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Relevant bibliographies by topics / Nepal. Constituent Assembly

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Academic literature on the topic 'Nepal. Constituent Assembly'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 July 2024

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Journal articles on the topic "Nepal. Constituent Assembly"

1

Jayshwal, Vijay Pd. "AN APPLICATION OF DOCTRINE OF NECESSITY: PREVIOUS CONSTITUENT ASSEMBLY OF NEPAL AND ITS TIME EXTENSION TO AVOID CONSTITUTIONAL UNCERTAINTY." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 27, no. 1 (February 23, 2015): 117. http://dx.doi.org/10.22146/jmh.15900.

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This paper aims to investigate issues in relation of constitutional doctrine which had potential debate among the jurists of Nepal for the issues of time extension. The paper will also argue some weaknesses in the constituent assembly and their role expected by the people of Nepal. This paper will discuss about the evolution of constitution in Nepal, its features, the principle of Constitutionalism embodied in Nepalese constitution. This paper will further argue about the legitimacy of Doctrine of Necessity and its application in Nepal. In last, this paper will show the possibility of constitutional uncertainty by newly elected constituent assembly. Penulisan ini dalam rangka mengkaji doktrin konstitusional yang tengah ramai diperdebatkan oleh para ahli hukum di Nepal, khususnya berkaitan dengan isu mengenai perpanjangan waktu. Melalui tulisan ini, terdapat temuan yang menunjukkan beberapa kelemahan yang ada dalam majelis konstituate Nepal di samping peran-perannya sebagaimana yang diharapkan oleh rakyat Nepal. Tulisan ini membahas pula mengenai evolusi konstitusi Nepal sebagaimana diwujudkan dalam prinsip-prinsip konstitusionalism yang dianut oleh Konstitusi Nepal. Lebih lanjut, berkaitan dengan legitimasi dari Doctrin of Necessity dan penerapannya di Nepal. Pada akhirnya, tulisan ini akan memberikan gambaran mengenai kemungkinan ketidakpastian secara konstitusional berkaitan dengan kondisi majelis konstituante yang baru saja terpilih.

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2

Hangen, Susan. "Nepal and Bhutan in 2010." Asian Survey 51, no. 1 (January 2011): 125–30. http://dx.doi.org/10.1525/as.2011.51.1.125.

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Nepal made little headway in its peace process in 2010. The Constituent Assembly missed the May deadline for completing the new Constitution, and a crisis in governance followed the prime minister's resignation in June. Repeated rounds of voting failed to elect a new leader. Meanwhile, democratization in Bhutan progressed slowly because local elections were delayed.

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3

Ghimire, Tara Nath. "Impact of the Peace Agreement 2005 in Nepal." Patan Pragya 11, no. 02 (December 31, 2022): 183–90. http://dx.doi.org/10.3126/pragya.v11i02.52143.

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This study is related to the significance and importance of Nepal's peace agreement. The peace agreement and the interim constitution led politics from a precarious situation to the constituent assembly. The constituent assembly had appeared as a base to take on dialogue whether the state was trying to search for a solution to the boorish problem. The peace agreement that followed the Maoist war is very important in the politics of Nepal. The study has tried to find out whether the government has been able to operate after that time according to the comprehensive peace agreement in Nepal. This paper examines the impact of the peace agreement on Nepalese politics and its significance. The conclusion has been derived by using secondary data only.

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4

Kantha, Pramod K. "Nepal and Bhutan in 2013." Asian Survey 54, no. 1 (January 2014): 206–13. http://dx.doi.org/10.1525/as.2014.54.1.206.

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The political stalemate prevailing in Nepal since the dissolution of the first Constituent Assembly (CA) in 2012 ended with the second CA polls in November. Bhutan’s second parliamentary elections in July and the opposition People’s Democratic Party’s victory over the outgoing Druk Phuensum Tshogpa (Bhutan Peace and Prosperity Party) were signs of consolidation of Bhutan’s nascent democracy.

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5

Vollan, Kåre. "Group Representation and the System of Representation in the Constituent Assembly and Future Parliaments of Nepal." International Journal on Minority and Group Rights 18, no. 3 (2011): 343–68. http://dx.doi.org/10.1163/157181111x583323.

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AbstractA broad representation of all people of Nepal have been a main objective of the system of representation, first of the Constituent Assembly and then of the future Parliament, since the first agreements between the Maoists and the Seven Party Alliance was entered into at the end of 2005. The specific rules have been subject of controversies and the implementation of quotas for the Constituent Assembly elections 2008 represented major challenges. The rules as they were formulated did work towards more inclusiveness in 2008, but there were still groups which were left out of the Assembly. This article discusses the representation of groups of people in the Constituent Assembly, and it also suggests new ways of implementing affirmative action which could accommodate more marginalised groups and at the same time represent significant simplification for parties and election administrators. In addition some thought on the future general system of representation is presented.

