Elizabeth Cotter, Northview Public Schools
Murari Suvedi, Michigan State University
Nepal’s Location
Nepal
Lesson Overview
I.
Understanding of U.S. Constitutional History
–
II.
1760-1791: End of French/Indian War through the Passage
of Bill of Rights
Understand key issues to be decided in creating a
new government and drafting a new constitution.
–
–
–
Federalism
Representation
Slavery
Understanding of Nepal’s Constitutional History
III.
–
IV.
Monarchy ► Parliamentary Democracy
Understand key issues to be decided in creating a
new government and drafting a new constitution.
–
–
–
–
System of Government
Minority Rights
Federalism
Integration of Maoist Army
Understanding of U.S. Constitutional History
1760 ► Monarchy
► King George III ascends to the throne of England.
1763 ►Treaty signed between England and France ending the French and Indian War.
1765 ► British Parliament passes the Stamp Act as a means to pay for British troops on the
U.S. Frontier.
1766 ► March 18. Stamp Act repealed, but on the same day parliament passes the Declaratory
Act asserting its right to make laws binding on the colonies.
1768 ► October. British troops arrive in Boston to enforce customs laws.
1770 ► March. Four workers shot by British troops stationed in Boston. Patriots label the
killings "The Boston Massacre."
1773 ► December. Massachusetts patriots protest the
British Tea Act by dumping crates of tea into Boston Harbor.
Understanding of U.S. Constitutional History
1774 ► First Continental Congress convenes in Philadelphia.
1775 ► April. Shots fired at Lexington and Concord. WAR!!!
May: Second Continental Congress
July: Thomas Jefferson's Declaration of Independence ratified
by the Congress.
1783 ► Peace Treaty signed between U.S. and Great Britain.
1786-87 ► Shay’s Rebellion
1787 ►In May, delegates from all 13 states arrive in Philadelphia to rewrite
the Articles of Confederation. In September, the Constitutional Convention
adjourns having passed a National Constitution that needs ratification from 3/4 of the states
1788 ► The crucial states of Virginia (June 25) and New York (July 26) become the 10th and
11th states to pass the Constitution.
1791 ► Bill of Rights passed by the 1st Congress of the United States.
Key issues for drafting a new constitution.
I.
Federalism
– Federalists v. Anti-Federalists
– 10th Amendment (1791)
II.
Representation
– Virginia Plan
– New Jersey Plan
– Connecticut Compromise
– 3/5 Compromise
III. Slavery
– Article 1, Section 9
NEPAL
Understanding of Nepal’s Constitutional History
600 B.C. ► Monarchy
► With the exception of a brief period of time between 1959-1960,
Nepal has had some form of a monarchy with the King as head
of state with sole authority over all governmental institutions
1960 ► King Mahendra proclaims "guided democracy“, and establishes partyless-panchayat
system.
1972 ► King Birendra succeeded.
1980 ► National referendum--people vote for continuance of the Panchayat
form of government and against the reintroduction of political parties.
1990 ► Demonstrations held for the restoration of democracy, Panchayat system
of government dissolved; interim government formed; new constitution promulgated.
Understanding of Nepal’s Constitutional History
1991 ► Elections to Parliament held.
King still had some power, but dramatically reduced.
1996 ► The Communist Party of Nepal (Maoist)
started a bid to replace the parliamentary monarchy
with a people's new democratic republic, through a Maoist
revolutionary strategy known as the People’s War.
2001 ►
King Birendra and his family killed in shooting rampage.
Gyanendra crowned King.
2005 ►
King Gyanendra sacks government, assumes absolute power.
Declares himself the Chairman of the Council of Ministers.
State of emergency announced.
Prime Minister
Parliament
Nepal: Chronology of Important Events
Royal Massacre
*
1990
*
*
#
#
1992
1994
*
**
1996
*
#
1998
*
April 10, CA Election
May 28: Federal Democratic Republic of Nepal
June 11: King Gyanendra leaves Royal Palace
July 21: First President of Nepal, Dr. Ram Baran
Yadav
August 15: First Priminister of the Republic of
Nepal,
Pushpa
Prachanda
* *
* Kamal
* Dahal
*
* *
**
2000
#
**
2002
2004
2006
2008
2010
To fight against terrorism
Restoration of
democracy
and
new
constitution
The Communist Party of
Nepal (Maoist) : People’s
War
King Gyanendra sacks
government, assumes absolute
power
Madhab K. Nepal
coalition
government
**State of Emergency
* New Government
# Election
Understanding of Nepal’s Constitutional History
2006
► People's movement for restoration of Democracy
► King is stripped of powers, removed from his position of Supreme Commander of the
Army.
► Prime Minister assumes the position of the Head of State.
► Nepal is declared a secular nation.
► Maoists sign a Comprehensive Peace Accord with the government agreeing to put an
end to their decade-long insurgency. They agree to confine their army to cantonments,
under the supervision of the United Nations and proceed toward their reintegration.
2007 ► Interim Constitution of Nepal (2006). Maoists join the parliament. Constituent
Assembly election with fully proportional representation announced.
 601 Member Parliament:
• 240 seats from direct election
• 335 seats from proportional system
– 43% from untouchable caste and ethnic groups
– 33% women
– 20% Southern Terai region
– 4% from remote regions
• 26 seats from government nomination
 Function of Constituent Assembly:
• Draft and approve the New Constitution
• Run the government until the new constitution is enacted and elections are held
Understanding of Nepal’s Constitutional History
2008 (April) ► Constituent Assembly Election held.
