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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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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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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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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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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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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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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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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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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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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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Whelpton, John. "Nepal and Bhutan in 2008: A New Beginning??" Asian Survey 49, no. 1 (January 2009): 53–58. http://dx.doi.org/10.1525/as.2009.49.1.53.
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In Nepal, the twice-postponed elections for the Constituent Assembly were successfully held in April 2008. The Maoists, who obtained a plurality of seats, took office at the head of a multi-party coalition following the formal abolition of the monarchy. Yet, fundamental issues still remained unresolved, including integrating the guerilla forces into the national army. In Bhutan, elections for the lower house were won decisively by the party led by Jigme Thinley, and the country's new Constitution was promulgated.
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Kanel, Tara. "Women's Political Representation in Nepal: An Experience from the 2008 Constituent Assembly." Asian Journal of Women's Studies 20, no. 4 (January 2014): 39–62. http://dx.doi.org/10.1080/12259276.2014.11666197.
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Guragain, Govinda Prasad. "Analyzing Women Issues in the second Constituent Assembly Elections (CAE) in Nepal." Rural Development Journal 2, no. 1 (December 31, 2017): 95–102. http://dx.doi.org/10.3126/rdj.v2i1.67294.
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This research explores the status of women based primarily on the Constituent Assembly Election (CAE). It provides a framework for future policy and decision-making during national elections to enhance women's empowerment through the electoral system, ensuring their political representation based on democratic principles. The article examines the portrayal of women in Nepali politics by the media from September to December 2013, focusing on the coverage related to the second CA elections. The study employs a qualitative explanatory analysis to argue that the failure of the first CAE to draft a new constitution led to a second CAE within five years. The topic of inclusion, particularly the representation of women, was hotly debated in both elections. While the first CAE was lauded for its inclusiveness, the second one fell short, with fewer women candidates and even fewer winners. The article also delves into the reasons behind the unequal representation of women in the CAE, their issues and demands, and concludes with an overall assessment of the situation.
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ADHIKARI, KRISHNA P., and DAVID N. GELLNER. "New Identity Politics and the 2012 Collapse of Nepal's Constituent Assembly: When the dominant becomes ‘other’." Modern Asian Studies 50, no. 6 (February 15, 2016): 2009–40. http://dx.doi.org/10.1017/s0026749x15000438.
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AbstractThis article explores the politicization of ethnicity in Nepal since 1990. In particular it looks at how ideas of indigeneity have become increasingly powerful, leading to Nepal becoming the first and—to date—only Asian country to have signed International Labour Organization Convention number 169 (hereafter ILO 169). The rise of ethnic politics, and in particular the reactive rise of a new kind of ethnicity on the part of the ‘dominant’ groups—Bahuns (Brahmans) and Chhetris (Kshatriyas)—is the key to understanding why the first Constituent Assembly in Nepal ran out of time and collapsed at the end of May 2012. This collapse occurred after four years and four extensions of time, despite historic and unprecedentedly inclusive elections in April 2008 and a successful peace process that put an end to a ten-year civil war.
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Guragain, Yuba Raj. "International Support for Democracy in Nepal." Global Focus 1, no. 1 (April 30, 2021): 83–95. http://dx.doi.org/10.21776/ub.jgf.2021.001.01.6.
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This study explores the roles of international communities in the democratization process particularly in the post-conflict contexts of Nepal. Based on the main courses of Constituent Assembly Elections of 2008 and 2013 on the background of the civil war (1996 - 2006) and peace process, the analyses of related data showed that international community assisted not only to the peace process through playing different roles such as of a facilitator, a technical supporter, a monitor, a diplomatic good office in the peace process but also as a technical and generous supporter to Election Commission for managing free, fair and credible elections. The support was to the Election Commission, the peace process, to the legislature parliament and all these have made more contributions on institutional and managerial aspects for democracy promotion while equal focus has to be on the people’s level for deliberative democracy.
