democratic Congress was founded by Subarna
Shumsher Rana in Calcutta on August 4, 1948. These two parties merged on April 10,
1950, to form the Nepali Congress, with B. P. Koirala becoming its first president.

Roles played by Nepalese Congress

Political Transformation

The formation of the Nepali Congress marked a significant milestone in the political
history of Nepal. The party played a pivotal role in the abolition of the Rana rule in
1951, marking the end of a century-long autocratic regime and the beginning of
democratic governance in Nepal.

Elections and Governance

The Nepalese Congress has been a major player in Nepal’s elections and governance.
The party has been elected with a majority three times; in 1959, 1991, and 1999. It
emerged as the single largest party from the 2013 Constituent Assembly election. The
party has led the government fourteen times, with seven Nepali Congress prime
ministers.

Policy Formulation

As a major political party, the Nepalese Congress has been involved in policy
formulation at both the national and local levels. Their policies often reflect their
commitment to democratic socialism. The party has placed great emphasis on
eliminating the feudal economy and building a basis for socioeconomic development.

Constitution Drafting

The Nepalese Congress played a key role in the drafting of Nepal’s new constitution,
which was adopted in 2015. The constitution established Nepal as a federal democratic
republic, ensuring the rights and representation of marginalized communities.
UPSAINIAN AKHILESH PAGE 27
Conclusion

The Nepalese Congress has significantly influenced the politics of Nepal, from
launching a people’s war to joining mainstream politics and leading the country
towards democratic governance. Despite facing challenges, the party continues to play
a crucial role in shaping Nepal’s political landscape. The party’s commitment to
democratic socialism and its efforts to represent the interests of various segments of
society have made it a key player in Nepal’s political development.

6. The Domestics Compulsions of the Foreign Policy –


making

1. ******Discuss in detail the domestic compulsions of the foreign


policy of Nepal. 15

Or

Identify major determinants of the foreign policy making of the 21st


Century Nepal.15

Ans- Political Stability

Political stability is a significant domestic factor that influences Nepal’s foreign policy.
The country has undergone numerous political transformations, including the abolition
of the Rana rule, the establishment of democracy, and the transition to a federal

UPSAINIAN AKHILESH PAGE 28


republic. Political upheavals and changes in government can lead to shifts in foreign
policy priorities.

Economic Considerations

Economic factors also play a crucial role in shaping Nepal’s foreign policy. As a
landlocked and developing country, Nepal relies heavily on its neighbors, particularly
India and China, for trade and transit. Economic considerations often influence Nepal’s
relations with these countries and its stance on regional economic cooperation.

Security Concerns

Security concerns are another domestic compulsion. Nepal’s geopolitical location


between two major powers, India and China, presents both opportunities and
challenges. Ensuring national security and territorial integrity is a key priority for Nepal,
influencing its relations with its neighbors and its stance on regional security issues.

Societal Factors

Societal factors, including public opinion, also influence Nepal’s foreign policy. The
views and aspirations of the Nepalese people, as well as pressure from civil society, can
shape the country’s foreign policy decisions.

Constitutional Principles

Nepal’s foreign policy is guided by the principles outlined in its constitution, including
non-alignment, peaceful coexistence, and respect for international law. These principles
reflect Nepal’s domestic political values and aspirations.

Geographical Constraints

As a landlocked country, Nepal’s geographical constraints significantly influence its


foreign policy. The country relies on its neighbors, particularly India and China, for
access to sea ports and international markets.

Developmental Needs

Nepal’s developmental needs also shape its foreign policy. The country seeks foreign
aid, investment, and technical assistance to support its development goals. This
influences its relations with donor countries and international organizations.

UPSAINIAN AKHILESH PAGE 29


Internal Political Dynamics

Internal political dynamics, including party politics and power struggles, can also
influence Nepal’s foreign policy. Different political parties and factions may have
different foreign policy priorities, which can affect the country’s international relations.

Conclusion

In conclusion, various domestic factors, including political stability, economic


considerations, security concerns, societal factors, constitutional principles,
geographical constraints, developmental needs, and internal political dynamics, shape
the foreign policy of Nepal. These domestic compulsions influence Nepal’s relations
with other countries and its stance on regional and international issues.

2. *Trace but the genesis and growth of Nepalese foreign policy. 15

Ans- Genesis and Growth of Nepalese Foreign Policy

Genesis

The genesis of Nepal’s foreign policy can be traced back to the 1950s, when the
country began a gradual opening up and committed to a policy of neutrality and
nonalignment. This was a significant shift from the isolationist policies of the Rana
regime, which had ruled Nepal from 1846 to 1951.

Early Development

In the early years of its foreign policy, Nepal focused on maintaining its sovereignty
and independence while developing relations with its neighbors, particularly India and
China. The 1950 Treaty of Peace and Friendship with India and the 1956 agreement
with China recognizing Tibet as a part of China were key milestones in this period.

Nonalignment and Zone of Peace

At the 1973 summit of the Nonaligned Movement in Algiers, Late King Birendra
proposed that “Nepal, situated between two of the most populous countries of the
world, wishes her frontiers to be declared a zone of peace.” This proposal, which was
endorsed by many countries, reflected Nepal’s commitment to nonalignment and
peaceful coexistence.

UPSAINIAN AKHILESH PAGE 30


Post-1990 Developments

Since the restoration of democracy in 1990, Nepal’s foreign policy has diversified. The
country has sought to develop relations with countries beyond its immediate neighbors
and has actively participated in regional and international organizations.

21st Century

In the 21st century, Nepal’s foreign policy has continued to evolve. The country has
sought to balance its relations with India and China, pursued economic diplomacy to
attract foreign investment, and taken on a more active role in addressing global issues
such as climate change.

Factors affecting the Foreign Policy of Nepal

1. Geopolitical Location

Nepal’s geopolitical location between two major powers, India and China, significantly
influences its foreign policy. The country’s location presents both opportunities and
challenges, and it has sought to maintain good relations with both of its neighbors
while also asserting its independence.

