Why does Nepal have a history of frequent changes of constitution?
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First of all let's see the history of various constitutions in Nepal, 7 in total.
Government of Nepal act 1948: First constitution of Nepal made under a Rana Prime minister who was basically a dictator, there was no democratic rights in this constitution and soon was scrapped after other members of Rana family objected to it.
Interim government of Nepal act 1951: This was made after the Rana revolt was successful in 1951 with help from India and a interim framework was agreed upon. The goal was to have a constituent assembly to form a new constitution but it never happened mainly as the King didn't want it.
Constitution of Kingdom of Nepal 1959: This was the first relatively democratic constitution of Nepal that had a provision for a elected parliament, made Nepal a Hindu state but still gave the King huge powers esp control of the army. Elections were held in 1959 based on this constitution and we had our first elected PM in BP Koirala but the King felt his power was curtailed and he dissolved the parliament and scrapped the constitution in December 1960. This constitution was formed by a commission including foreign experts.
Constitution of Nepal 1962: The King then made this constitution which was a partyless panchayat system meaning political parties were banned and you could only participate in elections as individuals. This constitution gave the King even more powers.
Constitution of Kingdom of Nepal 1990: This constitution was made by a group of politicians after revolution of 1990 was successful against then panchayat system. The constitution relatively curtailed the powers of the King and we had constitutional monarchy plus ban on political parties was lifted and we had multiparty democracy and bicameral legislature among others. This was a democratic constitution but there were people who felt it wasn't inclusive enough and Maoists launched civil war against this.
Nepal interim constitution 2006: The King using 1990 constitution sacked the elected PM and took power in 2005, then the political parties and Maoists united against the King and he was forced to recall the dissolved parliament. A new interim constitution was made that declared Nepal as a secular state, hugely curtailed the powers of the King and said Nepal was going to be a federal state among others.
Nepal constitution of 2015: This is the most progressive and democratic constitution made in Nepal till date and unlike past constitutions this was made by a Constituent assembly that gives it a lot of legitimacy. There are still problems of course with some madhesi parties wanting further amendments but i think it's the best we got and hopefully it won't get scrapped again.
So we basically had 3 interim constitutions that were gonna go anyway. The first relatively democratic constitution of 1959 was scrapped because the king felt it limited his powers. The second one of 1962 was a anti democratic constitution and it couldn't possibly last. Many thought 1990 constitution which was the most democratic constitution till date could last but it was deemed not inclusive enough and later the King misused the constitution to take over. Now we have 2015 constitution which is facing difficulties but hopefully we will take. So essentially frequent change of constitution is due to lack of political stability. We are still in transition because 2015 constitution is also fully not implemented.
Government of Nepal act 1948: First constitution of Nepal made under a Rana Prime minister who was basically a dictator, there was no democratic rights in this constitution and soon was scrapped after other members of Rana family objected to it.
Interim government of Nepal act 1951: This was made after the Rana revolt was successful in 1951 with help from India and a interim framework was agreed upon. The goal was to have a constituent assembly to form a new constitution but it never happened mainly as the King didn't want it.
Constitution of Kingdom of Nepal 1959: This was the first relatively democratic constitution of Nepal that had a provision for a elected parliament, made Nepal a Hindu state but still gave the King huge powers esp control of the army. Elections were held in 1959 based on this constitution and we had our first elected PM in BP Koirala but the King felt his power was curtailed and he dissolved the parliament and scrapped the constitution in December 1960. This constitution was formed by a commission including foreign experts.
Constitution of Nepal 1962: The King then made this constitution which was a partyless panchayat system meaning political parties were banned and you could only participate in elections as individuals. This constitution gave the King even more powers.
Constitution of Kingdom of Nepal 1990: This constitution was made by a group of politicians after revolution of 1990 was successful against then panchayat system. The constitution relatively curtailed the powers of the King and we had constitutional monarchy plus ban on political parties was lifted and we had multiparty democracy and bicameral legislature among others. This was a democratic constitution but there were people who felt it wasn't inclusive enough and Maoists launched civil war against this.
Nepal interim constitution 2006: The King using 1990 constitution sacked the elected PM and took power in 2005, then the political parties and Maoists united against the King and he was forced to recall the dissolved parliament. A new interim constitution was made that declared Nepal as a secular state, hugely curtailed the powers of the King and said Nepal was going to be a federal state among others.
Nepal constitution of 2015: This is the most progressive and democratic constitution made in Nepal till date and unlike past constitutions this was made by a Constituent assembly that gives it a lot of legitimacy. There are still problems of course with some madhesi parties wanting further amendments but i think it's the best we got and hopefully it won't get scrapped again.
So we basically had 3 interim constitutions that were gonna go anyway. The first relatively democratic constitution of 1959 was scrapped because the king felt it limited his powers. The second one of 1962 was a anti democratic constitution and it couldn't possibly last. Many thought 1990 constitution which was the most democratic constitution till date could last but it was deemed not inclusive enough and later the King misused the constitution to take over. Now we have 2015 constitution which is facing difficulties but hopefully we will take. So essentially frequent change of constitution is due to lack of political stability. We are still in transition because 2015 constitution is also fully not implemented.
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