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Rai, Prakash. "Unity in Diversity: Federalism in Multiethnic Country Nepal." Prāgyik Prabāha 11, no. 1 (June 12, 2023): 102–14. http://dx.doi.org/10.3126/pp.v11i1.55513.
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Federalism, in general and multiethnic federalism, in particular is supposed to be a device to create unity in diversity in multiethnic country. Multiethnic federalism, a form of federalism, in which the territorial government or state is carved out based on nation or ethnic category to enable national minorities to exercise indigenous and ethnic minority rights like self-rule and autonomy is supposed to be a device to create unity in diversity in multiethnic country like Nepal. In Nepal, indigenous nationalities, and Madhesi communities who, historically, have been excluded in state’s institutions, have demanded multiethnic federalism, identity-based federalism on their own term, as an institutional device for their inclusion in the state. They have argued that it is a device to generate unity in diversity through accommodating diversity in the state. But there was no consensus on this issue while making the constitution through the constituent assembly. Some have argued that it would be a 'castist' (Jatiya) state if ethnic-based federalism is adopted. In this article, I have argued that multiethnic federalism is a device to end the nature of the age-old exclusionary Nepali state and an institutional mechanism of healing the inter-ethnic rupture of Nepali society. Indigenous nationalities in Nepal have demanded separation within a state to protect and promote their identity based on democratic values rather than separate from a state of their own. For this purpose, I have reviewed theoretical articles and critically analyze how it creates unity in diversity in a multiethnic country like Nepal.
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Tamang, Seira. "Exclusionary Processes and Constitution Building in Nepal." International Journal on Minority and Group Rights 18, no. 3 (2011): 293–308. http://dx.doi.org/10.1163/157181111x583297.
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AbstractThe current constitution building exercise in Nepal must be seen in the context of a history of an exclusionary state run by high-caste, hill, male elites. Past democratic transitions, including the 1990 change, failed to ensure the rights, participation and representation of excluded groups. The April 2006 peoples' movement, the Comprehensive Peace Agreement, the election to the Constituent Assembly of the most representative elected body in Nepal's history and the establishment of a Republic has raised hopes for real change. However, current tendencies to narrowly define the peace process solely in terms of a political settlement between the Maoists and other dominant political parties has marginalised larger commitments made in the peace agreement to tackle deepseated economic, political and social inequalities. In the context of a highly politicised climate and the rise of identity politics, such an orientation risks jeopardising long term, sustainable peace building in Nepal.
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Chhetri, Gyanu. "Perceptions About The “Third Gender” In Nepal." Dhaulagiri Journal of Sociology and Anthropology 11 (December 31, 2017): 96–114. http://dx.doi.org/10.3126/dsaj.v11i0.18824.
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This paper is built around the argument that negative attitudes of family and society towards the third gendered persons could lead to unacceptance, discrimination, exclusion and ostracization of the third gendered persons in the family and society. This paper presents an analysis of the causes of abandonment of one’s own family by the third gendered persons. Third Gendered Persons could open-up, come out and organize themselves for equality in par with other genders, when they get support from an organization. The third gendered persons in Nepal are getting organized under the umbrella of Blue Diamond Society. The Court recognition of third gendered persons as ‘natural’ people led the Government of Nepal consider the third gendered persons from ‘unnatural’ and ‘perverted’ to appoint a third gendered person a member of the Constituent Assembly. However, these people are not visible in the national census report. Same sex marriage is yet to be legalized.Dhaulagiri Journal of Sociology and Anthropology Vol.11, 2017; 96-114
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Gyawali, Gokarna P. "Federalism: Challenges and Opportunities in Nepal." Molung Educational Frontier 8 (December 3, 2018): 37–48. http://dx.doi.org/10.3126/mef.v8i0.22439.
