1 October, 2015
Nepal-Salient Features of the New Constitution
Dr. Amit Kumar*
Nepal’s new Constitution was promulgated on 20 September 2015. The Constitution with 308
Articles, 35 parts and nine schedules is the seventh constitution in the history of Nepal since
1948. The new Constitution, adopted eight years after the enactment of the Interim
Constitution, has failed to satisfy the Madhesis, Tharus and Janjatis who together comprise
approximately 49 percent of Nepal’s population. In this context, this report is an attempt to
provide salient features of the Constitution, timeline of constitutional development, remarks
by the Nepali leaders, reactions from international communities and India’ response.
Salient Features
Sovereignty
The sovereignty of Nepal is vested in the people of Nepal. The preamble of the
Constitution says, “We, the people of Nepal, in exercise of the sovereign powers inherent in
us.” The Constitution “embrace(s) the sovereign Right of the people by maintaining country’s
independence, sovereignty, geographical integrity, national unity, freedom and dignity” (Para
2, Preamble of the Constitution).
There is emphasis on the word ‘sovereignty’ and ‘independence’. The words ‘sovereignty’ has
been mentioned many times in the Constitution. Although repeated mention of words –
‘sovereignty’, ‘sovereign’, ‘integrity’ and ‘independence’ – is common in many Constitutions of
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the world, but, in the case of Nepal, it can be seen in the backdrop of insecurity perceived in
the context of its geographical location and recent democratic movements.
Secularism
The word ‘secularism’ is retained in the Constitution. “Nepal is an independent,
indivisible, sovereign, secular, inclusive, democratic, socialism-oriented federal democratic
republican state” (Article 4, Part I). Here, the Constitution also clarifies the meaning of the
word, secular. Secular means “protection of religion and culture being practiced since ancient
times and religious and cultural freedom” (Article 4, Part I). Article 26 (1) states, “Each person
shall be free to profess, practice and preserve his/her religion according to his/her faith.”
The demand for a Hindu nation was rejected by majority of the members of the
Constituent Assembly (CA). In 1962, the Panchayat Constitution formally declared Nepal a
Hindu Kingdom and, at the same time, discarded the logic of caste hierarchy to ensure
equality of all citizens. Nepal was declared ‘secular' after years of insurgency, under the
Interim Constitution, which was promulgated in 2007.
Language
Article 6 of the Constitution states that the Language of the Nation will include all the
mother tongues spoken in Nepal. Article 7 states that the Nepali language written in
Devanagari script will be the business language in Nepal. In addition to the Nepali language,
the Provinces will also have the Right to select one or more language/s spoken by majority of
people of that province as the language for official business [Article 7(2)].
[Article 7(3)] states that the Government of Nepal will decide on the matter of
language on the recommendation of the Language Commission. Nepali people speak over 100
different languages and dialects.
Citizenship
Citizenship – a) Article 10 (1) states, “No Nepali Citizen will be denied to acquire
citizenship.” Article 10 (2) talked about the provision of single federal citizenship with
provincial identity.
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b) A person, who has acquired the Nepali citizenship by descent before the commencement of
the Constitution 2015 (Article 11, 2-a) or any person, whose father or mother was a citizen of
Nepal at the birth of such a person (Article 11, 2-b) and has his/her permanent domicile in
Nepal, will be deemed to be a citizen of Nepal.
c) Interestingly, every child found in Nepal, the whereabouts of whose paternity or maternity
is not known, would be a citizen of Nepal by descent until the mother or father is traced
[Article 11(4)].
d) Article 11(5) states that a person born to a Nepali citizen mother, whose father has not
been traced, having domicile in Nepal shall be deemed Nepali citizen by descent.
e) Key constitutional posts are reserved for citizens by descent.
f) A foreign woman, after marriage to a Nepali citizen, will only be able to acquire naturalized
citizenship of Nepal [Article 11(6]. Further, in the case of a person born to a Nepali woman
citizen married to a foreign citizen will not be able to get citizenship by descent. This clause is
discriminatory in relation to Madhesis [Article 11(7)].
g) Article 14, which describes the provision of granting Non-Resident Nepali Citizenship to
Nepalis, does not favour the Madhesis. The Article states, “The person, who has acquired the
citizenship of a foreign country and is residing in a country other than the SAARC country and
who or whose father or mother, grandfather or grandmother was a citizen of Nepal by descent
or birth and, later on, acquired the citizenship of a foreign country, may be conferred with the
non-residential citizenship of Nepal, entitling him/her to the economic, social and cultural
Rights as provided for in a Federal law.” The Madhesis could have benefited if SAARC
countries were included in the list.
