THE JOURNEY AND

STRUGGLE OF MAKING
CONSTITUTION OF NEPAL,
2015

LAW MAK ING IN INDIAN POLITY STATUTORY INTERPRETATION

ROLL NO. : 61 NAME : JIGAR RANJIT JADAV
INTRODUCTION
Nepal adopted a new constitution in September 2015, which marked a paradigm shift in
the mechanism, structure, and functioning of the entire governance system. Following the
declaration of the federal republic through the interim constitution in 2006, the election
for the Constituent Assembly (CA) was held in 2008. The first meeting of the CA
abolished the 240-yearlong monarchy. The CA failed to draft a constitution and was
dissolved in 2012. The second election for the CA was held in 2013, and that CA
succeeded in promulgating the constitution in 2015. The CA had 601 members. But when
the constitution was issued, there were only 597 members. Of those 597 members, 538
(90.12 %) had signed the constitution. The constitution was signed by 90% of
parliamentarians, a symbol of ownership. When the constitution of India was created in
1949, only 73%2 of parliamentarians had signed it. With the promulgation of the
constitution, the federal democratic republican system of governance was initiated.
Accordingly, state power has been divided into three levels of government, namely
federal, provincial, and local. Structurally, there are seven provinces and 753 local
governments (LGs). The functional responsibility of federal, provincial, and local
governments (federal units) are enumerated in schedules 5, 6, 7, 8, and 9 of the
constitution. The schedules outline the exclusive and concurrent lists of functions of
government units at each of the three levels. There are 35 functions on the federal list; 21
on the provincial list; 22 on the LG list; 25 on the concurrent federal and provincial list;
and 15 on the concurrent federal, provincial, and local list. Table 1 lists the assignment of
 CONSTITUTIONAL TIME-LINE
YEAR CONSTITUIONAL TIMELINE
1951 The autocratic Rana regime overthrown
1959 King Mahendra promulgated a Constitution. First Parliamentary election held
1960 1960 King Mahendra dismissed elected government
1962 King Mahendra promulgated a new constitution establishing the Panchayat System

1990 Jana Andolan-I forced the king to lift ban on political parties. A new constitution promulgated which curtailed the role of monarchy
1994 Second parliamentary election held
1996 The People’s War launched by then CPN (Maoist)
1999 Third Parliamentary election held
2002 King Gyanendra assumed executive power and dismissed the government
2005 February King Gyanendra usurped absolute power
2005 November The Seven-Party Alliance (SPA) and the CPN (Maoist) signed a 12-point understanding
2006 April Jana Andolan II forced King Gyanendra to return power to the reinstated parliament
2006 November The Comprehensive Peace Agreement (CPA) signed between the SPA and CPN (Maoist)
2007 January An Interim Parliament formed and Interim Constitution 2007 promulgated
2007 March The Interim Constitution amended to establish a federal system to address the demands of the Madhes movement
2008 First Constituent Assembly (CA-I) election held; CPN (Maoist) emerged as single-largest party
2012 CA-I dissolved without promulgating a constitution
2013 Second Constituent Assembly (CA-II) elected NC emerged as the single largest party
2015 April Nepal struck by a major earthquake 7.8 on the Ritcher scale
2015 June The major four parties signed a 16-point agreement. Preliminary Draft Constitution released
2015 July Public Opinion collected on the draft
2015 August Constitutional Bill released
2015 September Constitution of Nepal 2015 promulgated
THE 12 POINT AGREEMENT
 The parliament and the new government supported the
ceasefire and started negotiations with the Maoists on the
basis of the twelve-point agreement. The two sides agreed
that a new constituent assembly would be elected to write
a new constitution, and decide the fate of the monarchy.
 The Seven Party Alliance was a coalition of seven Nepali
political parties seeking to end autocratic rule in the
country. They spearheaded the Loktantra Andolan.
 12-point understanding reached between the Seven
Political Parties and Nepal Communist Party (Maoists)
 JANA ANDOLAN II
The most dramatic move of the post-
In anationally televised address, King Gyanendra reinstated the
Revolution government came on
old Nepal House of Representatives on April 24, 2006.The King May 18, 2006, when the Parliament
called upon the Seven Party Alliance (SPA) to bear the unanimously voted to strip the King
responsibility of taking the nation on the path to national unity of many of his powers. The bill
and prosperity while ensuring permanent peace and included:
safeguarding multiparty democracy. •Putting 90,000 troops in the hands
The reinstitution ofParliament was accepted by the SPA. It of the parliament
declared that Girija Prasad Koirala would lead the new •Imposing a tax on the royal family
government. The SPA stated that the new parliament will hold and its assets
elections for a body that would write a new constitution. •Ending the Raj Parishad, a royal