The formation of Constituent Assembly:
Communist Party of Nepal (Maoists)
220 seats
Nepali Congress
110 seats
Communist Party of Nepal (U.M.L.)
103 seats
Madhesi People's Rights Forum, Nepal 52 seats
Tarai Madhes Loktantrik Party
20 seats
Sadhvawana Party
9 seats
Rastriya Prajatantra Party
8 seats
Other parties …
79 seats
Over 60% seats were taken by parties affiliated with some form of communist movement . . .
2008 (May) ► Constituent Assembly declared Nepal a Federal Democratic Republic,
abolishing the 240 year old monarchy.
2008 (June) ► King Gyanendra Shah leaves the Royal Palace. Palace turned into a
museum.
Understanding of Nepal’s Constitutional History
2008 (July) ► Constituent Assembly
President
Prime Minister
 Dr.Ram Baran Yadav as the first President of Nepal
 Mr. Subash C. Nembang as Chairman of the CA
Parliament
2008 (August) ► Pushpa K. Dahal (Maoist Leader) elected the first Prime Minister of
the Republic of Nepal
2009 (May) ► Madhab K. Nepal forms a coalition government– major parties include:
- Nepali Congress
- Communist Party of Nepal (U.M.L.)
- Madhesi People's Rights Forum
- Tarai Madhes Loktantrik Party
 Two Major Tasks of the Government:
- Governing the country
- Drafting the Constitution
Key issues for drafting a new constitution.
I.
System of Government
II.
Minority Rights
–
–
Women
Poor
III. Federalism
–
–
Criteria for Formation
Power Sharing Structure
OPTIONS:
1) Territorial Division: Federal system with states divided on the
basis of territory.
2) Cultural Division: Federal system with states divided on the
basis of culture (language, ethnicity)
ADDITIONAL CONCERNS: Integration of Maoist Army into
Nepali society.
System of Government: In search of an Alternative Model …
•
“The Republic of South Africa is a constitutional democracy with a three-tier
system of government and an independent judiciary, operating in a nearly unique
system that combines aspects of parliamentary and presidential systems.
Legislative authority is held by the Parliament of South Africa. Executive authority
is vested in the President of South Africa, who is head of state and head of
government, and his or her Cabinet. The president is elected from the Parliament
to serve a fixed term.” (wikipedia.org)
•
“Politics of Switzerland takes place in the framework of a multi-party federal
parliamentary democratic republic, whereby the Federal Council of Switzerland is
the head of government. Executive power is exercised by the government and
the federal administration and is not concentrated in any one person. Federal
legislative power is vested in both the government and the two chambers of the
Federal Assembly of Switzerland. The judiciary is independent of the executive
and the legislature.” (wikipedia.org)
System of Government: In search of an Alternative Model …
•
“Politics of India take place in a framework of a federal parliamentary multi-party
representative democratic republic modeled after the British Westminster System.
The Prime Minister of India is the head of government, while the President of India is
the formal head of state and holds substantial reserve powers, placing him or her in
approximately the same position as the British monarch. Executive power is
exercised by the government. Federal legislative power is vested in both the
government and the two chambers of the Parliament of India. The judiciary is
independent of the executive and the legislature.” (wikipedia.org)
•
“The United States is a presidential, federal republic, in which the President of the
United States (the head of state and head of government), Congress, and judiciary
share powers reserved to the national government, and the federal government
shares sovereignty with the state governments. The executive branch is headed by
President and is independent of the legislature. Legislative power is vested in the two
chambers of Congress, the Senate and the House of Representatives. The judicial
branch (or judiciary), composed of the Supreme Court and lower federal courts,
exercises judicial power (or judiciary).” (wikipedia.org)
Minority Rights
Federalism: Political Map of Nepal (1963-2010)
Federalism: Demographic (Ethnic Group) Map of Nepal
Federalism: Topographical Map of Nepal
Integration of Maoist Army
► During the near decade of conflict, the
Maoist army rose to nearly 35,000 members.
How should these rebel soldiers be integrated
into Nepali society?
► Maoists are demanding that the entire army should
be accepted into the Nepal Army.
► Other political parties feel that they should not be allowed to
integrate into the Nepal Army, but based on individual qualifications
and training, they could be integrated into community police or similar
security forces.
Short Exercise: Group A (GREEN)
• You have 10 minutes to discuss whether the Maoist
Army should be integrated into the Nepali Army. How
should they be integrated into the Nepali society?
• Identify a lead person to share your recommendation.
• Present on the strengths and weaknesses of your
recommendation.
Short Exercise: Group B (BLUE)
• You have 10 minutes to discuss the issue of Federalism
and how to divide the regions of Nepal (territorial v.
ethnic/cultural) – what are the advantages and
disadvantages?
• Identify a lead person to share your recommendation.
• Present on the strengths and weaknesses of your
recommendation.
Short Exercise: Group C (GOLD)
• You have 10 minutes to discuss the desired system of
government for Nepal. Might it look like any of the
governments found in South Africa, Switzerland, India,
or the United States, or should it be its own unique
blend?
• Identify a lead person to share your recommendation.
• Present on the strengths and weaknesses of your
recommendation.
Wrap-Up
Reflect for a moment on today’s discussion,
and answer the following question:
Do you think that the United States would
be successful in drafting a new
constitution by 2011? If it were in a
position to do so, what would be the big
challenges and key issues?
Questions
• Contact information:
Liz Cotter: lcotter@nvps.net
Dr. Murari Suvedi: suvedi@anr.msu.edu
• Lessons/Resources:
http://asianstudies.msu.edu/outreach/Nepalgpa/
NAMESTE!