h) The people of Terai region, particularly the Madhesis and Indian citizens living in the
border areas of Bihar and Uttar Pradesh, where cross-border marriages are common and
which are known for Roti-Beti ka rishta, will be the worst affected. Many believe that the fear
of Indian “demographic aggression” in Nepal compelled Nepal’s law makers to modify the
earlier clause of citizenship by descent. Here, Nepal and India differ; India considers social
and cultural bonding as one of the key factors behind the unique and special relationships
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between the two countries, while Nepal considers it as a threat to its identity. In the long term,
the changed rule might help Nepal to reduce Indian influence in Nepal.
i) An amendment proposal received by the CA for the provision of ‘citizenship based on
descent and citizenship with sexual identity’ in Article 12 was rejected by a majority.
Fundamental Rights
Some new Fundamental Rights are included in this Constitution. Among these are the
Right to live with dignity, Right to food (Interim Constitution 2007 had a clause for the Right
to food sovereignty under the section on Right relating to employment and social security),
Right of senior citizens, Right of victims of crime and consumer Rights. The Right to
publication and broadcasting has been placed under the Right to communication.
Article 19 (3) states “no means of communication, including the press, electronic
broadcasting and telephone shall be obstructed except in accordance with law.” Under the
Right to housing, each citizen has the Right to appropriate housing [Article 37(1)]. The
consumers have the Right to quality foodstuffs and services [Article 44(1)]. Article 41 states
that senior citizens have the Right to special protection and social security from the states.
The Federal Parliament
The country will have Federal Parliament consisting of two Houses – the House of
Representatives and the National Assembly (Article 83). The House of Representative will
have 275 members; out of it, 165 will be elected directly, while 110 members shall be elected
from proportional representation electoral system.
Every Nepali citizen, who has attained the age of eighteen years or above, is entitled to
vote. Any Nepali citizen, who is entitled to vote in the election; has attained twenty-five years
of age for the House of Representatives and thirty-five years of age for the National Assembly;
has not been punished for criminal offence involving moral turpitude; is not ineligible under
any law; and is not holding any office of profit, will be eligible to become a member of the
Federal Parliament (Article 87).
As per Article 84 (1a) and Article 286 (5) and (6) of the new Constitution, the electoral
constituency will be based on geography and population. This is an alteration of Interim
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Constitution (Article 63) that does not favour the Madhesis. Article 63 (3) of the Interim
Constitution provided “the basis of the equality of population, geographical congeniality and
specificity, and on the basis of the percentage of the population in Madhes, in accordance with
the mixed electoral system, as provided in the law.”1
Provincial Assembly
There is provision for unicameral legislature in a province. Article 176 states, “Sixty
percent of the members of the Provincial Assembly will be elected through first-past-the-post
election system, while 40 percent will be elected through proportional representation
system.”
Every Nepali citizen, who has attained the age of 18 years and has domicile in a
province, is eligible to cast his or her vote in the elections.
The Federal and Provincial Executive
The executive power of the country will rest with the Council of Ministers (Article 75),
while the President will be the head of the state. Article 76 (9) states, “The President shall, on
the recommendation of the Prime Minister, form a Council of Ministers consisting of members
not exceeding twenty-five in number from among the members of the Federal Parliament on
the basis of the principle of inclusion.”
The Prime Minister and Ministers will be collectively responsible to the Federal
Parliament, while a Minister will be responsible to the Prime Minister and the Federal
Parliament [Article 76 (10)]. The executive power of the Province will be vested in the
Council of Ministers of the Province. Every Province will have a Provincial Head. As the
representative of the Federal government, the Provincial Head will be appointed by the
President.
The Judiciary
There will be three courts – Supreme Court, High Court and District Court – in Nepal.
Article 128 (2) states that the Supreme Court will have the final power to interpret the
Constitution and law. In addition to the Chief Justice, the Supreme Court of Nepal will have a
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maximum of 20 other Justices [Article 29 (1)]. A maximum of 10 Justices can be appointed for
a certain period [Article 29 (1)].
Each province will have a High Court and each district will have a District Court.