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6

Kantha, Pramod K. "Nepal and Bhutan in 2012." Asian Survey 53, no. 1 (January 2013): 84–92. http://dx.doi.org/10.1525/as.2013.53.1.84.

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Nepal’s political transition switched into crisis mode as the Constituent Assembly (CA) dissolved on May 27 without delivering a constitution. While new elections for the CA appeared most likely, people’s confidence in the ability of ever-feuding politicians to lead the troubled nation plunged to a new low. Anticipations grew in Bhutan over parliamentary elections in 2013. Bhutan’s decision to establish diplomatic relations with China was a historic milestone.

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7

Upadhyay, Prakash. "Quandary in Nepal: A Conflict Perspective." Himalayan Journal of Sociology and Anthropology 3 (November 25, 2008): 73–85. http://dx.doi.org/10.3126/hjsa.v3i0.1497.

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This article, under the theoretical parasol of conflict perspective, converses on veracities of current Nepal, rising conflicts, paradigm shifts and deepening crisis amidst the proposed constituent assembly elections. It is astringent veracity that after the successful movement of 2006 and the country being on the threshold of constituent assembly elections, in the present, the major segments of precautious civil society and commoners are questioning the validity of politics, operation pattern of political parties, and the distribution of rights and scarce resources among the elites rather than among masses. I argue that the more, practices of dominant ruling elite segments and their fraternal organizations are creating alienative disposition from the grievances of commoners , the more is the deepening crisis and more civil society, common public becoming aware of their true collective interest by communicating their grievances to each other and questioning the validity of activities of dominant ruling elites. Yet the ruling elites, their actions, words and promises remains more a rhetoric and moribund in Nepal and may prove a nightmare if ongoing conflicts are left unresolved. DOI: http://dx.doi.org/10.3126/hjsa.v3i0.1497 Himalayan Journal of Sociology and Anthropology Vol.III, Sept. 2008 p. 73-85

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8

Thapa, Ganga Bahadur, and Jan Sharma. "Nepal’s Democratic Deficit and Federalism Is it a cure or part of the problem?" Lex localis - Journal of Local Self-Government 9, no. 1 (January 24, 2011): 39–66. http://dx.doi.org/10.4335/9.1.39-66(2011).

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Since the second democratic opening in 1990, Nepal has suffered from a democratic deficit due to the new leaders’ failure to institutionalise democracy by promoting inclusion, representation, and responsiveness. The concept of federalism, as argued in Nepal today, reflects the failure of the past and the determination to give local governance the real political and economic power. The fringe leftist and rightist parties oppose federalism, arguing that it will create deep divisions. Some of them even assume that the country may ultimately disappear altogether. In view of the widespread popular support, the challenge is to use federalism as an opportunity for prudently promoting inclusive, participatory, and responsive governance in the interest of economic prosperity and social well-being of the Nepali people. KEYWORDS: • federalism • monarchy • decentralisation • democracy • transition • constituent assembly • Nepal

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9

Mistry, Asis. "Quest for Identity: Re-Examining the Process of Federal Restructuring of the Nepali State." Social Inquiry: Journal of Social Science Research 2, no. 2 (November 24, 2020): 12–37. http://dx.doi.org/10.3126/sijssr.v2i2.33043.

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The agenda of restructuring the state has been the most deliberated issue for all intellectuals, political leaders and civil society activists in Nepal. The restructuring of Nepali state became a central component of the 2006 peace deal. Federalism was, however, included in the interim constitution as a binding principle for the Constituent Assembly on the verge of violent protests in the Tarai in 2007. The fundamental question during the Maoist insurgency remained whether federalism based on ethnic affiliation will be materialized. But after the Madhesh mutiny, the question that dominated the public discourse was whether “ethnic federalism” can be materialized as a mean to achieve more inclusive, institutionalized and sustainable democratic polity in Nepal. This article re-examines the process of federal restructuring of Nepali State on the backdrop of contemporary politics of identity.

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10

Whelpton, John. "Nepal and Bhutan in 2007: Seeking an Elusive Consensus." Asian Survey 48, no. 1 (January 2008): 184–90. http://dx.doi.org/10.1525/as.2008.48.1.184.

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Amid continuing unrest in Nepal's Tarai (Lowlands) region and elsewhere, eventual abolition of the monarchy looks certain. But implementation of the country's peace process remains stalled with postponement of the Constituent Assembly elections originally scheduled for June 2007 and disagreement between the Nepali Congress Party and leftist parties over the electoral system to be adopted for these polls. In Bhutan, the process of democratization appears to be deepening and the economy is growing, but the issue of Bhutanese refugees living in Nepal continues to be an irritant both domestically and in terms of intra-state relations.

