A Comparison between the Nepal and

India’s constitution: Similarities,

Differences, Impacts and Significance

SUBMITTED BY:
AMNA WALISTAN
 INTRODUCTION

Constitution determines the powers and duties of the government

and guarantee rights to the people in a country.

Every independent country or any sovereign state has its own constitution.

The Indian constitution was formulated in 1949, and was legally enforced in
1950.

The current constitution of Nepal was formulated in the year 2007.

The previous six constitutions in Nepal were enacted in the years 1948, 1951,
1959, 1962 and 1990

Keywords: Constitution, Amendments, Legislature, Executive, Judiciary

 RESEARCH QUESTIONS

Primary Question

How the constitution of Nepal and India are similar, and what are the
differences between the two constitutions?

Secondary Questions

Which constitution of these two is more progressive?

What impacts did these two constitutions had on their countries?

What is the significance of the constitutions of India and Nepal in present

day?
 STUDY SIGNIFICANCE

Significant in laying down all the legal and cultural aspects

under which its people and the governmental bodies governs

Vital in understanding the division of power in broader prospect

Useful in understanding the dimensions of politics and

government in Nepal and India

Comparison will prove fruitful in determining the merits and

demerits of both the constitutions
 RESEARCH METHODOLOGY

Hermeneutics qualitative approach has been adopted.

Different secondary sources, tools and techniques are used for

analysing the qualitative data

Data has been analysed by the help of various journals,

research papers and articles

Various videos have also been visualized in order to get

better understanding of the significance and impacts of the
constitutions
 FORMATION OF CONSTITUTIONS

The Interim Constitution of Nepal, 2007 has been formulated by the leaders of
the big three parties behind closed doors with the help of some political elites
and technocrats.

The new Nepalese constitution is known for introducing a wide range of

provisions for progressive transformation, including federalism, citizenship,
inclusion and secularism.

The Indian constitution, on the other hand, has been formulated by the
Constituent Assembly of India within three years of its independence.

The constitution of India declares the country as a sovereign, socialist,

secular and democratic republic.
 EXECUTIVE BRANCH
Main Points Nepalese Constitution Indian Constitution
Chief of State • President • President and Vice President
Head of Government • Prime Minister and Deputy • Prime Minister
Prime Minister
Cabinet • A Council of Ministers • A Union Council of Ministers
• Appointed by the Prime • Recommended by the Prime
Minister Minister and appointed by the
President
Elections • Take place every five years • Take place every five years

President • Indirectly elected by an • Indirectly elected by an

electoral college of the Federal electoral college consisting of
Parliament and the state elected members of both
assemblies houses of Parliament

• Appointed for a 5-year term • Appointed for a 5-year term

Prime Minister • Indirectly elected by the • Elected by Lok Sabha

Federal Parliament members of the majority
party.
 LEGISLATIVE BRANCH
Main Points Nepalese Constitution
Type of System • A bicameral Federal Parliament
Two Houses National Assembly:
• It has 59 seats
• 56 members are directly elected.
• Its members serve 6-year terms
with renewal of one-third of the
membership every two years.
House of Representatives:
• It has 275 seats
• 165 members get directly
elected in single-seat
constituencies by simple
majority vote
• 110 members get directly elected
in a single nationwide
constituency by party-list
proportional representation vote
• Its members serve 5-year terms
Indian Constitution
• A bicameral Parliament or
Sansad
Council of States or Rajya Sabha:
• It has 245 seats
• It has 233 members who are
indirectly elected by state and
territorial assemblies by
proportional representation
vote while 12 members are
appointed by the president
• Its members also serve 6-year
terms.
House of the People or Lok
Sabha :
• It has 545 seats
• Its 543 members are directly
elected in single-seat
constituencies by simple
majority vote
• 2 of its members are appointed
by the President
• Its members serve 5-year
terms
 JUDICIAL BRANCH