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It is assumed that the main aspect of the Constitution of Nepal promulgated on September 20, 2015 is the transfer of power from central/federal to the provincial and local government. However, the devolution process has not been satisfactorily experienced as had been expected when it was promulgated by the overwhelming majority of the then Constituent Assembly. One of the reasons for this slow progress might be some confusion and/ or problem in matters of power sharing between different levels of governments. So, the primary objective of the researcher is to review the power sharing modality existing in the new constitution on different sectors and areas of the state machinery. This paper focuses on the federal structure, demography, power sharing between the provincial and local level, opportunities and challenges of federalism in Nepal. It argues that the restructuring initiatives have not been successful in minimizing the political, social, economic, regional and ethnic inequalities that were inherent in the previous political systems for nearly 240 years of a unitary system of governance in Nepal. This paper also explores the implications of Nepal‘s new Federal Constitution for local governance, fiscal policies, cultural identity and other related issues.
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Føllesdal, Andreas. "Federalism, Ethnicity and Human Rights in Nepal. Or: Althusius meets Acharya." International Journal on Minority and Group Rights 18, no. 3 (2011): 335–42. http://dx.doi.org/10.1163/157181111x583314.
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AbstractThe article addresses one of the difficult tasks of the Nepal Constituent Assembly: how to translate the idea and mechanisms of federalism in ways that are faithful to the best interests of the Nepal people into a constitution of a democratic, human rights-respecting Nepal republic. The reflections concern four varieties of federal elements, discussing arguments in favour and against each drawn from an interpretation of other states' experiences. Two of the four are territorial: constitutional: an entrenched split of powers, and political: decentralised autonomy. Two are non-territorial: minority rights and minority representation in common decision making bodies. Some of these arguments and lessons may be helpful also for Nepal's challenges, two features of which are especially noteworthy: there are very many different groups that must be accommodated fairly. And members of these groups very often live side by side on the same territory. Human rights protections combined with federal elements of Nepal's new Constitution must serve to prevent future domination, especially by the centres, over these many ethnic groups and castes.
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Oli, Sudan Kumar. "Political Disorders and Economic Growth Nexus during 1960-2020: An Empirical Analysis of South-Asian Countries." Quest Journal of Management and Social Sciences 4, no. 1 (June 21, 2022): 85–94. http://dx.doi.org/10.3126/qjmss.v4i1.45870.
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Background: The election is a process of transferring power and authorities to lead the public position in democratic practice. This process not only hands over the power for the decision making but also introduces changes in the governing system that influence either way to the individual, firms, community, society, and the entire nation through various governing tools. An election affects the economic system from within and outside in south-Asian countries. Therefore, the south-Asian economy keeps tracking the different types of elections to adjust their economic system accordingly grounded on the level of its harm and benefits. Academic research can provide a directional understanding of how the election can influence the economy.
Objective: The major objective of this study is to examine the impact of the national election on the economy in South Asian countries.
Methods: This study has employed the panel data of five major south-Asian countries: Bangladesh, India, Nepal, Pakistan, and Sri Lanka, from 1960 to 2020. We collected the series of data from the World Bank database and the official websites of respective countries. The data were empirically analyzed using the difference-in-difference (DID) method and descriptive statistics.
Results: An empirical analysis result shows a positive role of the national election in South Asia except for Pakistan. Further, this study also indicates that the coefficient of different-in-difference is positive, indicating a positive impact of the first Constituent Assembly Election-2008 on economic growth in Nepal. However, this analysis also shows that the national election before the Constituent Assembly (CA) Election-2008 had a more significant positive impact on economic growth than the post-CA elections in Nepal.
Conclusions: Overall, this study concludes that the national election has a positive impact on economic growth in South Asia except for Pakistan, but the degree of influence depends on the socio-political and economic structure of the respective country in the region.
Implications: The findings of this paper would be useful for scholars interested in a sociopolitical economy in the south Asian region and equally valuable for the policy stakeholders.
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Pathak, Bishnu. "Impacts of India’s Transit Warfare against Nepal." World Journal of Social Science Research 2, no. 2 (November 11, 2015): 266. http://dx.doi.org/10.22158/wjssr.v2n2p266.