The move was

advisory council
rejected by the Maoists. Baburam Bhattarai
•Eliminating royal references from
stated that merely restoring the parliament was not going to
army and government titles
resolve the problems and that the rebels planned to continue
•Declaring Nepal a secular country,
fighting against government forces. They still demanded the
not a Hindu kingdom
formation of a Constituent Assembly and abolition of the
•Scrapping the national anthem until
monarchy.
a new one is composed
•Eliminating the king's position as
the Supreme Commander of the
Army
 COMPREHENSIVE PEACE ACCORD
The peace accord marked the formal end of the Nepalese Civil War that began in 1996. It included the following provisions:
• The Maoist People's Liberation Army to be placed in temporary cantonments, where they would be rehabilitated and re-
integrated into the society, and the monarchist army to be confined within the barracks. Both armies to be monitored and
supervised by the United Nations Mission in Nepal, as per the earlier agreement reached between the government and the
Maoists.
• Strict implementation of all previous pacts/agreements reached between the government and Maoists.

• Termination of the military action and the armed mobilization. Both sides to stop attacks or any kind of violent and offensive
activities from either side; no new recruitment in armed forces of both sides and no transportation of arms and ammunition and
explosives.
• Both sides to assist each other to maintain law, peace, and order

• Both sides to fully commit themselves to uphold all international human rights laws and civil liberties, and the 
Office of the United Nations High Commissioner for Human Rights to monitor the human rights situation.
• The King to be stripped of political rights and his property to be nationalized under public trusts.

• Scrapping of the Maoists' parallel administration (People's governments, People's Courts) across the country.

• Strong punitive policy to curb corruption and confiscation of property earned illegally through corruption

• Formation of National Peace and Rehabilitation Commission, Truth Commission, and a high-level Commission for State
Restructuring.
• Respectful rehabilitation and social integration of the people displaced during the insurgency
THE INTERIM CONSTITUTION OF NEPAL, 2007
Following the 2007 democracy movement in Nepal, The Interim constitution
of Nepal was promulgated in 2007. This constitution was promulgated on 15
January 2007. It consisted of 25 parts, 167 articles and 4 schedules. It has
articles on citizenship, fundamental rights, responsibilities, directive
principles and policies of the State, the Executive, Legislature-Parliament,
the Constituent Assembly, the legislative procedure, the financial procedure,
the Judiciary, the Commission for the Investigation of Abuse of Authority,
the Auditor General, the Public Service Commission, the Election
Commission, the National Human Rights Commission, the Attorney General,
structure of State and local self-governance, political parties, emergency
powers, provisions regarding the army, amendment of the Constitution and
transitional provisions
THE FAILURE OF FIRST CONSTITUENT ASSEMBLY
The first Nepalese Constituent Assembly was a unicameral body of 601 members that served from May 28, 2008,
to May 28, 2012. It was formed as a result of the first Constituent Assembly election held on April 10, 2008. The
Constituent Assembly (CA) was tasked with writing a new constitution, and acting as the interim legislature for a
term of two years. 240 members were elected in single-seat constituencies, 335 were elected through proportional
representation, and the remaining 26 seats were reserved for nominated members.
The Communist Party of Nepal (Maoist) [CPN (M)]—now re-formed as the 
Communist Party of Nepal (Maoist Centre)—was the largest party in the Constituent Assembly, having won half of
the constituency seats and about 30% of proportional representation seats. The CA declared a republic at its first
meeting on May 28, 2008, abolishing the monarchy.
In late June 2008, the parties agreed to divide the 26 nominated seats in the CA between nine parties: the CPN (M)
was to receive nine of these seats, while the Nepali Congress (NC) and the 
Communist Party of Nepal (Unified Marxist-Leninist) [CPN (UML)] (which respectively placed second and third in
the election) would each receive five, the Madhesi Janadhikar Forum would receive two, and the Sadbhavana Party,
the Nepal Workers and Peasants Party, Janamorcha Nepal, and the Communist Party of Nepal (Marxist-Leninist)
 [CPN(M-L)] would each receive one nominated seat. Due to its failure in drafting a new constitution, the CA was
dissolved on May 28, 2012, after its original and extended total tenure of four years. The 
next Nepalese Constituent Assembly elections initially slated for November 22, 2012 were held a year later on
November 19, 2013, after being postponed several times.
THE SECOND CONSTITUENT
ASSEMBLY
 The Second Constituent Assembly of Nepal, later converted to the Legislature Parliament (
Nepali: व्यवस्थापिका संसद), was a unicameral legislature of Nepal. It was elected in the 
2013 Constituent Assembly elections after the failure of the first Constituent Assembly to
promulgate a new constitution. The Assembly converted into a legislative parliament after the
constitution was promulgated in 2015. The legislature parliament's term ended on 14 October
2017.
 Former Prime Minister Surya Bahadur Thapa, the oldest member of the house, assumed
chairmanship of the CA on January 20, 2014 and administered the oath of office to 565
lawmakers at the first meeting of the assembly on January 21, 2014. Leaders of the NC, 
CPN-UML and UCPN (Maoist) pledged to draft a new constitution within a year. More than
80% of the members were new faces.
 On January 26, 2014, President Ram Baran Yadav called for the election of a Prime Minister
 and the formation of a consensus government within a week as per article 38(1) of the 
constitution which provided for the formation of government through political
understanding. The Nepali Congress obtained the support of the CPN-UML for a NC-led
consensus government and the two parties also agreed to hold local body elections within six
months and adopt a new constitution within a year.
 CONSTITUTION OF NEPAL 2015
PROMULGATED