2. Political Stability

Political stability is another major determinant of Nepal’s foreign policy. The country
has undergone numerous political transformations, including the abolition of the Rana
rule, the establishment of democracy, and the transition to a federal republic. These
political changes have had significant impacts on the country’s foreign policy.

3. Economic Considerations

As a landlocked and developing country, Nepal’s economic considerations play a


crucial role in shaping its foreign policy. The country relies heavily on its neighbors,
particularly India and China, for trade and transit. Economic considerations often
influence Nepal’s relations with these countries and its stance on regional economic
cooperation.

4. Security Concerns

UPSAINIAN AKHILESH PAGE 31


Security concerns are another major determinant of Nepal’s foreign policy. Ensuring
national security and territorial integrity is a key priority for Nepal, influencing its
relations with its neighbors and its stance on regional security issues.

5. Societal Factors

Societal factors, including public opinion, also influence Nepal’s foreign policy. The
views and aspirations of the Nepalese people, as well as pressure from civil society, can
shape the country’s foreign policy decisions.

6. Constitutional Principles

Nepal’s foreign policy is guided by the principles outlined in its constitution, including
non-alignment, peaceful coexistence, and respect for international law. These principles
reflect Nepal’s domestic political values and aspirations.

7. Developmental Needs

Nepal’s developmental needs also shape its foreign policy. The country seeks foreign
aid, investment, and technical assistance to support its development goals. This
influences its relations with donor countries and international organizations.

8. Internal Political Dynamics

Internal political dynamics, including party politics and power struggles, can also
influence Nepal’s foreign policy. Different political parties and factions may have
different foreign policy priorities, which can affect the country’s international relations.

In conclusion, the genesis and growth of Nepal’s foreign policy reflect the country’s
evolving political landscape, strategic considerations, and aspirations on the global
stage.

3. Evaluate the Madheshi Movement in Nepal.

Or

Write an essay on the Madhesi movement of Nepal. 15

Ans- The Madhesi Movement in Nepal

UPSAINIAN AKHILESH PAGE 32


Introduction

The Madhesi Movement is a significant political movement in Nepal, launched by


various political parties, especially those based in Madhes. The movement seeks equal
rights, dignity, and identity for Madhesis, Tharus, Muslims, and Janjati groups in Nepal.

Historical Background

The term Madheshi became widely recognized for Nepali citizens with an Indian
cultural background only after 1990. Madheshi people comprise various cultural groups
such as Hindu caste groups, Muslims, Marwaris, and indigenous people of the Terai.
Many of these groups share cultural traditions, educational, and family ties with people
living south of the international border in Bihar, Uttar Pradesh, and West Bengal.

The First Madhes Movement (2007)

The first Madhes Movement broke out in the southern plains of Nepal in 2007. The
movement was triggered when the seven-party alliance of political parties and CPN-
Maoist pronounced the interim constitution of Nepal, which deliberately ignored the
demands of Madhesis and other marginalized communities for federalism and equal
representation. The first Madhes movement was successful in bringing constitutional
identity, representation, and political power to a certain limit.

The Second Madhes Movement (2008)

The second Madhes Movement took place in 2008, jointly launched by Madhesi
Janaadhikar Forum-Nepal, the Terai Madhes Loktantrik Party, and the Sadbhawana
Party. The three political goals of this movement included federalism, proportional
representation, and population-based election constituency, which were later ensured
in the 2008 Interim Constitution of Nepal.

The Third Madhes Movement (2015)

The third Madhes Movement erupted in 2015. The movement was a consequence of
grievances of the ethnic groups against the state of Nepal. The Madhesis were yearning
for federalism, autonomy, and inclusion in the state organs, proportional
representation in the power structure of Nepal through political devolution rather than
mere decentralization.

UPSAINIAN AKHILESH PAGE 33


Conclusion

The Madhesi Movement has been a struggle for representation, inclusion, and
recognition. It has brought to the forefront the issues of ethnic Madhesis, seeking to
gain equitable political representation, social inclusion, and recognition of Madheshi
identity in the constitution of Nepal and in the broader society. Despite the challenges,
the movement continues to shape the political landscape of Nepal, advocating for the
rights and representation of marginalized communities.

MALAYSIA

1. The basic feature of the Federal Constitution 1957

1. ****Explain the salient features of Constitution of Malaysia.

Ans- The Constitution of Malaysia has several salient features:

1. Supremacy of the Federal Constitution: The Constitution is the supreme law of


the federation. It is the law on which all other laws rest. It is the apex of the legal
hierarchy, and no law can violate its prescriptions. Parliament is not supreme.
There are procedural and substantive limits on Parliament’s powers. State
Assemblies are, likewise, limited in their legislative competence.
2. Existence of 13 State Constitutions: This feature was a “concession to history”.
It was meant to preserve the position of the Malay Sultans in their territories.

UPSAINIAN AKHILESH PAGE 34


Along with a written and supreme Constitution at the federal level, the Federation
of Malaya permitted written Constitutions in the states of the Federation.
3. Islam as official religion: As Islam is a core feature of Malay identity and the
Malays give to Islam a central place in their moral, personal and social life, the
Constitution in Article 3 (1) declares Islam to be the religion of the Federation.
4. Federal parliamentary constitutional monarchy: The Constitution establishes
the Federation as a constitutional monarchy, having the Yang di-Pertuan Agong
as the Head of State with largely ceremonial roles. It provides for the
establishment and organisation of three main branches of the government: the
bicameral legislative branch called the Parliament, which consists of the House of
Representatives (Dewan Rakyat) and the Senate (Dewan Negara); the executive
branch led by the Prime Minister and his Cabinet Ministers and the judicial
branch headed by the Federal Court.
5. Federalism: Malaysia is a federation, meaning it has a dual system of
government, one at the federal level and the other at the state level. This system
allows for the division of powers between the federal and state governments.
6. Parliamentary Democracy: Malaysia practices parliamentary democracy, where
the government is elected by the people and is responsible to the Parliament.
7. Fundamental Rights: The Constitution guarantees certain fundamental rights to
its citizens. These include the right to life and liberty, freedom of speech,
assembly and association, freedom of religion, right to education, and equality
before the law.
8. Emergency Powers: The Constitution provides for the declaration of emergency.
These powers allow the government to handle situations that threaten the
security, economic life, or public order of the Federation.
9. Constitutional Monarchy: The Head of State, the Yang di-Pertuan Agong, is a
constitutional monarch. This means that the powers and authority of the Head of
State are defined and limited by the Constitution. The Yang di-Pertuan Agong
must act within the Constitution and on the advice of the minister with regard to
all executive action.
10. Conference of Rulers: The Conference of Rulers, which consists of the nine
rulers of the Malay states and the governors or Yang di-Pertua Negeri of the
other four states, plays a role in the amendment of certain provisions of the
Constitution.