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<p><em>Nepal promulgated the New Constitution with signatures of 90 percent of the Constituent Assembly (CA) II members on September 20, 2015</em><em>.</em><em> The world congratulated Nepal for its success, but Nepal’s roji-roti-beti closest neighbor India sent a cold-note and a mild-warning. India informally conveyed a proposed 7-point constitutional amendment the following day supporting 10 percent of Nepal’s CA II, which are agitating Madhesi groups. Such amendments interfere with landlocked Nepal’s sovereign and internal affairs, but Nepal was full of confusion in answering it. Moreover, India initiated an undeclared transit trade warfare, blocking Nepo-India borders. The blocking at borders is freezing the life of all Nepalis. Now Nepal suffers from an acute shortage of cooking and oxygen gas, gasoline, medicines and other daily humanitarian supplies. Hospitals have stopped normal operations in the lack of medicines and oxygen gas. No gasoline is being provided to public and private vehicles except security officials. Only emergency flights are operating. Worse still, India’s transit warfare was conducted in a period when Nepo-China borders were blocked by the post-Earthquake. India’s proposed Amendment in the Constitution for Madhesi groups is just a drama; clearly the myopic interest of India is to control Nepal’s natural resources and to restore the Hindu Kingdom. Ranjit Rae, India’s Ambassador to Kathmandu gathering agitating Tarai-Madhes leaders into the Embassy just before Prime Minister</em><em>’</em><em>s election said, “The winning of Oli as a Prime Minister of Nepal is a defeat of India”</em><em> </em><em>(Ratopati</em><em>,</em><em> 2015). Rae further hurts the Nepali as he followed Goebbels’ style of reporting to New Delhi. As a result, angry masses are displaying arson effigies of India and PM Modi across the country ranging in Tarai, Hill and Mountain. The 21st century’s great socialist leader Modi now becomes known as a bully leader in the eyes of Nepali and South Asian people. And his popularity is plummeting each and every day. If the talented and clever Modi does not abandon his ego and ambition, he might do suicide in the same way Nepal’s former King Mahendra did in 1972 when he honestly realized the error of his past mistakes and wrongdoings. Nepal now turns to United Nations against India’s shadow-boxing to achieve landlocked country’s sovereign rights and other concerned rights.</em></p>
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Lamichhane, Bimal Prasad. "Models of Constitution Making with Reference to Nepal." Journal of Political Science 20 (October 4, 2020): 23–45. http://dx.doi.org/10.3126/jps.v20i0.31793.
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Constitution is commonly called as the foundation, framework, guideline, roadmap, charter, established rule or legal order of government. It is the supreme and fundamental law of the state because constitution gives legitimacy or validity to all laws and no laws surviving against the constitution. Law is valid only if it is in conformity with the constitution. Constitution being the basic and organic law of land the process of its making is quite important. Constitution making is the act of creating and reforming the body of fundamental principles that govern a state. Constitution making is, therefore, a critical entry point for shaping the future of a country, the exercise of power and the social compact among citizens and between citizens and their state. There is no universal rule, formula, exact method or model for making a constitution. There are several models used in constitution making such as commission model, expert model, constituent assembly model, referendum model, draft committee model, gift model, colonial model, adherence model, peace negotiation model, national conference model, etc. The models of constitution making is selected according to geographical, social, cultural, religious, economic, historical, political and legal system of a concerned country. Hence, in this article the author clearly presents the clear perspectives of constitution, constitution making and the popular models and the procedures used in making constitution with reference to Nepalese experiences and instances.
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Lamichhane, Dron Prasad. "Revisiting India’s Neighborhood First Policy in the Context of Growing US China Engagement in Nepal." Nepal Public Policy Review 3, no. 2 (July 14, 2023): 20–43. http://dx.doi.org/10.59552/nppr.v3i2.70.
