Salient Features of the Constitution of Nepal 2015

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Salient Features of the Constitution of Nepal, 2015 by Dr. Bipin Adhikari, a leading constitutional law expert, describes the contents of the new Constitution from the perspective of a scholar. The Constitution of Nepal, 2015 is a document of compromise between many political parties. Had this compromise failed amidst fluid politics and international interferences, the second Constituent Assembly would inevitably have dissolved once again without producing a constitution. This would have been disastrous for the country and the people. The parties that compromised represented different masses, including the extreme right and the extreme left. Some were centrist with leftist or rightist orientations. However, not only was the new Constitution shaped by ideology, but it also had influences of class, caste, religion, ethnicity, and regional considerations. Obviously, the Constitution has attempted to accommodate every constituency, at least in the opinion of the Constituent Assembly's two-thirds majority, without unduly leaning on any one side. Countries that never resort to constitution-building by the way of a constituent assembly in the modern age may never know this kind of equilibrium and compromise. Dr. Adhikari's commentary thus explores Nepal's context that gave rise to the Constitution and shaped its provisions and their nuances.”

Nepal has been in an unstable state ever since the 1950–51 transition that heralded democracy in the country. Although the end of the Rana regime was a momentous event in the history of Nepal and brought many changes in the country, these changes did not significantly contribute to the consolidation of national interests, the institutionalization of democracy, or the people's empowerment. Even though the country began its constitutional journey in 1948, it has yet to reach its destination.

In an environment of political instability, where the people have failed to prevail, Nepal has produced seven constitutions in a span of more than 67 years. The people's representatives, who were assigned the responsibility of framing the seventh constitution, proved to be the weakest representatives in the history of constitution-making in Nepal. They navigated through a turbulent political scenario before they eventually created a document of compromise. Even now, it is doubtful whether the document they have created will restore peace and stability in the country. What is clear, however, is that Nepal's uncertainty remains unresolved.

There are objective reasons behind this suspicion. Nepal continues to face the challenges of geopolitics and national divides along ethnic, religious, cultural, and regional lines. These challenges were continuously reflected in the seven years it took to complete the constitution-drafting process, which eventually lead to the adoption of the Constitution of Nepal, 2015. The first effort, which began in 2008 with the election of the Constituent Assembly, unsuccessfully ended in 2012. The second effort, beginning in 2013, attempted to build on the first and was eventually successful.

Nepal celebrated the first anniversary of the promulgation of its seventh constitution, the Constitution of Nepal, 2015, on September 20, 2016. Compared to the country's previous constitutions enacted during an approximate 68-year period, the new Constitution is unique in many respects.

The first Constituent Assembly, beginning on May 28, 2008, was unable to frame a new constitution, even in four years. Despite its attempts, the government at the time was unable to gear the efforts to promulgate the new constitution or to mobilize support within the Constituent Assembly to create an alternative arrangement by amending the existing Constitution. Amidst a series of constitutional crises, a new Constituent Assembly was elected on November 19, 2013 in order to pursue a second try at constitutionbuilding. This is how the Constitution of Nepal, 2015 was finally adopted, thus replacing the Interim Constitution of Nepal, 2007.

The new Constitution is unique in the sense that it is the creation of an elected constituent assembly for the first time in Nepal's history. It is distinctive also because it is based on republican values, a three-tier federal system, and many new economic, social, and cultural rights guaranteed to the people. As a Constitution that aims to create an inclusive democracy in the country, it also intends to protect the rights of indigenous peoples and minorities as well as others facing structural disadvantages. The new Constitution distinguishingly introduces a parliamentary form of government, an integrated judiciary in a newly federalized country, and a devolution of power to the local level. Compared to Nepal's previous constitutions, this Constitution is certainly a cut above, and, if implemented with the right spirit and dedication, will empower the people of Nepal, help build an inclusive political order, and serve as a springboard for the country's socioeconomic and political development.