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Books on the topic "Nepal. Constituent Assembly"

1

Nepal, Samudayik Sarathi. Members of the constituent assembly. Kathmandu: Samudayik Sarathi Nepal in association with the Alliance for Social Dialogue, 2008.

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2

Nepal, Samudayik Sarathi, and Alliance for Social Dialogue (Kathmandu, Nepal), eds. Members of the constituent assembly. Kathmandu: Samudayik Sarathi Nepal in association with the Alliance for Social Dialogue, 2008.

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3

Informal Sector Service Centre (Kathmandu, Nepal), ed. Constituent assembly election 2013: Monitoring report. Kathmandu, Nepal: Informal Sector Service Centre, 2014.

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4

Alliance for Social Dialogue (Kathmandu, Nepal), ed. Members of the constituent assembly. Kathmandu: Samudayik Sarathi Nepal in association with the Alliance for Social Dialogue, 2008.

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5

Śreshṭha, Śyāma. Nepālamā pahilo Saṃvidhānasabhā: Upalabdhi, avasāna ra abako bāṭo. Kāṭhamāḍauṃ, Nepāla: Śāntikā lāgi Sājhā Abhiyāna, 2014.

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6

Cintana, Gopāla Sivākoṭī. Saṃvidhānasabhā: Saṃvidhānasabhā vighaṭanadekhi dosro nirvācanasamma. Kāṭhamāḍauṃ: Pairavī Prakāśana, 2013.

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7

Nepal. The Constituent Assembly Rules, 2008.: The Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules, 2008. Kathmandu: Constituent Assembly Secretariat, 2008.

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8

Nepal. The Constituent Assembly Rules, 2008.: The Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules, 2008. Kathmandu: Constituent Assembly Secretariat, 2008.

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9

Nepal. The Constituent Assembly Rules, 2008.: The Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules, 2008. Kathmandu: Constituent Assembly Secretariat, 2008.

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10

Nepal. The Constituent Assembly Rules, 2008.: The Constituent Assembly (Conduct of Business of Legislature-Parliament) Rules, 2008. Kathmandu: Constituent Assembly Secretariat, 2008.

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Book chapters on the topic "Nepal. Constituent Assembly"

1

Bhandari, Surendra. "Why Did the Constituent Assembly Fail?" In Self-Determination & Constitution Making in Nepal, 53–74. Singapore: Springer Singapore, 2014. http://dx.doi.org/10.1007/978-981-287-005-6_3.

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2

Hachhethu, Krishna. "New Horizon." In Nation-Building and Federalism in Nepal, 66—C3T7. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780198872894.003.0003.

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Abstract Restructuring the Nepali state in the form of inclusive democracy—the national mission set for the post-Maoist insurgency and the post-2006 popular uprising time—contributed to boosting the confidence of hitherto excluded groups of the country, Janajatis in particular. At the outset, there was ethnic awareness/movements under democratic dispensation (restored in 1990); the Maoist insurgency which blended class ideology and minorities’ aspiration; and international declarations and initiatives for the protection and promotion of the rights of Indigenous peoples, that all worked together as ‘drivers for change’ to gear up the Janajatis’ agendas, from a quest for recognition of their cultural identity to an assertion for territorial ethno-political space under federal arrangement. The Constituent Assembly-I (2008–2012)—by its State Restructuring Committee and a High-Level Commission—streamlined the Janajatis’ new aspiration with its recommendation for an identity-based federalism. But unfortunately, the Constituent Assembly-I expired without giving birth to a new constitution.

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3

Hachhethu, Krishna. "Discourse." In Nation-Building and Federalism in Nepal, 1—C1N1. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780198872894.003.0001.

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Abstract At the outset, there were a number of epoch-making events, i.e. a decade-long Maoist insurgency, an unprecedented popular movement of 2006, and the Constituent Assembly elections of 2008 and 2013 which altogether brought out a sea change in the landscape of Nepali politics. In the changed context of transformation of Nepal from monarchy to republic, unitary to federal, and Hindu to secular state, the country has been facing a new challenge on choice of an appropriate path of nation-building. The key question is how to acknowledge, address, and manage ethnic diversity of the country. This country specific question is largely examined with a narrative on global experiences and experiments through literature review on (1) two major contesting concepts—nation-state and or state-nation; (2) comparative experiences of federal countries, South Asian states in particular; and (3) discourse in Nepal on two major contesting proposals, administrative federalism and/or identity-based federalism.

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4

Hachhethu, Krishna. "A State of Two Nations?" In Nation-Building and Federalism in Nepal, 97—C4N11. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780198872894.003.0004.