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Where does India’s Neighborhood First policy stand in the context of U.S.-China’s growing strategic engagement in Nepal? It has been realized that Indian Prime Minister Narendra Modi's Neighborhood First Policy was unable to deliver on its economic and developmental promises in a multifaceted manner. Mr. Modi’s initial engagements with Nepal were perceived as accommodating policies, and it was believed that they would bring about a “paradigm shift” that would replace the “Nehru Doctrine.” However, going against the spirit of the speech delivered by Mr. Modi in Nepal’s Constituent Assembly, India imposed an unofficial blockade that pulled down Nepal-India relations. Further, Kalapani border disputes and Mr. Modi’s unwillingness to receive the EPG report also added to the trust deficit. The EPG report was expected to reactivate the trust. However, this vacuum gives the U.S. and China an opportunity to increase their strong presence in Nepal. China’s interest in getting access to South Asia via the BRI project overlaps with the MCC. So, their rivalry to create strategic space in Nepal is going on. On the one hand, India has not joined BRI and believes it String of Pearls strategy. Further, the country perceives any development in the Himalayan region as a security threat. On the other hand, India and the U.S. are global allies since China’s takeover of Tibet and they have held similar views on Nepal. Considering the growing bipolar strategic rivalry between China and the U.S., this paper examines where India’s Neighborhood First policy stands and what the state of its implementation will be. This study uses qualitative, exploratory research techniques to analyze the geopolitical relation and diplomacy.
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Marattha, Purushotam. "Quest for Political Stability: Party Leadership Role in CA." Tribhuvan University Journal 29, no. 1 (March 31, 2016): 161–74. http://dx.doi.org/10.3126/tuj.v29i1.25967.
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The political parties of Nepal have never been able to move as an engine of social transformation process, much like their inability to give a stable government. After replacing the Party-less regimes, with them multiparty system the country has mainly witnessed drawbacks of parliamentary system. The political parties have failed to promote democracy and they have hammered on the root of constitution. However, a new constitution was demanded through a Constituent Assembly (CA) and after nearly a decade long exercise, the constitution of Nepal, 2015, was promulgated on September20, 2015. Since that period Nepal has formally entered into a Federal Republican Nation. The new constitution has covered all the achievements of Second People's Movement (SPM).Since then the federal republican constitution has been completely setup in Nepal. This constitution has institutionalized the federal democratic republican setup and it has opened the rooms for amendment, where as the constitution of the Kingdom of Nepal, 1990 was not amended even a single article for the last many years. Writing the constitution through the CA was a great achievement of Nepal. During the constitution declaration period major political forces like Big-3 NC, CPNUML and UCPNM showed their highest degree of Unity. The new constitution was passed by more than two thirds majority in the CA. But the Conflict about the number of States (Pradesh) is hampering the stability of the present new constitution. The dissolved CA-2 has not been able to settle all the political conflicts. The on going Madhes agitation deepen into the another constitutional crisis. Tarai based parties like Samyukta LoktantrikMadhesi Morcha (SLMM), an alliance of four parties has joined the parliamentary process. Earlier SLMM has obstructed and paralyzed border area with an unseen support of southern neighbor. Daily general strike of SLMM and closure of industries at border points has led to soft state syndrome in Nepal.
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Kandel, Ishwori Prasad. "Nepal–India Relationship After The Rise of Modi." Historical Journal 11, no. 1 (August 1, 2020): 8–15. http://dx.doi.org/10.3126/hj.v11i1.34630.
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This paper has attempted to define Nepal, being a sovereign country would like to deal with India on an equitable basis. Geographically, culturally and economically, Nepal is closer to India. Nepal also realizes that it can’t ignore its southern neighbor India. The Republic of India and the Federal Democratic Republic of Nepal initiated their relationship with the 1950 Indo-Nepal Treaty of Peace and Friendship and accompanying secret letters that defined security relations between the two countries, and an agreement governing both bilateral trade and trade transiting Indian territory. The Indo-Nepal border is open; Nepalese and Indian nationals may move freely across the border without passports or visas and may live and work in either country. However, Indians aren't allowed to own land-properties or work in government institutions in Nepal, while Nepalese nationals in India are allowed to work in Indian government institutions (except in some states and some civil services the IFS, IAS, and IPS). After years of dissatisfaction by the Nepalese government, India in 2014, agreed to revise and adjust the treaty to reflect the current realities, however, the modality of adjustment hasn't been made clear by either side. Due to geographical proximity, socio-cultural affinity and economic dependence of Nepal, India has strong influence on Nepal and its policy decisions.