In conclusion, the Constitution of Malaysia is a comprehensive document that reflects


the country’s unique history, culture, and values. It establishes the Federation as a

UPSAINIAN AKHILESH PAGE 35


constitutional monarchy and parliamentary democracy, with Islam as the official
religion. The Constitution guarantees certain fundamental rights to its citizens and
provides for a dual system of government, one at the federal level and the other at the
state level. It also includes provisions for emergency powers and the role of the
Conference of Rulers. These features, along with others, make the Constitution of
Malaysia a robust framework for governance and law in the nation.

2. *Discuss the nature of Malaysian Federation.

Ans- The Malaysian Federation is a unique political entity with a rich history and a
complex structure. Here are some key aspects that define its nature:

1. Formation and Structure: The Federation of Malaysia was formed following the
merger of the Federation of Malaya, Singapore, North Borneo (now Sabah), and
Sarawak on 16 September 1963. However, Singapore later separated from the
federation. The federation consists of 13 states and three federal territories.
2. Federal Constitutional Monarchy: Malaysia is a federal constitutional monarchy.
The Yang di-Pertuan Agong (YDPA) is the head of the federation as provided
under Article 32 (1) of the Federal Constitution. However, almost all of his acts
must be consented either by a minister or the Conference of Rulers.
3. Parliamentary Democracy: The government is elected by the people and is
responsible to the Parliament.
4. Federalism: Federalism in Malaysia dates back to the establishment of the
Federated Malay States in Peninsular Malaysia, then known as Malaya. Federalism
in Malaysia took a more concrete form with the establishment of the Federation
of Malaya.
5. Centralized Federalism: Although Malaysia is a federal state, political scientists
have suggested that its “federalism is highly centralized”. The federal government
has the most legislative and executive powers as well as the most important
sources of revenue.
6. State Governments: The state governments are led by chief ministers, selected
by the state assemblies advising their respective sultans or governors.

These specific aspects provide a more detailed understanding of the nature of the
Malaysian Federation.

UPSAINIAN AKHILESH PAGE 36


2. Fundamental Liberties

1. Write an essay on 'State and Fundamental Rights' in the Malaysia. 15

Ans- Introduction

The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law
of Malaysia. It establishes the Federation as a constitutional monarchy, having the Yang
di-Pertuan Agong as the Head of State with largely ceremonial roles. It provides for the
establishment and organisation of three main branches of the government: the
bicameral legislative branch called the Parliament, the executive branch led by the
Prime Minister and his Cabinet Ministers, and the judicial branch headed by the Federal
Court.

State Rights

Malaysia is a federation consisting of 13 states and three federal territories. Each state
has its own constitution that governs its administration. The state governments are led
by chief ministers, selected by the state assemblies advising their respective sultans or
governors. The states have rights to taxation powers like the imposition of state sales
tax, port dues, and other state laws. They also have protection rights within the
continental shelves and sovereignty over seabed and subsoils.

Fundamental Rights

Fundamental liberties in Malaysia are set out in Articles 5 to 13 of the Constitution.


Here’s a detailed look at each of them:

UPSAINIAN AKHILESH PAGE 37


1. Liberty of the Person (Article 5): This article guarantees the right to life and
personal liberty. It states that no person shall be deprived of his life or personal
liberty save in accordance with the law.
2. Prohibition of Slavery and Forced Labour (Article 6): This article prohibits all
forms of slavery and forced labour. However, it does not apply to any labour
required by law for public service.
3. Protection Against Retrospective Criminal Laws and Repeated Trials (Article
7): This article protects individuals from being punished for acts which were not
criminal at the time of commission. It also protects individuals from being
punished more than once for the same offence.
4. Equality (Article 8): This article guarantees equality before the law and equal
protection of the law. It prohibits gender discrimination in laws relating to the
acquisition, holding or disposition of property.
5. Prohibition of Banishment and Freedom of Movement (Article 9): This article
guarantees the right of every citizen to move freely throughout Malaysia and to
reside in any part of Malaysia.
6. Freedom of Speech, Assembly and Association (Article 10): This article
guarantees the right to freedom of speech, assembly and association, subject to
restrictions imposed by law.
7. Freedom of Religion (Article 11): This article guarantees every person the right
to profess and practice his religion and to propagate it.
8. Rights in Respect of Education (Article 12): This article guarantees the right to
education and provides for the establishment of national-type schools.
9. Right to Property (Article 13): This article guarantees the right to property. No
person shall be deprived of property save in accordance with the law.

These fundamental rights are not absolute and are subject to restrictions in the interest
of security, public order, and morality. The Malaysian government has defended these
restrictions, stating that the nation “takes a holistic approach to human rights in that it
views all rights as indivisible and interdependent”.

Conclusion

In conclusion, the Constitution of Malaysia provides a robust framework for the


protection of state and fundamental rights. It ensures the smooth functioning of the
state governments while also safeguarding the fundamental rights of its citizens.
However, these rights are not absolute and are subject to public order, morality, and
security of the country.
UPSAINIAN AKHILESH PAGE 38
3. The Executive, The King, the Prime Minister and
Council of the Minister

1. ***Explain the powers and functions of Head of the state (Yang-de-


Pertuan Agong) in Malaysia. 15

Or

*Discuss the role of Head of the state(King) in the politics of


Malaysia. 15

Ans- Introduction

The Yang di-Pertuan Agong (YDPA), also known as the Supreme Head of the
Federation or simply the Agong, is the constitutional monarch and head of state of
Malaysia. The YDPA plays a crucial role in the governance of Malaysia, embodying its
historical traditions and standing as a symbol of national unity. The position of the
YDPA is rotated among the nine hereditary rulers of the Malay states every five years,
making Malaysia one of the few nations to have such a system.