Inter-relationship between the Federation, Provinces and Local levels
The relations among the Federation, Provinces and the Local level will be based on the
principles of cooperation, coexistence and coordination [Article 232 (1)]. The Government of
Nepal may issue necessary directives to the Provinces regarding the matters of national
importance and the respective Province will abide by such directives [Article 232 (1)]. If any
Province is indulging in any act that has serious effect on national security, the President has
the right to suspend or dissolve the Council of Ministers of the Province and the Provincial
Assembly [Article 232 (3)]. But the Act must be approved by majority of members of the
Federal Parliament [Article 232 (4)].
There is provision for Inter-Provincial Council to settle political disputes between the
Federation and Provinces and among the Provinces. The Prime Minister will be the
Chairperson of the Council. The Federal government has the right to formulate necessary laws
to maintain coordination between the Federation, Provinces and local bodies.
Article 236 states, “No obstruction of any kind or levying of taxes or discrimination
shall be made in the export and import of goods or services from one Province or local level to
another Province or local level and in the transportation of any goods or services through the
territory of any province or local level to another province or local level of Nepal.” Imposing
no taxes on inter-province trade is good for augmenting India-Nepal trade.
Emergency Power
The President may declare emergency in case a grave emergency arises linked to
sovereignty or territorial integrity of Nepal or the security problem in any part of the country.
Article 273 (1) states, “In case a grave emergency arises in relation to the sovereignty or
territorial integrity of Nepal or the security of any part thereof, whether by war, external
attack, armed revolt, extreme economic breakdown, natural calamity or epidemic outbreak,
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the President may, by Proclamation or Order, declare a state of emergency to be enforced in
Nepal or any specified part thereof.”
Amendment of the Constitution
This Constitution is flexible; it can be amended by two-thirds majority of Parliament
members. But, there are some exceptions. Article 273 (1) states, “This Constitution shall not
be amended in a way that contravenes with self-rule of Nepal, sovereignty, territorial integrity
and sovereignty vested in people.” The Bill related to altering the boundaries of a province
need to form consensus in the respective Provincial Assembly within thirty days from the
time the bill is presented in the Federal Legislature [Article 274 (4)].
Further, Article 275 asserts, “(The) Assembly shall have to get the consensus Bill
endorsed or rejected through majority of the Provincial Assembly and forward the
information regarding the same to the Federal Legislature, within three months.”
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:2
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.
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Illustration 1: Seven Provinces of Nepal (source: sojho.com)
Illustration 2:
A Madhes Model of Federal Provinces* (as available on
madhesiyouth.com) source: madhesiyouth.com,
*This is the same map produced by the State Restructuring Committee in 2012.
The Madhesis, who are pushing the federal agenda for their distinct identity since the
1950s, support identity based federal restructuring of the states. During the 1950s, the
Madhesis fought for their direct autonomy. In the 1980s, the “Sadbhavana Party had
demanded the autonomy of Madhesi from hill administration, but was snubbed by
Kathmandu”. During 2007, the Madhesis organized the 21 days long mass movement –
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known as the Madhesh uprising – for the cause of federalism. In 2008, aiming to
change the Madhesi dominated region into a single, autonomous Madhes province,
three parties – Madhesi Janadhikar Forum (MJF), Tarai Madhesh Loktantrik Party
(TMLP) and Sadbhavana Party – joined hands.
Timeline of Constitutional Development in Nepal
1768: The history of constitutional development in Nepal goes back to 1768 when the
Nepal state was formed. ‘Royal edicts and key Hindu scriptures formed the law of the land’.
1854: Muluki Ain – the codification of traditional approach of Hindu laws in common
practice – was promulgated by King Surendra Bir Bikram Shah in 1854.3 The code
remained the main source to ‘administer justice’ in Nepal for many years.
1948: The Government of Nepal Act, 1948, ‘proclaimed by Padma Shamsher’, was the first
legal instrument to incorporate the democratic values. The Act was an attempt to develop
the framework of a Parliamentary system with a bicameral legislative body. Nevertheless,
the Prime Minister had been vested with the power to select the majority of members of
both houses and reject any ‘measure’ even if it was passed by the legislature.
