Nepal finally has a formal constitution, With history from 1948

Nepal finally has a formal constitution on Sept 20, 2015 after nearly a decade of political paralysis.

After nearly a decade of political paralysis Nepal has a first formal constitution drafted by representatives of the people.

President Ram Baran Yadav signed the Constitution and made the proclamation announcement which was greeted with applause by members of the Constituent Assembly in Kathmandu.

The new Constitution has 37 divisions, 304 articles and 7 annexes. It will be divided into seven federal provinces, a move aimed at devolving power from the capital Kathmandu. But disagreement surrounding the federal structure that will divide Nepal into seven provinces has triggered violence in the country, claiming at least 44 lives including one on Sunday.

It's the first constitution drafted by representatives of the people. In the past, constitutions were either written by the monarch or by a committee selected by the king or queen. It replaced Interim Constitution of Nepal, 2007. The Constitution was drafted by the Second Constituent Assembly following the failure of the First Constituent Assembly to produce a constitution in its mandated period.

Here are some facts about the constitution:

• The constitution defines Nepal as a secular country, despite widespread protests for it to be declared a Hindu state.
• A clause stating "Religious and cultural freedom, with the protection of religion and culture practiced since ancient times" has angered some people who say it favours Hinduism.
• Proselytising remains illegal, reflecting fears of growing numbers of low-caste and other marginalized groups converting to Christianity.
• Rights to citizenship were hotly debated during the drafting and critics say the constitution discriminates against women in terms of passing on citizenship.
• The constitution is the first in Asia to specifically protect the rights of lesbian, gay, bisexual and transgender communities. The state and the judiciary are prohibited from discriminating against sexual and gender minorities.
• The rhododendron is the national flower, and the cow remains the national animal after seeing off a charge from several lawmakers proposing the one-horned rhino.

Timeline of Nepal's Constitution

Year	Details
1948 or 2004	Government of Nepal Act,  Padma Shamsher Rana, a liberal prime minister, who appointed a Constitutional Reform Committee to draft the first constitution. Known as the Government of Nepal Constitution Act, 1948, this constitution, written with the help of Indian advisers, superficially changed the Rana system.Download the Full Copy
1951 or 2007	The Interim Constitution, 1951 The revolution of 1950-51 resulted in the overthrow of the Rana system. In 1951 King Tribhuvan Bir Bikram Shah announced by royal proclamation an interim government and an interim constitution until a new Constituent Assembly could be elected. The interim constitution, based on principles in India's constitution and entitled the Interim Government of Nepal Act. Download the Full Copy
1959 or 2015	The Royal Constitution of 1959 The most significant aspect of the constitution of 1959 was that it was granted by the king rather than drawn up by elected representatives of the people as had been specified in the 1951 constitution. Although the constitution formally brought into being a democratically elected parliamentary system under a constitutional monarchy, the king retained ultimate sovereignty, even though the document itself did not explicitly grant this power. Download the Full copy
1962 Or 2019	The Panchayat Constitution, 1962 By royal proclamation on December 16, 1962, King Mahendra announced a new constitution that radically reformed the 1959 constitution but also adopted many features of the Rana system. Known as the Panchayat Constitution, it was the fourth constitution in fifteen years. Download Full Copy
1990 Or 2047	Constitution of Kingdom of Nepal On November 9, 1990, King Birendra promulgated the new constitution and abrogated the constitution of 1962. The 1990 constitution ended almost thirty years of absolute monarchy in which the palace had dominated every aspect of political life and political parties were banned. Download Full Copy
2007 Or 2063	Interim Constitution of Nepal Fifth & First fully democratic Constitution 1990 failed to satisfy the demands of many Nepali people. There was also a sense that the 1990 Constitution had limited involvement of the people in its making, and that it came formally into being not as an act of the people’s sovereignty but as a gift of the King. The Maoists in particular insisted that the 1990 Constitution could not continue to be the legal basis for governance, even for a transitional period. A decision was made to have an Interim Constitution. Download Full Copy
2015 Or 2072	After nearly a decade of political paralysis Nepal has a first formal constitution drafted by representatives of the people. Download Soft Copy

The constitution has not been without controversy, however, with the decision to divide the country into seven distinct provinces sparking protests that claimed at least 40 lives in recent weeks.