Here are some of the key powers and functions of the YDPA:

1. Head of State: The YDPA is the Supreme Head of the Federation. He represents
the unity of the Federation and is a symbol of continuity.

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2. Head of Islam: The YDPA is the Head of Islam in his home state, and in Malacca,
Penang, Sabah, Sarawak and the Federal Territories of Kuala Lumpur, Labuan and
Putrajaya.
3. Supreme Commander of the Armed Forces: The YDPA is also the Supreme
Commander of the Malaysian Armed Forces. As the Supreme Commander, the
YDPA appoints the Chief of Defence Forces, on the advice of the Armed Forces
Council. He also appoints the service heads of each of the three branches of the
military forces.
4. Appointment of Key Positions: The YDPA appoints key positions in the
government, including the Prime Minister, Cabinet Ministers, and Judges of the
superior courts, on the advice of the Prime Minister.
5. Legislative Role: The YDPA plays a role in the legislative process. Bills passed by
both Houses of Parliament must receive the Royal Assent before they become
law.
6. Granting of Pardons: The YDPA has the power to grant pardons, reprieves and
respites in respect of all offences which have been tried by court-martial and all
offences committed in the Federal Territories of Kuala Lumpur, Labuan and
Putrajaya.
7. Role in Judiciary: In the judiciary, the YDPA appoints superior court judges and
also has the power to remove or suspend them.
8. Protection of Rights and Privileges: The YDPA is responsible for protecting and
preserving the rights and privileges of the Malays and the natives of Sabah and
Sarawak, as well as the responsibility to protect the legitimate interests of other
races.
9. Refusal to Dissolve Parliament: The YDPA has the power to refuse a prime
minister’s request to dissolve the Parliament.

Conclusion

In conclusion, the Yang di-Pertuan Agong plays a pivotal role in the functioning of the
Malaysian state. While the role is largely ceremonial, the YDPA holds significant powers
and responsibilities as outlined in the Federal Constitution. These range from
appointing key government positions, playing a role in the legislative process, to
granting pardons. However, these powers are not absolute and are exercised on the
advice of the Cabinet or a Minister acting under the general authority of the Cabinet.
The YDPA, thus, stands as a symbol of the nation’s historical traditions and unity, while
also ensuring the smooth functioning of the state machinery.

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2. **Critically examine the powers, functions and role of Prime Minister
in Malaysia.15

Or

Examine the role of Prime Minister in politics of Malaysia.15

Ans- Introduction

The Prime Minister of Malaysia is the highest-ranking official in the Malaysian


government system, holding a position of great influence and authority. As the head of
government, the Prime Minister is responsible for overseeing the operation of the
government and the implementation of its policies. The Prime Minister is also the
leader of the Cabinet, and is responsible for coordinating the work of all government
departments and agencies. In addition, the Prime Minister represents Malaysia both
domestically and internationally, and plays a key role in shaping the country’s foreign
policy.

Powers of the Prime Minister

1. Appointment of Key Positions: The Prime Minister advises the Yang di-Pertuan
Agong (YDPA) on the appointment of federal ministers, federal deputy ministers,
parliamentary secretaries, and Senators in the Dewan Negara.
2. Legislative Role: The Prime Minister plays a role in the legislative process. Bills
passed by both Houses of Parliament must receive the Royal Assent before they
become law.
3. Granting of Pardons: The Prime Minister advises the YDPA on granting pardons,
reprieves, and respites in respect of all offenses which have been tried by court-
martial and all offenses committed in the Federal Territories of Kuala Lumpur,
Labuan, and Putrajaya.

Functions of the Prime Minister

1. Head of Government: The Prime Minister is the head of government of Malaysia


and directs the executive branch of the federal government.
2. Leader of the Cabinet: The Prime Minister presides over the Cabinet and ensures
that all ministers perform their duties and responsibilities effectively.

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3. Policy Making: The Prime Minister plays a crucial role in policy making and
decision making in the government.
4. Representing the Country: The Prime Minister represents Malaysia in diplomatic
matters and international forums.

Role of the Prime Minister

1. Political Role: The Prime Minister is usually the leader of the party winning the
most seats in a general election.
2. Advisory Role: The Prime Minister advises the YDPA on various matters including
the appointment of key positions, legislative matters, and granting of pardons.
3. Administrative Role: The Prime Minister oversees the administration of the
government and ensures the smooth functioning of all its departments.
4. Leadership Role: The Prime Minister provides leadership to the nation and
guides it in domestic and international matters.

Conclusion

In conclusion, the Prime Minister of Malaysia plays a pivotal role in the governance of
the country. While the Prime Minister holds significant powers and responsibilities, he
is accountable to the Parliament of Malaysia. The Prime Minister’s role extends beyond
the realms of politics and governance, influencing the socio-cultural fabric of the nation
as well. The office of the Prime Minister, thus, is not just a position of power and
authority, but also of immense responsibility towards the people of Malaysia.

3. Write a note on the conference of rulers in Malaysia.

Or

Discuss the powers and functions of conference of rulers of Malaysia.

Ans- The Conference of Rulers (also known as the Council of Rulers or Durbar, and
in Malay as Majlis Raja-Raja) is a unique institution in Malaysia. It is the only such
institution in the world, according to the Malaysian National Library.

Composition

The Conference of Rulers is composed of the nine rulers of the Malay states and the
governors or Yang di-Pertua Negeri of the other four states. The nine Malay states are

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Negeri Sembilan, Selangor, Perlis, Terengganu, Kedah, Kelantan, Pahang, Johor, and
Perak. The other four states are Penang, Melaka, Sabah, and Sarawak.

History

The Conference of Rulers has its origins in the 1897 Durbar, the Council of Rulers for
the Federated Malay States, which were not under the British colonial regime. The
British played an advisory role on only a very few administrative items, and the full
authority to govern remained with the Sultan of those states. The first Conference of
Rulers was convened on August 31, 1948.