1951: The Interim Government of Nepal Act 1951, drafted with the help of legal experts
from India, asserted the King’s executive, legislative and judicial authorities. The Act
incorporated “the principles of Personal Liberty, Check and Balance, Independent Judiciary,
Rule of Law and so on.”4
1959: The Constitution of the Kingdom of Nepal, proclaimed on 12 February 1959, did not
last for more than two years. Despite the ‘democratic dispensation’, the Constitution
granted unrestricted discretionary and emergency powers to the King. Within a week of
promulgation of the Constitution on February 18, 1959, the first legislature was elected
through adult franchise. The Nepali Congress won the election and its leader, B.P. Koirala,
became the first democratically elected Prime Minister of Nepal.
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1962: The Proclamation of Constitution of 1962 by King Mahendra. The Constitution
established a central unicameral legislative body – the National Rashtriya Panchayat –
which held only advisory powers. The concept of five Panchs, prevalent in the villages of
the country, was expanded to the national level in a four-tier system. The Constitution of
Nepal 1962 was amended in 1967, 1975 and 1980.
1980: A National Referendum was held in May 1980 to decide whether the people wanted
to go back to multi-party democracy or retain the Panchayat system with reforms. The
referendum favoured reform in the Panchayat system. The 1980 amendment introduced
direct election of the representatives of the national legislature.
1990: Strong popular uprising – Jan Aandolan – in demand for multi-party system. King
Birendra lifted ban on political parties, allowed a peaceful democratic transition and
abrogated various Panchayat bodies. An Interim government led by Nepali Congress
leader, K.P. Bhattarai, was formed. A nine-member Constitution Reform Commission was
announced with representatives from the Nepali Congress, Communist Party and Royal
representatives. The Constitution of the Kingdom of Nepal 1990 was promulgated by King
Birendra in November.
2007: The Interim Constitution of Nepal was proclaimed in 2007. The Interim Constitution,
known as the compromise document between the major political parties, replaced
monarchy with a republic. Under the Interim Constitution, the President was the
ceremonial head of the republic, while executive power was vested in a Council of
Ministers, headed by a Prime Minister. The interim Constitution “provided for the election
of a 601 member Constituent Assembly (CA) with added responsibility of acting as a
Parliament until the enactment of a new Constitution.”5
2008: The first Constituent Assembly served from May 28, 2008 to May 28, 2012. The first
CA’s original tenure was two years with May 2010 deadline for drafting the Constitution of
Nepal. But, the CA failed to draft a Constitution even after extensions. After four successive
extensions, the Supreme Court ruled against any further extension and the term of the CA
ended on May 28, 2012.
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2013: The second Nepalese Constituent Assembly was formed as a result of the 2013
Constituent Assembly elections after the failure of the first Constituent Assembly to pass a
new Constitution.
2015: Nepal, on 20 September 2015, promulgated a new Constitution.
Source:
Timeline
of
Constitutional
Development
http://www.constitutionnet.org/files/Timeline.pdf;
Judiciary
http://www.supremecourt.gov.np/main.php?d=general&f=preliminaries;
Constitution
Making
in
Nepal
and
its
in
Nepal,
in
Nepal,
the
Implementation
(Part
1990
1)
http://www.constitutionnet.org/news/1990-constitution-making-nepal-and-itsimplementation-part-1
Promulgation of the New Constitution – Remarks by the President of Nepal, Prime
Minister of Nepal and other key political leaders
President Ram Baran Yadav
The President congratulated and extended his best wishes after the promulgation of
the new Constitution of Nepal. “A long struggle and aspirations of people of Nepal have finally
manifested into a reality.” The President stressed the need for unity among the people of hills,
mountains and Terai. “(The) new constitution will protect the aspirations and identity of all
regions and communities on equal basis,” President Yadav said.6
Prime Minister Sushil Koirala
Prime Minister Koirala said, “The new constitution has been promulgated. We have to
begin a new era of stability, consensus and prosperity. I congratulate the people of Nepal.” PM
Koirala was of the view that the new Constitution is an opportunity to ‘consolidate unity’
among diverse groups of the country. PM Koirala said, “We can address the issues of social
justice, inclusion and constituency delineation through discussions and talks.”7
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UCPN (Maoist) Senior Leader, Baburam Bhattarai
On 20 September 2015 – After the promulgation of the new Constitution on 20th
September, 2015 evening, Baburam Bhattarai remarked that it was not an occasion for
celebration.8 He said, “Half of the nation’s population is unsatisfied with the new
Constitution. Hence it is not an occasion for celebration.”9
On 24 September 2015 – Expressing solidarity with Madhesi leaders, Baburam
Bhattarai said that the Madhes problem should be resolved through political dialogue.