Modi’s first visit to Nepal in August 2014 as part of his ‘neighbourhood first’ policy was highly successful. He was the first foreign leader to address the Constituent Assembly - the body tasked with drafting Nepal’s new constitution. His remarks drew widespread praise from all Nepalese political parties and seemed to promise a new beginning in India–Nepal relations. Minister Narendra Modi had expressed its displeasure at Nepal’s constitution, a position made clear in a series of statements issued by Ministry of External Affairs (MEA) in New Delhi. Citing MEA sources, Indian Express even circulated a seven-point demand for amendments to the constitution, within days of its promulgation. With the election of nationalistic leader K P Oli as prime minister in Nepal, the rift between Delhi and Kathmandu was widened, and lead to a massive humanitarian crisis, as shortages of fuel, medicines, and essential supplies become acute across Nepal, with no sign of reconciliation in sight.
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Prasad, Uma Shankar. "Nepal's Fiscal Federalism Model in the New Constitution: Agenda for Amendments." NRB Economic Review 27, no. 2 (November 24, 2015): 91–108. http://dx.doi.org/10.3126/nrber.v27i2.52563.
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The first Constituent Assembly (CA) was dissolved without producing the constitution. The Constitution of Nepal as Federal Democratic Republic was promulgated on September 20, 2015 by the second CA. The primary objective of this study is to review the modality presented in the new constitution on the natural resources, economic rights and revenue allocation and recommend some amendments. The study finds that the fiscal decentralization initiatives have not been successful in minimizing the political, social, economic, regional and ethnic inequalities inherent for nearly 240 years of a unitary system of governance in Nepal. The study recommends: VAT and income taxes will have to be collected concurrently at both the central and sub-national levels. Other taxes including excise duties will have to be collected by the sub-national governments which will support the expenditure responsibilities of the sub-national governments adequately in federal Nepal. Intergovernmental transfer modality has to be included in the constitution. A Federal Finance Commission (FFC) and the National Planning Commission will have to be constituted at the central level to make national level development plans and to make recommendations for additional grants and loans. A State Planning Commission (SPC) and a State Finance Commission can be established in each state to prepare state development plans and to deal with the transfers to be made to local bodies.
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Ghai, Yash. "Ethnic Identity, Participation and Social Justice: A Constitution for New Nepal?" International Journal on Minority and Group Rights 18, no. 3 (2011): 309–34. http://dx.doi.org/10.1163/157181111x583305.
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AbstractFor nearly two centuries Nepal has been governed under the hegemony of three upper caste communities: Brahmins, Chettries and Newars. Under the influence of Hinduism and the monarchy, other communities, Dalits, women, indigenous peoples and the people of the southern parts were marginalised. Struggles of democracy in the 1950s were less about social justice than the access of the elite communities to increasing shares in the spoils and administration of the state, which was achieved in the 1990 Constitution. The Maoist rebellion in the mid 1990s seriously hampered the working of the Constitution, although not the hegemony of the upper caste communities. The uprising of the people against the King in April 2006 changed the context of that rebellion, accelerated the ceasefire and introduced a new constitutional agenda, based on social justice and the inclusion of the marginalised community in the affairs and institutions of the state. However, despite the overthrow of the monarchy, a multi-party government, of parties committed to fundamental state restructuring, progress towards a new dispensation has been slow. A new Constitution should have been adopted by April 2010 by an elected, representative Constituent Assembly but disagreements between the former elites, still firmly in control of politics, has diverted attention from constitutional reform.