Structure

The structure of the Conference of Rulers includes a Chairman who rotates per
meeting, a Keeper of the Rulers’ Seal, and an Assistant Secretary of the Conference of
Rulers. The nation’s prime minister, although not a member, attends these meetings
too. However, it’s the nine sultans who constitute the core of the Conference of Rulers.

Powers of the Conference of Rulers

1. Election of the King and Deputy King: The Conference of Rulers has the power
to elect the Yang di-Pertuan Agong (King) and the Timbalan Yang di-Pertuan
Agong (Deputy King). The election is carried out by a secret ballot using
unnumbered ballot papers marked with the same pen and ink. The ballot papers
are then inserted into the ballot box. As soon as the result of the election is
announced, the ballot papers are destroyed in the presence of the Rulers.
2. Dismissal of the King: The Conference of Rulers has the power to dismiss the
King, although this power has never been exercised.
3. Veto Power: The Conference of Rulers has the power to veto federal legislation
on several critical and sensitive issues. For example, any law affecting the
privileges, position, honors, or dignities of the rulers. However, specific instances
of constitutional amendments vetoed by the Conference of Rulers are not readily
available.
4. Consultation on Appointments: The Conference of Rulers has the right to be
consulted before several critical federal posts are filled. Among these are judges
of the superior courts, the Auditor-General, and chairpersons and members of
the Public Services Commission and the Election Commission.

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5. Deliberation on National Policies: The Conference of Rulers has the right to
deliberate on national policies, including matters relating to Islam and Malay
privileges. However, specific instances of national policies deliberated by the
Conference of Rulers are not readily available.

In conclusion, the Conference of Rulers, or Majlis Raja-Raja, is a unique institution in


Malaysia, composed of the nine rulers of the Malay states and the governors of the
other four states. It has significant powers, including the election and dismissal of the
King, veto power over federal legislation, and consultation rights on key government
appointments. The Conference also deliberates on national policies, particularly those
relating to Islam and Malay privileges

4. The Parliament

1. ***Examine the powers and functions of House of


Representatives (Dewan Rakyat) of Malaysia.

Ans- The Dewan Rakyat, or the House of Representatives, is the lower house of
the bicameral Parliament, which is the federal legislature of Malaysia. Its powers and
functions are established by Article 44 of the Constitution of Malaysia.

Composition

The Dewan Rakyat is a directly elected body consisting of 222 members known as
Members of Parliament (MPs). Members are elected by first-past-the-post voting with

UPSAINIAN AKHILESH PAGE 44


one member from each federal constituency. Members hold their seats until the Dewan
Rakyat is dissolved, the term of which is constitutionally limited to five years after an
election.

Powers and Functions

1. Legislative Role: The primary function of the Dewan Rakyat is to pass, amend,
and repeal acts of law. It holds significantly more power in practice; the Dewan
Negara (the upper house) very rarely rejects bills that have been passed by the
Dewan Rakyat.
2. Election of Government: The Dewan Rakyat plays a crucial role in the formation
of the government. The Prime Minister of Malaysia is a member of the Dewan
Rakyat who, in the judgment of the Yang di-Pertuan Agong (King), is likely to
command the confidence of the majority of the members of that House.
3. Oversight of the Executive: The Dewan Rakyat performs the function of
oversight and scrutiny of the Government. The Cabinet is solely responsible to
the Dewan Rakyat, and the Prime Minister only has to maintain the support of the
lower house.
4. Financial Control: The Dewan Rakyat exercises control and scrutiny over the
nation’s finance. Any bill or proposal for the spending of public funds must be
introduced in the Dewan Rakyat.
5. Representative Forum: The Dewan Rakyat serves as a representative forum for
the citizens to air their views to the government, with their Members of
Parliament (MPs) as intermediaries.

Conclusion

The Dewan Rakyat is the lower house of the Parliament of Malaysia, which has
significant legislative, executive, financial, and representative functions. It consists of
222 directly elected MPs who serve for a maximum of five years. The Dewan Rakyat is
the dominant chamber of the Parliament, as it elects the Prime Minister and holds the
Cabinet accountable.

2. *Explain the powers and functions of Speaker of House of


Representatives in Malaysia.

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Ans- The Speaker of the House of Representatives, or Dewan Rakyat, in Malaysia
plays a significant role in the functioning of the Parliament. Here are some of the key
powers and functions of the Speaker:

1. Presiding Over Sessions: The Speaker presides over the sessions of the Dewan
Rakyat, ensuring that debates and proceedings are conducted in an orderly
manner.
2. Maintaining Order: The Speaker has the authority to maintain order during
parliamentary sessions. This includes the power to discipline members who
violate the rules of the House.
3. Interpreting Rules: The Speaker is responsible for interpreting the rules of
procedure of the Dewan Rakyat. The Speaker’s decisions on such matters are
final.
4. Referring Bills: The Speaker refers bills and other matters to the appropriate
committees for detailed examination.
5. Representing the Dewan Rakyat: The Speaker represents the Dewan Rakyat in
its relations with the Yang di-Pertuan Agong (King), the Dewan Negara (Senate),
and other authorities and individuals.
6. Other Administrative Duties: The Speaker also performs various administrative
duties related to the functioning of the Dewan Rakyat.

While the Speaker has significant powers and responsibilities, they must exercise these
in an impartial manner to maintain the trust and confidence of the Dewan Rakyat. The
Speaker does not vote on any matter being debated in the House, except in the case of
a tie.

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5. The Judiciary

1. ****Describe structure(organization),powers, role and functions of


Judiciary in Malaysia.

Ans- The Judiciary of Malaysia is an integral part of the country’s legal framework,
responsible for interpreting and applying the laws of the land, resolving disputes, and
upholding the principles of justice, fairness, and the rule of law.

Structure

The Malaysian judiciary comprises a hierarchical system of courts, with the Federal
Court at the apex. The courts are organized into two main tiers:

• Superior Courts: This tier includes the Federal Court, the Court of Appeal, and
the High Courts of Malaya and Sabah and Sarawak. These courts have the
authority to hear both civil and criminal cases and handle significant legal
matters.
• Subordinate Courts: The subordinate courts consist of the Sessions Courts, the
Magistrates’ Courts, and the Penghulu’s Courts. These courts deal with less
complex civil and criminal cases and are mainly responsible for handling matters
with lower monetary value.