In a press statement, he said, “Hill and Mountain denizens should not (and cannot)
sleep in peace while the Terai-Madhes that constitutes half the population of country is
burning.”10 “The major demands of Madhes-based parties and our note of dissent in the
Constituent Assembly are of similar nature, so I express my support and solidarity to
their demands,” Bhattarai said in that statement.11
On September 26, 2015 – Baburam Bhattarai severed his ties with his party, UCPN
(Maoist) and also resigned as a Parliament member. “I have apprised party Chairman,
Pushpa Kamal Dahal about my decision to quit the party,” he said. Further, he said that
his decision to quit the Parliament has been conveyed to CA Chairman, Subash Chandra
Nembang.12
Nepali Congress Vice President, Ram Chandra Poudel
Mr. Poudel said that the new Constitution is the most progressive in South Asia in
ensuring the rights of all the Nepali people. “Even the god is incomplete. The constitution has
institutionalised the changes we brought through people’s movement. Now all the Nepali
must aspire to make Nepal a prosperous country,”13 said Poudel.
K P Oli, President UML
K P Oli said, “Nothing is unchangeable and the constitution can be amended to
incorporate voices of the disgruntled parties. Promulgation of the new constitution is victory
of everyone and I would request the agitated parties to join us in its celebration.”14 Oli said
that the new Constitution has institutionalized federalism, republic and proportional
representation.15 Some political parties are spreading rumours about the Constitution.
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Pushpa Kamal Dahal alias Prachanda, Maoist leader
Maoist leader Pushpa Kamal Dahal alias Prachanda said, “If any community has
benefitted from federalism enshrined in the new constitution, it is the Madhesi community.
Madhesis now have their own identity-based federal province and the constitution has also
addressed their concerns over proportional representation and citizenship.” Further, he said,
“We are aware that some sections of Madhesi, Tharu and Janajati communities have still
questions over the new constitution, we can answer them through talks.” Nepal is trusted
friend of Nepal and Nepal does not have any reason to go against Nepal. Nepal must
understand this reality, he said.
Madhesi, Tharu and Janjati Leaders
The Madhesi Janadhikar Forum-Democratic Chair, Bijay Kumar Gachhadar urged three
major parties to consider the concerns of Madhesi and Tharus. He was always ready to find
the solution of the problem through talks, he said.
Sadbhawana Party Chair, Rajendra Mahato said, “The constitution did not honour the
Interim Constitution and past agreements signed with Madhesi and other forces.” “We will
decide our next course of action and our protest will be more effective,”16 he added.
Tharuhat Terai Party Nepal CA member, Gopal Dahit said that “the constitution does
not ensure proportional inclusion of Madhesis, Tharus and other marginalised communities
under the right to employment and right to social justice clauses of the constitution.”17
Reactions from International Communities (excluding India)
Major Powers and neighbours congratulated Nepal for the promulgation of the new
Constitution. The UN, US, EU and some other countries expressed their concerns regarding
ongoing violence in Nepal and stressed the need for a dialogue to solve the problems.
United Nations
While acknowledging the promulgation of the new Constitution of Nepal, United
Nations Secretary General, Ban Ki-moon, expressed concern about recent violence in some
parts of Nepal. The Secretary General stressed the need for non-violence and dialogue for
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reconciliation. “The Secretary-General acknowledges the adoption of the new Constitution in
Nepal. Noting that the Constitution is a living document, he urges all political leaders to act in
the broad national interest and with continued flexibility and inclusivity, 18” his spokesperson,
Stéphane Dujarric, told in New York. “A peaceful and democratic Nepal is what the people of
Nepal seek and deserve,19” he added.
