Nepal’s Political System: Federalism, Elections, and Constitution

Posted on Jun 1, 2025 in Social sciences

Federalism Defined

Federalism is a system of government where power is constitutionally divided between a central authority and regional units, such as states or provinces.

What is an Election?

An election is a formal process through which citizens vote to choose representatives for public office or decide on specific issues, ensuring democratic governance.

Bicameral Parliament: Definition and Necessity

A bicameral parliament is a legislature with two separate chambers or houses, typically a lower and an upper house. It is necessary to ensure checks and balances, promote diverse representation, and allow thorough legislative review.

Understanding a Constituent Assembly

A constituent assembly is a body of representatives elected or appointed to draft, amend, or adopt a new constitution for a country.

Political Parties and Their Post-1990 Roles in Nepal

A political party is an organized group of individuals with shared political beliefs and goals, seeking to gain power through elections. After 1990 in Nepal, political parties played transformative roles:

  • Ending Absolute Monarchy: Parties led the 1990 People’s Movement, pressuring King Birendra to end autocratic rule and adopt a constitutional monarchy with multi-party democracy.
  • Shaping Democratic Governance: They participated in elections, formed governments, and introduced policies to strengthen democratic institutions post-1990.
  • Advocating for Human Rights: Parties pushed for civil liberties, equality, and social justice, addressing issues like discrimination and poverty neglected under prior regimes.
  • Facilitating Peace After Conflict: Post-2006, parties negotiated the Comprehensive Peace Agreement (CPA), integrating Maoist rebels into mainstream politics and ending the civil war.
  • Driving Constitutional Reform: They established the Constituent Assembly, which drafted the 2015 Constitution, marking Nepal’s shift to a federal republic.
  • Promoting Economic Development: Parties initiated programs to boost infrastructure, education, and healthcare, aiming to uplift living standards in a democratizing Nepal.

The Comprehensive Peace Agreement (CPA) and Its Provisions

The Comprehensive Peace Agreement (CPA), signed in 2006 between the Government of Nepal and the Maoists, ended a decade-long civil war. Its key provisions include:

  • Ceasefire and Disarmament: Both sides halted hostilities, with Maoist combatants confined to cantonments and their arms monitored by the UN.
  • Integration of Combatants: Verified Maoist fighters were to be integrated into the Nepal Army, ensuring their transition from rebels to citizens.
  • Constitutional Overhaul: A Constituent Assembly was mandated to draft a new constitution, reflecting Nepal’s diverse population and democratic aspirations.
  • Human Rights Accountability: The CPA promised a Truth and Reconciliation Commission to investigate wartime abuses and promote healing.
  • Democratic Commitment: Both parties agreed to uphold multi-party democracy, human rights, and the rule of law as foundational principles.
  • Monarchy’s Abolition: It laid the groundwork for declaring Nepal a republic, ending centuries of royal rule in 2008.

Constitutional Evolution in Nepal

Historical Development of Constitutions

Nepal’s constitutional journey mirrors its political evolution:

  • Government of Nepal Act, 1948: Introduced during Rana rule as a limited reform to appease growing dissent; lacked real democratic impact due to the regime’s control.
  • Interim Government of Nepal Act, 1951: Enacted post-1950 revolution; established a constitutional monarchy and promised elections, marking Nepal’s first democratic step.
  • Constitution of the Kingdom of Nepal, 1959: Nepal’s first democratic constitution; introduced a parliamentary system but was dissolved by King Mahendra’s 1960 coup.
  • Constitution of Nepal, 1962: Launched the Panchayat system; banned parties, centralized power under the king, and suppressed democratic aspirations for nearly three decades.
  • Constitution of the Kingdom of Nepal, 1990: Restored multi-party democracy after the People’s Movement; reduced the king to a figurehead and empowered elected representatives.
  • Interim Constitution of Nepal, 2007: Post-2006 CPA, it abolished the monarchy, declared Nepal a federal republic, and set up a Constituent Assembly for a permanent constitution.
  • Constitution of Nepal – 2072 B.S. (2015 CE): Culminated years of struggle; established a federal, secular, democratic republic with a focus on inclusion and decentralization.

Chief Features of the Constitution of Nepal – 2072 B.S. (2015 CE)

  • Federal Structure: Divides Nepal into seven provinces and 753 local units, each with defined legislative and executive powers.
  • Bicameral Parliament: Includes the House of Representatives (275 members) and National Assembly (59 members) for balanced law-making.
  • Fundamental Rights: Guarantees equality, freedom, and social justice, with provisions for marginalized groups’ upliftment.
  • Independent Judiciary: Ensures judicial review and separation of powers, safeguarding constitutional integrity.
  • Secular State: Declares Nepal religiously neutral, promoting freedom of belief and cultural diversity.
  • Inclusive Representation: Mandates proportional inclusion of women, ethnic minorities, and regions in state bodies.
  • Decentralized Governance: Empowers provinces and local units to manage resources and development independently.

Federalism in Nepal: Suitability, Advantages, and Disadvantages

Federalism, adopted in 2015, suits Nepal’s diversity but poses challenges:

Advantages of Federalism

  • Empowers Diverse Communities: Grants autonomy to regions with unique ethnic and linguistic identities, reducing historical marginalization.
  • Localized Governance: Provinces address specific needs like agriculture or tourism, enhancing responsiveness.
  • Balanced Development: Shifts resources from Kathmandu to underdeveloped areas, promoting equity.
  • Strengthens Democracy: Increases political participation at multiple levels, deepening democratic roots.
  • Conflict Resolution: Addresses grievances of ethnic groups, reducing tensions seen in the Maoist insurgency.

Disadvantages of Federalism

  • Jurisdictional Overlap: Ambiguities in power-sharing spark disputes between federal and provincial authorities.
  • Resource Scarcity: Funding multiple governments strains Nepal’s economy, delaying projects.
  • Administrative Inexperience: New provincial systems lack trained personnel and infrastructure for effective governance.
  • Risk of Fragmentation: Overemphasis on regional identities could weaken national unity if mismanaged.
  • Implementation Costs: High financial and logistical demands challenge a nation with limited capacity.

My View: Federalism is suitable for Nepal’s pluralistic society, fostering inclusion and local empowerment. However, its success hinges on capacity-building, clear legal frameworks, and cooperative federal-provincial relations.

Nepal’s Administrative System

Nepal’s administrative system, as per the 2015 Constitution, operates on three tiers:

Federal Government

  • Leadership: Headed by the President (ceremonial) and Prime Minister (executive).
  • Legislature: Bicameral – House of Representatives (275 members) and National Assembly (59 members).
  • Powers: Manages defense, foreign policy, currency, and national infrastructure.
  • Role: Coordinates inter-provincial issues and sets national priorities.

Provincial Governments

  • Structure: Seven provinces, each with a Chief Minister and unicameral Provincial Assembly.
  • Powers: Oversees provincial police, education, health, and agriculture.
  • Autonomy: Drafts laws and budgets tailored to regional needs.
  • Coordination: Links federal policies with local implementation.
  • Challenges: Faces resource shortages and capacity gaps.

Local Governments

  • Units: 753 entities – 6 metropolitan cities, 1 sub-metropolitan city, 276 municipalities, and 460 rural municipalities.
  • Leadership: Elected mayors or chairpersons with local councils.
  • Responsibilities: Manages sanitation, roads, water supply, and primary education.
  • Authority: Levies taxes and enacts local regulations.
  • Goal: Enhances grassroots democracy and service delivery.

This decentralized system aims to bring governance closer to citizens, though it grapples with coordination issues and resource limitations requiring sustained reform.