In addition to the civil courts, Malaysia also has Syariah courts that handle cases related
to Islamic law.

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Appointments

The appointment of judges in Malaysia is made by the Yang di-Pertuan Agong (the
King) on the advice of the Prime Minister.

Powers

The judiciary in Malaysia has several powers:

• Judicial Review: The courts have the authority to conduct judicial reviews. When
a legislative or executive act is shown to be in contradiction with the constitution,
the courts have the authority to deem the act null and void and invalid.
• Interpreting the Constitution: Only the Judiciary has the power to interpret the
Constitution and to decide if any law passed by Parliament or any act of the
Executive is constitutional and valid.

Roles and functions

The judiciary in Malaysia performs several roles and functions:

• Establishing Facts: Courts establish and determine facts in order to infer the
truth.
• Preventing Infraction of Laws: The court performs the function of preventing
infraction of laws and violation of human rights.
• Upholding the Constitution: Judiciary acts as a guardian of the Constitution.
• Protecting Rights: Through its power to interpret the Constitution, the Judiciary
can check any abuse of powers by the Executive and the Legislature, and can
protect our fundamental rights.
• Issuing Injunctions: Courts are given authority to issue orders prohibiting any
attempts that can violate the rights of the citizens. The orders are known as
injunctions or restraining orders
• Delimiting Jurisdiction: Judiciary acts as a guardian of the Constitution
especially in the Federal system by delimiting the jurisdiction of various agencies
and units of government.
• Providing a Platform for Dispute Resolution: Courts are the agencies that
provide a platform to settle the disputes between individuals, between them and
the state, and trial of persons accused of crime

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The judiciary in Malaysia operates independently from the executive and legislative
branches of the government. This independence is crucial for upholding the rule of law
and ensuring fair and impartial administration of justice.

6. Role of Political Parties

1. **Write an essay on Party System in Malaysia. 15

Ans- The party system in Malaysia is a fascinating study of political evolution,


cultural diversity, and democratic processes. It has been a multi-party system since the
first direct election of the Federal Legislative Council of Malaya.

Historical Background The ruling party was initially the Alliance Party (Parti Perikatan)
coalition, and from 1973 onwards, its successor, the Barisan Nasional (National Front)
coalition. The Barisan Nasional government served for 61 years, making it one of the
world’s longest-serving governments until it lost power to the Pakatan Harapan (PH)
coalition in the 14th general election held on May 9, 2018.

Current Scenario Following the 2020–22 Malaysian political crisis, the Perikatan
Nasional government served from March 1, 2020, to August 17, 2021, when Barisan
Nasional withdrew support and left the coalition. The opposition primarily consists of
the Pakatan Harapan (PH) coalition, which comprises the Democratic Action Party
(DAP), People’s Justice Party (PKR), National Trust Party (Amanah), and United
Progressive Kinabalu Organisation (UPKO) with Sabah Heritage Party (Warisan) as a
confidence-and-supply partner. Other opposition parties include the Malaysian United
Democratic Alliance (MUDA), the Homeland Fighters’ Party (PEJUANG), and Parti
Sarawak Bersatu (PSB).

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Structure of Political Parties The structure of political parties in Malaysia is largely
hierarchical, with the party leadership at the top and various levels of party
organizations below it. Each party has its own constitution and rules governing its
operation and the conduct of its members.

Operation of Political Parties Political parties in Malaysia operate within the


framework of a federal representative democratic constitutional monarchy. This means
that while the King is the ceremonial head of state, the Prime Minister, who is typically
the leader of the majority party or coalition in the Dewan Rakyat (House of
Representatives), is the head of government.

Party System and Democracy Despite the presence of a well-structured party system,
Malaysia is not considered a liberal democracy. Critics allege that “the government,
ruling party, and administration are intertwined with few countervailing forces”.
However, since the 8 March 2008 General Election, the media’s coverage of the
country’s politics has noticeably increased.

Legal Framework Under the current legislation, all political parties must be registered
under the Societies Act. Since May 25, 2023, nine states of Malaysia have approved the
“Anti-Switching Parties Law” or “Anti-Hopping Parties Law” for both states legislative
assembly and parliament.

Financial Aspects The permissible campaign expenditure set by the Election Offences
Act (1954) is RM 100,000 per candidate for state seats and RM 200,000 per candidate
for federal seats. Political donations are legal in Malaysia. There is no limit, and parties
are not obliged to disclose the source of the funding.

The opposition and its role(Additional content if needed)

In Malaysia, the role of the opposition is crucial for maintaining a balanced and
democratic political system. Here are some of the key roles and responsibilities of the
opposition:

1. Scrutinizing Government Policies and Actions

2. Representing Alternative Policies

3. Safeguarding Public Interest

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4. Acting as a Government-in-waiting

5. Ensuring Democratic Functioning

In Malaysia, the opposition is not a single party but a coalition of parties. The main
opposition coalition in recent years has been the Pakatan Harapan (PH), which
comprises several parties. Despite the challenges, the opposition plays a vital role in
promoting transparency, accountability, and good governance in Malaysia.

Conclusion In conclusion, the party system in Malaysia has evolved over time,
reflecting the country’s political, social, and cultural changes. Despite criticisms and
challenges, it continues to play a crucial role in shaping Malaysia’s political landscape
and democratic processes.

2. Describe the role and agendas of political Parties of Malaysia.

Ans- The political parties of Malaysia are organized into two main coalitions: the ruling
Malaysia Unity Government (MUG) and the opposition Pakatan Harapan (PH). There are
also some smaller parties that are not aligned with either coalition.