China
China congratulated Nepal on the promulgation of the new Constitution. Foreign
Ministry Spokesperson, Hong Lei's Regular said, “China sincerely congratulates Nepal on
promulgating the new Constitution and hopes to see that Nepal can take this opportunity to
realize national unity, stability and development. China attaches great importance to relations
with Nepal and stands ready to further deepen bilateral friendly cooperation and provide
assistance for Nepal's economic and social development to the best of her capacity.”20
Bangladesh
Prime Minister Sheikh Hasina, on 19 September, 2015, congratulated the people of
Nepal on the occasion of the promulgation of its Constitution.21
Pakistan
Pakistan welcomed the promulgation of Nepal’s new Constitution. In a press release
issued by the Embassy of Pakistan on 21 September 2015, the Government of Pakistan hailed
Nepal on this achievement. Pakistan’s President and Prime Minister congratulated the
President and Prime Minister of Nepal on the adoption of the new Constitution. “We felicitate
the Government and the political parties of Nepal on this achievement. Pakistan is confident
that the new Constitution will further cement the foundations of democracy in Nepal,”
Pakistan’s leadership affirmed.22
Maldives
In a statement issued by the Ministry of Foreign Affairs, Maldives, on 23 September,
2015, the Maldivian Foreign Minister, Dunya Maumoon, congratulated the people of Nepal on
the promulgation of the new Constitution. She said, “With the definitive constitutional course
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taken, I hope that Nepal will now be able to move23 forward in the quest for peace, economic
development and prosperity of the nation.24”
United States of America
The United States of America congratulated the people of Nepal for the promulgation
of the new Constitution – a milestone in Nepal’s democratic journey. John Kirby, Department
of State Spokesperson, said, “The government must continue efforts to accommodate the
views of all Nepalis and ensure that the constitution embraces measures consistent with
globally accepted norms and principles, including gender equality, religious freedom and the
right to citizenship.”25 Kirby stressed the need for continuous engagement in the democratic
process through peaceful and non-violent means.26
European Union
The European Union spokesperson said that the promulgation of Nepal's new
Constitution will be a historic achievement for the people of Nepal as it culminates the Peace
Agreement. The spokesperson said, “The conclusion of this long process should lay the
foundation for Nepal’s future political stability and economic development.”27 Showing
concerns over prevailing unrest in Nepal, the spokesperson said, “The EU expects all parties to
come together to address the outstanding concerns of the Nepalese citizens in an atmosphere
of dialogue and compromise.”28
Jean Lambert, Chair, Delegation for Relations with the Countries of South Asia,
welcomed the promulgation of the new Constitution of Nepal. She said, “Hope that it will now
open the way for a new era of stability, peace and development. Nepal has already suffered
greatly following the devastating earthquakes and the new Constitution can lead the way in
driving reconstruction and regeneration. This Constitution marks a new starting point in
Nepal's democratic process.”29 The European Parliament Delegation for Relations with the
Countries of South Asia congratulated Nepal on being the country whose Constitution protects
gay rights.30
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France
France welcomed the new Constitution of Nepal, which culminated the political
process commenced in 2008. The statement issued by the Embassy of France in Nepal on 20
September 2015, mentioned, “This is a key step toward continuing national reconciliation,
restoring political stability and returning to the path of development.”31
Norway
Norway, in a statement issued by the Embassy of Norway on 22 September, 2015,
Kathmandu, congratulated Nepal for the promulgation of the new Constitution. The statement
mentioned, “This is a milestone in Nepal’s history and democratic development. Norway
encourages the leadership of all political parties and groups in Nepal to work jointly for a
peaceful implementation of the Constitution to secure Nepal’s future social and economic
development.”32 “We urge all citizens to engage through discourse and peaceful, non-violent
means, and for all sides to exercise restraint,” he mentioned further.33
Britain
The United Kingdom, on 16 September, 2015, appreciated the progress made by Nepal
towards the promulgation of a new Constitution. The Minister for Asia, Hugo Swire said, “We
are closely following the final stages of this process. We hope that the new Constitution will be
inclusive, broadly supported and meet international standards on equality.”34 He urged all
citizens to keep restrain and follow peace and non-violence.
Germany
Germany congratulated Nepal for democratic, inclusive and federal Constitution.
Issuing a statement on 22 September 2015, the Foreign Minister, Frank Walter Steinmeier
said, "I welcome the promulgation of the new constitution in Nepal by the constituent
assembly. This is an important step toward reconciliation and further democracy. 35"
Japan
Japan welcomed the promulgation of the new Constitution of Nepal. The statement
issued by the Japanese Minister for Foreign Affairs, Mr. Fumio Kishida, on 16 September,
2015, said that “Japan has always wished for political stability in Nepal and expressed hope
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that Nepal makes more developments in safeguarding democracy, peace-building and
prosperity under the new constitution.”