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Khaniya, Bharat, and Arun Kumar Sharma. "Election and Development in Federal Nepal: Perspective of APF in Election Security." Journal of APF Command and Staff College 1, no. 1 (December 14, 2018): 37–43. http://dx.doi.org/10.3126/japfcsc.v1i1.26711.
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Free and fair elections are the elements that contribute in strengthening the democracy. They are more important for the fragile democracies like Nepal. The new constitution promulgated in 2015 by Constituent Assembly led the country to federal state. Elections of all three tiers of government were to be held within two years from the date of promulgation. The constitution granted a number of tasks to be performed by local bodies for the development of the country. Elections and development are interrelated and connected. Elections elect candidates and those candidates are the vehicle of development. But the first year passed by without doing much and later government had to execute the task within the period of eight months. Local elections were planned and held in three phases due to security reason, whereas, provincial and federal elections were completed in two phases. All security forces mobilized in duty performed their duty well and elections went on peacefully except some petty incident in some parts of the country.
This article is centered on the security provision of election and a long-term security plan. It needs to be prioritized by the government, as the security situation deteriorates further each day. Anti-election elements, agitating groups attempting to achieve their rights, lack of law and order, and banditry are just some of the security challenges Nepal is currently facing, and affects the ability to hold free and fair elections. Consequently, security is integral and inseparable part of an election and electoral process. The study concluded that the security agencies were proactive, capable of providing security to the political leaders, candidates and voters perform their functions effectively and peacefully during legislative elections 2017.
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SNELLINGER, AMANDA. "From (Violent) Protest to Policy: Rearticulating authority through the National Youth Policy in post-war Nepal." Modern Asian Studies 52, no. 3 (May 2018): 1043–75. http://dx.doi.org/10.1017/s0026749x16000937.
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AbstractYouth frustration was a front-running issue during Nepal's decade-long civil war (1996–2006) and democratic protests (2003–2006). Young activists were mobilized as foot soldiers in these political battles, but they also capitalized on their position to establish themselves politically. They earned public recognition for their direct action; however, they have struggled to stay relevant as their parties shifted from protesting against the government to running the government. In response, youth activists leveraged the public support they earned and general concern over youth disenfranchisement to demand an active role in state restructuring. The Maoist-majority Constituent Assembly government partially heeded them by handing over the task of drafting the National Youth Policy to their youth wings and other youth activists. This policy shaped the youth-focused agenda of the newly designed Ministry of Youth and Sports and other government bureaus. This article uses the National Youth Policy as the context for an examination of how youth activists are establishing public authority beyond (violent) protest. By focusing on the micro-politics of the committee appointed to draft the Policy, I analyse the techniques its members used to assert their political values and agendas through policymaking in order to secure their positions during politically turbulent times. This article elucidates how formalized governing practices and revolutionary politics blend to reconstitute state order in the aftermath of civil war.
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Sharma, Rajendra. "Contract for Peace: Peace Agreements and its Security Implication." Journal of APF Command and Staff College 3, no. 1 (February 3, 2020): 21–34. http://dx.doi.org/10.3126/japfcsc.v3i1.27527.
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Negotiated settlements have been increasingly accepted as the preferred way of ending civil wars. Studies show that only 50 percent of negotiated settlements last beyond five years, while in others, negotiated settlements have been shown to keep the peace for only three and half years. Contrary to this, the peace agreements/understandings were universally considered as the pivotal blue print for conflict transformation and peace buildings. In our case, the management of arms and armies, reintegration of few former rebels in the national army, promulgation of the constitution from the constituent assembly etc. are the crucial tasks of the peace process. In this context, this paper highlights the major peace agreements (2005-2010) reached between the then Communist Party of Nepal (CPN)-Maoist and the seven parliamentary party alliance’s government and simultaneously tries to analyze these agreements’ influence on security. The 12-point understanding of 2005 concluded in New Delhi is the guiding framework of the Nepalese peace process and has its geostrategic implication as well. Likewise, the Comprehensive Peace Accord (CPA) of 2006 is a milestone in bringing about an end to the decade of old civil war and beginning an inclusive, secular, peaceful and democratic nation-building process. Despite everything, delaying the transitional justice process and staling the social reconciliation can be the potential reason for a reprisal of conflict
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Neupane, Deepak, and Li Zeng. "Condition of Nepali journalists after the 2008 Constituent Assembly Election." Journal of International Communication 20, no. 1 (January 2, 2014): 87–97. http://dx.doi.org/10.1080/13216597.2014.880362.