Here are some brief descriptions of the role and agendas of the major political parties
in Malaysia:

• United Malays National Organisation (UMNO): The dominant party in the


MUG coalition and the country, UMNO is a Malay nationalist party that advocates
for the protection and advancement of the rights and interests of the Malay
community and Islam. UMNO also supports the constitutional monarchy system
and federalism. UMNO was the founding party of the former Barisan Nasional
(BN) coalition that ruled Malaysia for 61 years until 2018.
• Democratic Action Party (DAP): The largest party in the PH coalition, DAP is a
social democratic and secular party that promotes multi-racialism, democracy,
human rights, and social justice. DAP also opposes the racial quotas and
privileges that favor the Malays and calls for a more equitable distribution of
wealth and resources. DAP has a strong base of support among the Chinese and
urban voters.
• People’s Justice Party (PKR): The second largest party in the PH coalition, PKR is
a centrist and reformist party that seeks to end corruption, nepotism, and
authoritarianism in Malaysian politics. PKR also advocates for a more inclusive
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and progressive society that respects diversity and pluralism. PKR was formed by
former deputy prime minister Anwar Ibrahim, who was jailed on politically
motivated charges of sodomy and corruption.
• National Trust Party (Amanah): The third largest party in the PH coalition,
Amanah is a moderate Islamic party that aims to uphold the principles and values
of Islam in a democratic and pluralistic way. Amanah also supports social welfare,
environmental protection, and good governance. Amanah was formed by a
splinter group of the Pan-Malaysian Islamic Party (PAS) that disagreed with PAS’s
alliance with UMNO.
• Pan-Malaysian Islamic Party (PAS): The largest Islamic party in Malaysia, PAS is
a conservative and Islamist party that strives to implement Islamic law (sharia)
and create an Islamic state in Malaysia. PAS also champions the rights and
welfare of the rural and poor Malays. PAS was formerly part of the PH coalition,
but left in 2015 and later joined forces with UMNO and other parties to form the
Perikatan Nasional (PN) coalition that briefly ruled Malaysia from 2020 to 2021.
• Malaysian United Democratic Alliance (MUDA): The newest party in Malaysia,
MUDA is a youth-oriented and progressive party that aims to represent the
aspirations and interests of the younger generation. MUDA also calls for political
reforms, economic innovation, and social empowerment. MUDA was founded by
former youth and sports minister Syed Saddiq, who left the Bersatu party that is
part of the MUG coalition.

3. *Evaluate the role of United Malays National Organization (UMNO)


in politics of Malaysia.

Ans- The United Malays National Organisation (UMNO) has been a significant
force in Malaysian politics since its inception. Here are some key aspects of UMNO’s
role in the politics of Malaysia:

Dominant Force: UMNO has been the dominant driving force in the politics of
Malaysia since the country’s independence. It was the founding party of the former
Barisan Nasional (BN) coalition that ruled Malaysia for 61 years until 2018.

Ethnic Representation: As a Malay nationalist party, UMNO has been instrumental in


advocating for the protection and advancement of the rights and interests of the Malay
community and Islam.

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Political Stability: UMNO’s long tenure in power contributed to a period of political
stability in Malaysia, which was instrumental in the country’s economic development.

Leadership Role: Many of Malaysia’s prime ministers have been from UMNO,
reflecting the party’s central role in the country’s political leadership.

Policy Influence: UMNO’s policies have significantly influenced Malaysia’s political,


economic, and social landscape. This includes the implementation of the New
Economic Policy (NEP) in the 1970s, which aimed to eradicate poverty and restructure
societal imbalances.

However, UMNO’s role in Malaysian politics has also been marked by controversy,
including allegations of corruption and authoritarianism. Despite these challenges,
UMNO remains a major player in Malaysian politics.

4. Throw light on the electoral system in Malaysia. 15

Ans- The electoral system in Malaysia is a multi-tiered process that includes


elections at both the federal and state levels. Here’s a detailed look at how it works:

1. Federal Level Elections

At the federal level, voters elect the 222-member House of Representatives (Dewan
Rakyat) of the bicameral Parliament. Members are elected from single-member
constituencies drawn based on population using the first past the post system. The
party that has the majority of the House of Representatives will form the federal
government.

2. State Level Elections

State level elections are for membership in the various State Legislative Assemblies.
The heads of executive branch at both the federal and state levels, the Prime Minister
and Menteri Besar/Chief Ministers respectively, are usually indirectly elected, filled by a
member of the majority party/coalition in the respective legislatures.

3. Electoral Laws

The primary election laws are found in the Elections Act 1958, Elections Offences Act
1954, Election Commission Act 1957, Elections (Registration of Electors) Regulation

UPSAINIAN AKHILESH PAGE 53


2002, and Elections (Conduct of Elections) Regulations 1981. The electoral system
subscribes to the first-past-the-post (FPTP) or plurality method.

4. Voting System

Malaysia has a first-past-the-post system, so the party with the most votes, but not
necessarily a majority, wins. Voting is optional for the eligible Malaysians.

5. Election Commission

The body that conducts elections in Malaysia is the Election Commission of Malaysia
(EC), also known as Suruhanjaya Pilihan Raya Malaysia (SPR). Here’s more about its
structure, composition, and functions:

• Structure and Composition

The Election Commission was established on September 4, 1957, under Article 114 of
the Constitution of Malaysia. Initially, the EC consisted of a chairman and two members.
After the formation of Malaysia in 1963, another member was added to represent
Sabah and Sarawak on a rotational basis. In 1981, a position for a Deputy Chairman was
created. In 2002, the Federal Constitution was amended to increase the membership of
the Election Commission to seven persons; a Chairman, a Deputy Chairman, and five
members including one member from Sabah and Sarawak each.

• Functions

The main functions of the Election Commission are as follows:

1. Study and Redelineate Electoral Boundaries: The EC is responsible for studying


and redrawing Parliamentary and State Electoral Boundaries not less than every
eight years after the date of the previous study and redelineation has been
completed.
2. Voters Registration and Electoral Roll Review: The EC undertakes the process
of voters registration and electoral roll review.
3. Conduct Elections: The EC conducts the general election for Dewan Rakyat
(House of Representatives) or State Legislative Assembly, and conducts by-
elections should there be a vacancy.

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The EC is committed to ensuring fair and equitable operations in undertaking the
elections in Malaysia. It operates under the purview of the Prime Minister’s
Department. The EC’s policy is to preserve, supervise, and maintain the process of
democracy in the country through free and fair elections.