Further, the statement noted, “Japan hopes that Nepal will make progress in
democracy, peace-building and economic development by ensuring political stability in Nepal
through the new constitution.”36 The same statement is available with minor, but notable
alteration on the website of Embassy of Japan, Kathmandu.
The statement available on the website of Ministry of Foreign Affairs of Japan says,
“Japan hopes that Nepal will make progress in democracy, peace-building and economic
development by ensuring political stability in Nepal through the new constitution” (16
September 2015).
The statement available on the website of Embassy of Japan at Kathmandu says, “The
Government of Japan expects to see that Nepal will make progress in democracy, peacebuilding and economic development by ensuring political stability in Nepal through the new
constitution” (18 September 2015).
Russia
Russia, in a statement issued by the Press and Information Department of its Ministry
of Foreign Affairs, on 21 September, 2015, said, “The new constitution heralded the successful
completion of the main stage of resolving the consequences of the 1996-2006 domestic
conflict. The approval of the fundamental law, which fully meets generally accepted standards,
is the most important condition for peace and stability and strengthening the unity of Nepal as
a sovereign and democratic country. We are ready for further cooperation with Nepal, with
which Russia had long time partnership.”37
India’s Response
India extended best wishes to the people of Nepal. Despite being a strong supporter of
constitution making in Nepal, India’s reaction was governed to the fact that the Constitution
was unsuccessful in creating broad-based ownership and acceptance. The promulgation of the
new Constitution was just ‘noted’ not ‘welcomed’. India’ official statement issued by the
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Ministry of External Affairs on 20 September 2015, said, “Throughout the process of
Constitution making in Nepal, India has supported a federal, democratic, republican and
inclusive Constitution. We note the promulgation in Nepal today of a Constitution.”38
Expressing its concern over violent situation in the several parts of the country bordering
India, New Delhi urged Kathmandu to resolve the differences through dialogue.
India is concerned over ongoing violent reaction to the Constitution in the MadhesTerai region, adjoining India’s border. India has been repeatedly telling Nepal to draft a
Constitution on the basis of consensus. But, India’s advice was ignored in the constitutional
process.
The ongoing violence in Terai region of Nepal will certainly have ‘spill over’ impact on
India’s territories. Delhi’s reaction over the promulgation of Nepal’s new Constitution should
not be read as India’s ‘interference’ or ‘bullying’. India’s concern is being guided by its own
security and economic interests.
Porous border, existing security threats, socio-economic and cultural cohesion
between Madhes and people of India’s border region are the realities, which New Delhi cannot
avoid while dealing with Nepal. If the situation continues to be problematic for long time,
India could face influx of refugees in the bordering Bihar and Uttar Pradesh regions as the
Madhesis of Terai region will prefer to migrate to India.
The Madhesis’ socio-cultural bonding with the people of border region of Bihar is,
perhaps, one of the major reasons for India’s strong voice for the Madhesi cause. The Bihar
Assembly election is due in October 2015 and the Madhesi sentiment could be a potent force
to swing the votes in the border region in favour of the party supporting the Madhesi cause.
Continuous violence in the Terai could be a setback for India-Nepal economic and trade
cooperation and the recently initiated sub-regional Bangladesh, Bhutan, India and Nepal
(BBIN) cooperation in the region.
* Dr. Amit Kumar is Research Fellow at the Indian Council of World Affairs.
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ICWA Issue Brief
Endnotes:
1 Interim Constitution of Nepal, 2063 (2007),
http://www.lawcommission.gov.np/index.php?option=com_remository&Itemid=2&func=startdown&id=163&lang=en, 10 July, 2007
2 The Federal Map That Madhesis and Tharus Wanthttp://www.madhesiyouth.com/political/federalism-for-madhesis-and-tharus/, 27 September.
3 Judiciary in Nepal, http://www.supremecourt.gov.np/main.php?d=general&f=preliminaries, 23 September, 2015
4 Ibid.
5 The 1990 Constitution Making in Nepal and its Implementation (Part 1) http://www.constitutionnet.org/news/1990-constitution-making-nepal-and-its-
implementation-part-1, 26 September, 2015.
6 Kathmandu Post, 21 September 2015, http://kathmandupost.ekantipur.com/news/2015-09-21/constitution-promulgated.html , 22 September 2015.
7 The Himalayan Times, 21 September, http://thehimalayantimes.com/kathmandu/now-focus-on-economic-development-post-quake-reconstruction/, 22
September, 2015.
