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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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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

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 in Nepal,

http://www.constitutionnet.org/files/Timeline.pdf; Judiciary in Nepal,

http://www.supremecourt.gov.np/main.php?d=general&f=preliminaries; 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

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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, peace-

building 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 Madhes-

Terai 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.

Disclaimer: Views expressed are of author and do not reflect the views of the Council.

ICWA Issue Brief

19 | www.icwa.in

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.