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Abstract Since its inception, Madheshi sub-nationalism has been expressed in political mobilization initiated by ethno-regional parties. Against the internal colonization that the Madhesh has long suffered, the Madheshis revolted time and again. Irrespective of internal or horizontal differences among themselves in terms of caste, ethnicity, language, and religion, the Madheshi people have a shared perception that Nepal is a country of two nations, Pahadi and Madheshi. To translate this perception into political constituency and legal documents at a critical time of constitution-making (2008–2015), the Madheshi parties struggled hard both inside and outside the Constituent Assembly. Of three contesting proposals—‘one Madhesh, one Pradesh’, ‘one Madhesh, two Pradesh’ and ‘one Madesh, many Pradeshs’—put forth at the negotiating table, the new constitution adopts the last one. So, the Madheshis, like Janajatis, have strong reservations about the constitutional arrangement of federal design of the country.

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5

Hachhethu, Krishna. "A Matter of Numbers." In Nation-Building and Federalism in Nepal, 193—C7T3. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780198872894.003.0007.

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Abstract The 2013 Constituent Assembly (CA) II elections produced a reversed political equation in favour of traditional forces (Nepali Congress, or NC and Unified Marxist-Leninist, or UML) among political parties, and the Khas Aryas among the ethnic groups. Hence, a new NC-led coalition government with UML and other small parties hostile to identity politics, had a clear two-thirds majority in the Assembly after the 2013 elections. This alliance continued till the promulgation of the new constitution. At the middle of the journey, the Maoist party shifted camp, from radical to conservative pole, which allowed the traditional forces to control the process and finalize the constitution in fast-track. Among others, the new constitution has adopted territorial federalism, designed with a rejuvenation of the erstwhile five-development regions with a minor modification. Both the Janajatis and Madheshis have expressed their discontent on several provisions of the constitution, on the seven-provinces federal arrangement in particular.

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6

Hachhethu, Krishna. "Resistance and Reversion." In Nation-Building and Federalism in Nepal, 126—C5N1. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780198872894.003.0005.

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Abstract At a critical time of constitution-making, Nepal also observed the Khas Arya movements. At the outset, in the first half of a decade-long transition period (2006–2015), the state restructuring project was overwhelmed by Janajati and Madheshi radical agendas, including the Constituent Assembly-I’s recommendation for identity-based federalism. This in turn sought an end to the age-long domination of the Khas Aryas. Such fears worked for an effective mobilization of the hill caste people in launching a powerful counter-movement. Since they are equipped with both ‘ascriptive power’ (e.g. a superior position in the hierarchical caste order) and ‘achieved power’ through education and networking with state machineries (i.e. court, bureaucracy, and security sector), this community eventually prevailed to de-ethnicize the content of the state restructuring project, including on federal design. Indeed, they have controlled the leadership position of almost all the major political parties of the country.

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7

Hachhethu, Krishna. "Consensus Dishonoured." In Nation-Building and Federalism in Nepal, 164—C6N24. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780198872894.003.0006.

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Abstract It was political parties not stakeholders that had legitimate authority of constitution-making. At the outset, the first Constituent Assembly (CA-I) elections brought about a change in the political equation in favour of emerging forces (Maoist and Madheshi parties) and non-dominant ethnics (i.e. Janajati, Madheshi, and Dalits). Consequently, radical ethnic content was placed on the table for inter-party negotiation. At another pole, there were traditional parties (Nepali Congress and Unified Marxist-Leninist) which wanted to reinstate the erstwhile 1990 Constitution implicitly but with a new content, republic instead of monarchy. The most tricky question was that none of these two opposing camps had required a two-thirds majority in the 601-members CA to pass the new constitution by voting. So a compromise was inevitable on contentious issues, at one point under compulsion of time limitation of the CA (May 2012) but dishonoured by both sides. Hence, the country was headed towards another round of CA elections.

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8

Malagodi, Mara. "“Godot Has Arrived!”." In Territory and Power in Constitutional Transitions, 161–80. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198836544.003.0009.

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This chapter examines the process and modalities of constitutional reform that led to the federal restructuring of Nepal’s unitary state. It first considers the context that led to the question of federalism in Nepal, focusing on identity politics and the role of mainstream political parties and political elites during the period 1990–2006. It then looks at the period of constitutional engagement, taking into account the establishment of the first Constituent Assembly (CA1) and its eventual dissolution. It also discusses the outcome of federalization as well as the lessons that can be drawn from the process, especially with regard to territorial restructuring, identity politics, and the range of institutional responses to demands for social inclusion. A new Constitution was promulgated on September 20, 2015, but it did not bring about radical institutional restructuring and was met with growing protests in the Terai plains near the Indian border.

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