8 Kathmandu Post, 21 September, http://kathmandupost.ekantipur.com/news/2015-09-20/not-an-occasion-to-celebrate-bhattarai.html, 23 September, 2015.
9 Ibid.
10 Kathmandu Post, 24 September, http://kathmandupost.ekantipur.com/news/2015-09-24/bhattarai-expresses-solidarity-with-demands-of-madhesi-
parties.html, 27 September, 2015.
11 Kathmandu Post, 25 September, http://kathmandupost.ekantipur.com/news/2015-09-25/brb-supports-demands-of-madhes-parties.htm, 27 September,
2015.
12 Kathmandu Post, 26 September, http://kathmandupost.ekantipur.com/news/2015-09-26/bhattarai-quits-ucpn-maoist.html, 27 September, 2015
13 Ibid.
14 The Himalayan Times, http://thehimalayantimes.com/kathmandu/violence-in-protests-unacceptable-says-oli/, 27 September, 2015
15 Ibid.
16 The Himalayan Times, http://thehimalayantimes.com/nepal/madhesis-tharus-stand-opposed-to-new-constitution/, 27 September, 2015
17 Ibid.
18 UN News Centre, http://www.un.org/apps/news/story.asp?NewsID=51931#.Vgf2Weztmko, 25 September, 2015.
19 Ibid.
20 Foreign Ministry Spokesperson Hong Lei's Regular Press Conference on September 21, 2015, http://np.chineseembassy.org/eng/fyrth/t1298582.htm.
21 http://unb.com.bd/pm-congratulation-2#sthash.tRgqYeAE.dpuf, 26 September, 2015.
22 “Pakistan Welcomes the Promulgation of New Constitution in Nepal,” Press Release/Speeches, Ministry of Foreign Affairs, Government of Pakistan,
http://www.mofa.gov.pk/pr-details.php?mm=MzA5MA, 25 September, 2015.
23
24 Statement by the Minister of Foreign Affairs on the adoption of the Constitution of Nepal, 23 September, 2015, http://foreign.gov.mv/v2/en/media-
center/news/article/1403, 27 September 2015.
25 Statement on the Promulgation of Nepal’s Constitution, September 22, 2015, http://nepal.usembassy.gov/pr-09-22-2015.html, 27 September 2015.
26 Ibid.
27 Statement by the Spokesperson on the promulgation of a new Constitution in Nepal, 18 September 2015.
http://www.eeas.europa.eu/delegations/nepal/documents/press_corner/2015.09.18_en.pdf, 27 September 2015.
28 Ibid.
29 Statement by Jean Lambert, Chair of European Parliament Delegation for Relations with the Countries of South Asia, European Parliament, Brussels, 21
September 2015, http://www.eeas.europa.eu/delegations/nepal/documents/press_corner/2015.09.22_en.pdf, 25 September 2015.
30 Ibid.
31 Nepal – Promulgation of the New Constitution (September 20, 2015), http://www.diplomatie.gouv.fr/en/country-files/nepal/events/article/nepal-
promulgation-of-the-new-constitution-09-20-15, 24 September, 2015.
32 Press Statement: Nepal's New Constitution, http://www.norway.org.np/Norway_and_Nepal/PRESS-STATEMENT-NEPALS-NEW-
CONSTITUTION1/#.Vgi4gtKqqko, 27 September 2015.
33 Ibid.
34 Minister for Asia, Hugo Swire, Awaits Nepal’s New Constitution and Urges Calm from All Sides, https://www.gov.uk/government/news/uk-hopes-for-
inclusive-resolution-for-nepal, 23 September 2015.
35 Germany Welcomes New Constitution, http://setopati.net/politics/9422/Germany-welcomes-new-Constitution/, 26 September, 2015.
36 Adoption of the Draft of the New Constitution in Nepal (Statement by Foreign Minister Kishida),
http://www.mofa.go.jp/press/release/press4e_000863.html.
37 Comment by the Information and Press Department on the Approval of a New Constitution by Nepal’s Constituent Assembly,
http://en.mid.ru/en/web/guest/foreign_policy/news/-/asset_publisher/cKNonkJE02Bw/content/id/1759824, 27 September, 2015.
38 Statement on the situation in Nepal, http://www.mea.gov.in/press-releases.htm?dtl/25821/Statement+on+the+situation+in+Nepal, 20 September 2015.
19 | www.icwa.in