 Constitution of Nepal 2015 (Nepali: नेपालको संविधान २०७२) is the present governing Constitution

of Nepal. Nepal is governed according to the Constitution which came into effect on 20
September 2015, replacing the Interim Constitution of 2007.The constitution of Nepal is
divided into 35 parts, 308 Articles and 9 Schedules.
 The Constitution was drafted by the Second Constituent Assembly following the failure of the
First Constituent Assembly to produce a constitution in its mandated period after the 
devastating earthquake in April 2015. The constitution was endorsed by 90% of the total
legislators. Out of 598 Constituent Assembly members, 538 voted in favour of the constitution
while 60 people voted against it, including a few Terai-based political parties which refrained
from the voting process.
 Its institutions were put in place in 2010 and 2018 through a series of direct and indirect
elections in all governing levels.
 NEPAL SALIENT FEATURES OF THE NEW
CONSTITUTION

 Sovereignty  Provincial Assembly

 Secularism     The Federal and Provincial Executive
 Language  The Judiciary
 Citizenship  Inter-relationship between the
Federation, Provinces and Local levels
 Fundamental Rights
 Amendment of the Constitution
 The Federal Parliament
 Emergency Power
FEDERALISM : A KEY CONTENTIOUS ISSUE
In the Country’s new federal structure, Nepal will have seven provinces.
Madhesis, Tharus and Janjatis felt that their demand on federalism did not
get proper attention in the second Constituent Assembly (CA). They want
two separate states having domination of Madhesis and Tharus. The states
should consist of plain region. The state with a mix of plains and hills is
not acceptable to them. Madhesis and Tharus have been protesting against
the seven province model ever since this model was embraced by major
parties.
Madhesi and Tharus demands are following :
A) Inclusion of Jhapa, Morang and Sunsari into State 2. In the seven
province scheme, these eastern districts are part of State 1.
B) Chitwan (State 3) and Nawalparasi (State 5) should be part of State 2,
and
C) Kailali and Kanchanpur of State 7 should be included in State 5
AN OVERVIEW OF THE
JOURNEY
 CONCLUSION

Nepal has entered into the new political era with the promulgation of the constitution of Nepal in 2015.
Ultimately, the dream of Nepali people to draft their constitution through the CA has become a reality. It has
now formally ended feudalistic, autocratic, centralized and unitary system of governance, and established a
people centered democratic republic federal state. People of Nepal have become the ultimate sovereign power
of the nation. The constitution has paved a path for many prospects ahead of the people of Nepal. However,
many challenges remain ahead of this constitution. All the unresolved issues should be solved through
political consensus and take the country ahead for developmental works. Nepalese need to develop
democratic culture and develop leadership who are responsible for the welfare of the state and its entire
people. That is what the spirit of the several democratic movements conducted by people in the political
history of Nepal and it is the demands of the time as well. In the beginning of 21th century, Nepal has
established as federal democratic republic nation of the world and ended the feudal system. It’s a federal
republic democratic nation and now it is upon the political parties, its leaders and people of Nepal to properly
implement the constitution of Nepal, resolve the challenges and move ahead for everlasting peace, stability
and economic development.