Conclusion The electoral system in Malaysia is a complex process that involves


multiple levels of government and a variety of electoral laws. Despite its complexities, it
plays a crucial role in the democratic governance of the country.

7. Domestic compulsions of the foreign policy making.

1. **Critically examine the domestic compulsions of foreign policy of


Malaysia. 15

Ans- The domestic compulsions of Malaysia’s foreign policy are influenced by a


variety of factors, including political, economic, and social considerations. Here’s a
critical examination of these factors:

Political Factors

1. Political Stability: Malaysia’s foreign policy is often influenced by its domestic


political situation. For instance, the country’s domestic political turbulence has
threatened to derail its foreign policy. The power tussle among UMNO’s top guns
is an open secret, especially on the question of calling for an early election.
2. Leadership Changes: Changes in leadership can also impact Malaysia’s foreign
policy. The return of Mahathir Mohamad to the prime ministership raised
questions about the direction Malaysia’s foreign and security policy might take.

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Economic Factors

1. Economic Interests: Malaysia’s economic interests often shape its foreign policy.
As an open economy, Malaysia would like to avoid any detrimental impacts on
the regional economy, especially during the economic recovery from the COVID-
19 pandemic.
2. Trade Relations: Malaysia’s foreign policy is also influenced by its trade relations
with other countries. The country’s focus on neutrality; its non-aligned status and
pragmatic dealings with the United States and China; ASEAN centrality and a
disdain for great power hegemony; the development of Malaysia’s economy
through its trading relationships are all key aspects of its foreign policy.

Social Factors

1. Public Opinion: Public opinion can also influence Malaysia’s foreign policy. The
government is refreshing its earlier “Look East” policy, planning to upgrade its
defence capabilities in the South China Sea, and taking a more consultative
approach to foreign policy-making.

In conclusion, the domestic compulsions of Malaysia’s foreign policy are complex and
multifaceted, involving a range of political, economic, and social factors. These factors
interact in various ways to shape the country’s foreign policy decisions and actions.

2. Critically analyse role of the religion in Malaysian Politics.

Ans- Historical Influence of Religion

Islam has been a part of Malaysian politics since the 14th century, when it was brought
to the port city of Malacca by Muslim Tamil Indian traders. The fusion of Sunni and Sufi
practices combined with indigenous Malay beliefs and customs allowed for the
evolution of a unique form of Islam still practiced in Malaysia today.

Religion and Political Stability

The fusion of religious and political authority in public life has facilitated political
stability and unity in Malaysia. It has also enhanced co-existence and tolerance
between different religions in the country.

Religion as a Political Tool

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Religion, specifically Islam, is often used as a political tool in Malaysia. It is used to sort
people in and out of the majority, thereby influencing the political landscape. The
religion plays a vital role in the politics of the two primary Malay-Muslim political
parties.

Influence of Religion on Policies

Islamic symbols and concepts permeate various aspects of political life, from its
historical and structural foundations to its continuing political discourse and practices.
The religion plays a vital role in the politics of the two primary Malay-Muslim political
parties.

Controversies Surrounding Religion in Politics

Despite its significant role, the use of religion in politics has also led to controversies.
Critics argue that religion, political manipulation, and preferential policies are widening
the cultural divide between Malaysia’s ethnic groups and could be hindering the
nation’s chances of unity.

In conclusion, while religion, particularly Islam, plays a critical role in Malaysian politics,
its use as a political tool has also led to controversies and divisions. It’s a complex
interplay that continues to shape the country’s political landscape

3. Analyse the geostrategic importance of Malyasia in Indo-pacific


region.15

Ans- 1. Geographical Location

• Malaysia’s geographical location, straddling the Indian and Pacific oceans, places
it at a critical geostrategic nexus of maritime trade and security routes. This
makes it pivotal for international trade and for nations with interests in these
waters.

2. Maritime Trade and Security Routes

Malaysia, along with other nations like Indonesia, Singapore, and India, sits at the
critical geostrategic nexus of maritime trade and security routes. These nations
play a direct role in ensuring the future food and energy security of other
countries in the region, such as Japan.
UPSAINIAN AKHILESH PAGE 57
3. Strategic Positioning

Malaysia’s strategic positioning, which straddles the Indian and Pacific oceans,
has resulted in a wide range of diplomatic, strategic, economic, and security-
related agreements and arrangements. These efforts are the by-product of
Malaysia’s strategic positioning rather than being inter-regional.

4. ASEAN Centrality

• As a member of the Association of Southeast Asian Nations (ASEAN), Malaysia


plays a key role in promoting ASEAN centrality in the evolving power dynamics of
the Indo-Pacific region. ASEAN centrality refers to the idea that ASEAN should
remain at the center of Asia Pacific’s regional architecture.

5. Economic Interests

• Malaysia’s economy is heavily dependent on trade, much of which passes


through the Indo-Pacific region. Therefore, maintaining peace and stability in the
region is crucial for its economic interests.

6. Security Concerns

• Malaysia’s security concerns, particularly in the South China Sea, also underline its
geostrategic importance. It has been involved in territorial disputes in the South
China Sea, making the peaceful management of these disputes a priority.

7. Neutral Stand on Indo-Pacific

Malaysia has opted for a more neutral stand on the Indo-Pacific concept compared
to other nations like Indonesia and Vietnam. This neutrality can be attributed to the
country’s reluctance to choose a side in the U.S.-China strategic competition. The
term “Asia-Pacific” continues to be more commonly used in Malaysia.

8. Importance to China

New investments along the coastline of Melaka underline Malaysia’s continued


importance to Beijing as a pivotal strategic point for international trade. It serves
as a base in connecting both the Pacific and Indian oceans.

Conclusion

UPSAINIAN AKHILESH PAGE 58


• Despite its significance, Malaysia has been somewhat hesitant to fully embrace
the Indo-Pacific construct. It has opted for a more neutral stand, likely due to its
desire to avoid being caught up in the strategic competition between the U.S.
and China. This reflects Malaysia’s broader foreign policy approach of
maintaining friendly relations with all countries.

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Signing off ……………………………………………………

UPSAINIAN AKHILESH PAGE 59

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