Main Points Nepalese Constitution Indian Constitution

Highest Court • Supreme Court • Supreme Court
• It consists of up to 20 • It consists of 28 judges.
judges
Chief Justice • Head of Supreme Court • Head of Supreme Court
• He is appointed by the • He is appointed by
President upon the President.
recommendation of the • He can serve until the
Constitutional Council. age of 65.
• He can serve until the
age of 65.
Subordinate Courts • High courts • High courts
• District courts • District courts
• Labour Courts
 SOCIAL RIGHTS
Main Points Constitution of Nepal
Rights of LGBT community • Recognizes their rights
• Same sex marriages are
legal
Rights of Women • Grants equal rights for
women from all faiths
• Ancestral property rights
for women are granted
Death Penalty • Abolished in Nepalese
Constitution
Victims of Environmental • They have the fundamental
Pollution right to receive
compensation from the
polluter
Constitution of India
• Doesn’t recognize their
rights
• Same-sex relationship is
considered as a crime for
which punishment can be
awarded
• Doesn’t have equal rights
for women of all faiths
• Ancestral property rights
for women are not granted
as fundamental rights in
Indian constitution
• Allowed in Indian
constitution
• They are not entitled to any
compensation as a
fundamental right
 SIGNIFICANCE
CONSTITUTION OF NEPAL
• For the first time in the history of
Nepal, a constitution was introduced
which emerged as the representative of
the Nepali people.
• Experts believe that whilst the new
constitution may not be the best, it does
mark progress.
• The new constitution is a positive
step for the country as it marked the
new beginning for the Nepal.
CONSTITUTION OF INDIA
• The constitution, formulated three
years after creation of an independent
state clearly represented the Indian
people.
• The constitution was formulated with
the aim of creating a democratic state.
• The constitution served the purpose
of creating a democratic state.
 IMPACTS
CONSTITUTION OF NEPAL
• Received mixed response.
• Hope for a better future as the country
entered into a stable development
phase
• Madhesi and indigenous population
argued that the new constitution fails to
address demands of marginalized
communities and support status-quo of
the ruling group
• Nepal faced the economic blockade
by the Indian government
CONSTITUTION OF INDIA
• Received a major support from most of
the citizens of India
• The constitution embedded the
democratic provisions and granted the
fundamental rights to all the citizens.
• This helped the country to become a
major democratic state in the years to
come, paving its way to become a
regional hegemon.
• International community supported
the Indian Constitution.
 CONCLUSION AND FINDINGS

• In the light of this research paper, we inferred the progressive and

regressive provisions of the constitutions of both countries

Some provisions of the constitution of Nepal can be hailed as more progressive

like the fundamental rights granted to the citizens.

Both constitutions have their own significance for their respective people and
have vast impacts on the citizens as well as on the progress of their countries

The success of India in becoming a regional hegemon is embedded in its

constitution

In short, these findings help to understand the comparison and contrast between
the constitutions of two of the significant countries of South Asian region
 REFERENCES
• Iowa State University Digital Repository. Accessed December 28, 2020.
https://lib.dr.iastate.edu/cgi/viewcontent.cgi?article=6338&context=etd.
• Longtail-e-media. "The Progressive and Regressive Issues of Nepali
Constitution: A Study in the Light of Constitution of India." Asian Institute
of Diplomacy and International Affairs. Accessed December 28, 2020.
https://www.aidiaasia.org/research-article/the-progressive-and-regressive-is
sues-of-nepali-constitution-a-study-in-the-light-of-constitution-of-india
.
• Majumder, Sanjoy. "Why India is Concerned About Nepal's Constitution."
BBC News. Last modified September 22, 2015.
https://www.bbc.com/news/world-asia-india-34313280.
• "Nepal Vs. India." IndexMundi - Country Facts. Accessed December 28,
2020.
https://www.indexmundi.com/factbook/compare/nepal.india/government.
THANK YOU