Critics of the bill say the divisions will further marginalize Nepal’s ethnic minorities like the Tharu and Madhesi communities. A clause that increases barriers to Nepali children automatically acquiring their mothers’ citizenship has also been criticized as backward.

“Ownership of the document is important,” Lok Raj Baral, executive chairman of the Nepal Centre for Contemporary Studies, told. “Even if it is a minority that does not accept it, the parties have to take an initiative to address the disgruntled elements.”

The general reaction, however, has been one of relief and positivity, with loud cheers reportedly breaking out in the assembly when Speaker Subash Nembang announced the passage of the bill.

Who is Unhappy ?

Women's groups and campaigners on women's issues say the new constitution discriminates against Nepalese women in what is already a patriarchal society. According to the Kathmandu Post, under the new constitution it will be difficult for a single mother to pass her citizenship to her child.

And if a Nepali woman marries a foreign man, their children cannot become Nepali unless the man first takes Nepali citizenship; whereas if the father is Nepali, his children can also be Nepali regardless of the wife's nationality.

In eastern Terai the so-called Madhesi communities, ethnically and socially close to Indians just across the border, complain they have always faced discrimination and lack of acceptance by the Nepalese state. They say the above citizenship measures will disproportionately affect them because there are many cross-border marriages.

On the more conservative side, Hindu groups that want the restoration of the country's officially Hindu status (abolished nine years ago) are not happy.

The new draft enshrines secularism - although it is a moderate secularism, which says the state is responsible for protecting ancient religious practices, and also makes the cow, sacred to Hindus, the national animal.

Those who favour strong devolution say the new provinces will have fewer powers than originally envisaged - for instance their autonomy on provincial laws, banking and foreign aid will be limited.

Many campaigners for change complain that this new draft was rushed through, with only token and brief public consultations, overseen by the security forces.

And some of those who fought for the Maoists, or supported their aims in their guerrilla war, or who saw them as the most progressive post-war party, now accuse the leftists of betrayal and wonder why the war was fought. In their original charter the Maoists vowed among other things to end patriarchy, let ethnic minorities form their own governments, and redistribute land from large holders to the landless.

Who is happy?

Very many Nepalis are simply relieved that the country has a new constitution after seven years of wrangling. "Now that we have a constitution let us hope there will be rule of law," wrote one woman on Facebook. "As the country stabilises and starts moving towards development, there will always be possibilities of unfavourable laws to be amended."

Some see the document as progressive as it provides for quotas for some groups, including women, indigenous communities and low-caste Dalits, in serving on constitutional bodies.

One notable social group praising the new document is the Blue Diamond Society, which has successfully campaigned for rights of sexual minorities including transgender, gay, lesbian and bisexual people. Its leader, Sunil Pant, who was a member of the first Constituent Assembly, has praised articles that list "gender and sexual minority people" as disadvantaged and that enshrine their right to participate in state mechanisms.

What of the future?

Some say this constitution is not the way forward and may spur further violence.

One Madhesi leader, Shivaji Yadav of the Federal Socialist Forum, has alleged that "the big parties have tried to crush the minority groups" and "pushed the nation into chaos". He says the constitution has been rushed through for the sake of the privileged old guard of politicians, not "the people".

A similar warning has come from Bhoj Raj Pokhrel, a former national election commissioner. He said the "rushed" constitution was leading to conflict, and the state must immediately address the grievances of those opposing it; the country's future depended on it.

But senior politicians are hailing the document. The foreign minister, Mahendra Bahadur Pandey, said Nepal's people "have achieved a republican nation that they have aspired for for decades".

The Maoists' leader, Pushpa Kamal Dahal, called the adoption of the constitution "a victory of the dreams of the thousands of martyrs and disappeared fighters". 

Disclaimer:This post is made with the input from BBC, Time, Wikipedia, AP, AFP, and historical data taken from Federal Research Division of the Library of Congress, USA & Nepal Law Commission. Sketch and images for this post is taken from, FactsNepal & Onlinekhabar.