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Manandhar, Tri Ratna. "Nepal: From Constitutional Monarchy to a Republican State (1990-2008)." Journal of International Studies, January 9, 2020. http://dx.doi.org/10.32890/jis.10.2014.7951.
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The peoples’ movement of 1990 was a great landmark in the history of modern Nepal for it ended the three-decades of the old dictatorial rule of the king and established a parliamentary system with the king as a nominal head of state. But unfortunately, the country could not form a good government because of inter and intra-party conflicts. To add fuel to the flame, the rise of the Maoist movement and the royal massacre put the country in a state of confusion and uncertainty. The new king tried to revive dictatorial rule once again by suppressing the political parties and the Maoists. But his attempts failed, and the 19-day movement in 2006 re-established peoples’ sovereignty in the country. The first meeting of the elected constituent assembly in 2008 formally ended monarchy and declared Nepal a republic. But the first constituent assembly ended its four–year term without drafting a constitution. The second constituent assembly has pledged to promulgate a democratic constitution by January 2015, but all indications are that that the country is unlikely to get a constitution in time.
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Shrestha, Amrit Kumar, Shyam Prasad Phuyel, and Kamal Kumar Poudel. "Vote Shifting Patterns: Comparative Cases from the Constituent Assembly Elections in Nepal." Journal of Social and Political Sciences 3, no. 1 (March 30, 2020). http://dx.doi.org/10.31014/aior.1991.03.01.141.
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Pandey, Krishna Prasad. "Inclusive vis-à-vis Exclusionary Constitution: An Analysis of the Current Constitutions of Nepal and Bhutan from Ethnic Lens." Millennial Asia, March 19, 2021, 097639962097863. http://dx.doi.org/10.1177/0976399620978635.
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Nepal and Bhutan, two Shangri-las of South Asia, share similar geo-political features but substantially differ in terms of demographic size and ethno-political history. The Constitution of Nepal 2015 which was promulgated by the second Constituent Assembly formed in 2013 came up with its inclusive character as it secured reasonable space for the ethnic minorities and owned their political, economic and cultural concerns. On the contrary, Bhutan adopted a different course in terms of accommodating ethnic and minority aspirations, although the country has also chosen parliamentary democracy in a narrow sense since 2008. From constitutional point of view, Nepal’s move from a liberal to an inclusive constitution made strenuous effort to bring all sections of Nepali society on board but Bhutan’s shift from a royal decree to an exclusionary constitution consciously left a large section of minority behind by suppressing their legitimate claims for basic democratic rights. This article explores the inclusive and exclusionary characters of the current constitutions of these countries from ethnic perspective.
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Rana, Bandana, and Samiksha Koirala. "Nepal’s Gender Policies: Achievements and Challenges." Nepal Public Policy Review, September 26, 2021, 191–200. http://dx.doi.org/10.3126/nppr.v1i1.43442.
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Nepal has experienced extraordinary political and social changes in the last 25 years. Since the Constituent Assembly (CA) election in 2008, progress has been noted in increasing women’s access to literacy, education, and healthcare services. Despite significant gender reforms in policies and strategies, Nepali women continue to experience discrimination and violence mainly because of their gender. Drawing upon six different cases – constitutional and international framework, participation of women, women peace and security, sexual and reproductive health rights, gender-responsive budget and citizenship law – this paper highlights some of the achievements and gaps in the area of gender reform policies and practices. Methodologically, the study adopts document review and personal reflections of authors as the main source of information. The paper concludes with some key recommendations to address existing challenges and gaps of these selected policies/strategies.