Chapters
Introduction to the Constitution of Nepal 2019
The Constitution of Nepal 2019 was promulgated by King Mahendra on 1st Poush 2019 and is based on Party-Panchayat System. It consisted of 20 Parts, 97 Articles, and 6 Schedules.
This Constitution was formed after the Royal Coup of Mahendra and intended to introduce Nepal’s Suitable Political Practices. It was also a consequence of the dissatisfaction of Mahendra with the Political Parties and the Government.
The Constitution secured Fundamental Rights, introduced the Unique Panchayat System with Four Tiers of Panchayats, and ensured Absolute Monarchy.
Reasons for the Constitution of Nepal 2019
The Constitution of Nepal 2019 was promulgated in light of the Royal Coup of King Mahendra and his Royal Declaration respectively. This Constitution marked the end of Multiparty Democracy in Nepal for over three decades.
Royal Coup of 2017
The Royal Coup of 1st Poush 2017 was conducted because of the dissatisfaction of King Mahendra with the Political Parties and the Elected Government. He invoked Article 55 of the Constitution of the Kingdom of Nepal 2015 and declared the end of the Parliament.
He also arrested most of the major leaders of the Political Parties that could potentially oppose the Coup such as B.P. Koirala, Ganesh Man Singh etc.
However, other Leaders such as Tulsi Giri, and Bishwabandu Thapa were made members of the New Cabinet of Ministers.
End of Multiparty Democracy
On 22nd Poush 2017 K, ing Mahendra declared the End of Multiparty Democracy in Nepal. He initiated the Party-less Panchayat System in Nepal which he believed was unique and suitable to Nepal.
He committed to the cause stating that 5 the Years of Trial Phase would be given authority after which the Nepali People themselves can choose whether it should be given continuation or not. The National Panchayat decided to give it a continuation in 2022.
Nepal Special Provisions Act
When King Mahendra invoked Article 55 and declared the State of Emergency, he also announced the Nepal Special Provisions Act.
Until a new Constitution was formed, Nepal Special Provisions Act guided the fundamental premises of the Party-less Panchayat System.
Ambitious Nationalism of King Mahendra
King Mahendra was a Patriotic and Ambitious King who desired to promote a United National Identity. He detested International Practices being brought to Nepal and argued for a Nepal Suitable mode of Governance.
However, B.P. Koirala was adamant about practicing International Norms on Democracy and Legislature. Hence, a state of conflict persisted between the two Giants of Nepali History that ended with the Royal Coup.
Features of the Constitution of Nepal 2019
The Constitution of Nepal 2019 was formed under the Leadership of Rishikesh Shah and six other Members of the Committee. As Mahendra desired to bring a Panchayat-oriented Constitution, they researched the Panchayat Practices of both Nepal and India.
Finally, the Constitution of Nepal 2019 was promulgated by King Mahendra with 20 Parts, 97 Articles, and 6 Schedules.
Fundamental Law of the Land
Article 1 of the Constitution of Nepal 2019 has stated that this Constitution is the Fundamental Law of the Land. In other words, the Constitution shall act as the Major Law and it can’t be surpassed by other Laws such as Acts.
In that case, the Act shall be declared null and void.
Welfare Motive Monarchial Hindu Nation
King Mahendra adored the Hindu Identity of Nepal. He declared that Nepal is a Monarchial Hindu Nation. He prioritized a form of Absolute Monarchy.
Moreover, he made Nepal a Welfare Oriented State with priorities on Social and Economic Upliftment of the People.
Centralized Constitution
The Constitution of Nepal 2019 was a highly centralized Constitution with majority of the rights and authority being vested in the King himself. Delegation of Authority has merited attention over Decentralization.
Party-less Panchayat System
As Declared two years earlier by King Mahendra, Party-less Panchayat System was the most unique feature of the Constitution of Nepal. It has been stated that a constitution based on the Lifestyle of the People with the suitability to National Abilities and Traditions has been introduced in Nepal.
In this Panchayat System, four tiers of Government existed:
In this Tradition, the Village and Town Panchayat had Direct Elections whereas other Tier of Government had Indirect Mode of Election.
Nepali Nationalism
Mahendra included various provisions that promoted Nepali Nationalism. He provisioned for Nepali Citizenship. He included the National Emblems, National Animal, National Flag and other miscellaneous facts in the Schedules and Part 1 of the Constitution as well.
He also promoted the narrative that the Constitution was suitable for Nepal and Nepali People.
Fundamental Rights and Duties
Part 3 Article 10-16 of the Constitution of Nepal 2019 has mentioned Seven Fundamental Rights to the People of Nepal. It includes:
Also, the Constitution included Four Preliminary Fundamental Duties as well:
Absolute Monarchy
This Constitution re-introduced Absolute Monarchy in Nepal. The Sovereignty of Nepal and Nepali People was vested in the King himself.
More, the Legislative, Executive, and Judicial Powers of the King were also vested in the King. He was the Head of the State as well as the Head of the Government of Nepal.
More, he was the Supreme Commander of the Nepali Army.
In Short, the King didn’t have any Political Opposition after the promulgation of this Constitution.
Constitutional Commissions
This Constitution saw an increase in the Constitutional Commissions of Nepal. They are:
National Panchayat
As stated earlier, a Four-Tiered Panchayat System of Governance was practiced in Nepal. The Major Assembly, known as the National Assembly consisted of 112 Members and were selected through an Indirect Election.
The Members of the National Panchayat represented their District. Out of the 112 Members 1/4th or 28 Members were directly chosen by the King himself. The Remaining were elected every five years.
In Short, the National Panchayat was also guided by the King although they were provided Seven Special Rights that could be instrumentalized.
Judiciary
Supreme Court was the Court of Record and the Apex Court of Nepal as per the Constitution. Article 68 of the Constitution provisioned for the Supreme Court. However, the Judges were selected by the King himself and had the power to overturn cases and decisions as well.
To Qualify as the Judge of the Supreme Court, one had to have experience of more than 10 years as a Legal Practitioner. The Judges of the Supreme Court were removed after attaining 65 years of age.
The Power of Precedent was first provisioned in this Constitution. Ordinary and Extra-Ordinary Jurisdiction were available to the Supreme Court at the time.
Cabinet of Ministers
The Formation of the Cabinet of Ministers was a challenging task. At least a 60% Majority over the National Panchayat was required by any Leader or Individual to command a majority over the Cabinet of Ministers.
If no individual could do so, the National Panchayat had to recommend the three most commanding names to the King. Then, the King would select any one of the three at his discretion.
Analysis and Consequences of the Constitution of Nepal 2019
The Constitution of Nepal 2019 was the longest Practiced Constitution of Nepal and brought significant Reforms to the country as a whole.
Absolutism
One of the repeating characteristics of this Constitution is the Absolute Power and Authority granted to the King. The King, who should only be heading the Executive, can select members of the Legislature as well as practically appoint the Prime Minister.
The Judiciary is also under the authority of the King as the King can select or remove the Judge and Chief Justice of the Supreme Court.
Sui-Generis Constitutional Practice
Although the Interim Government of Nepal Act 2007 and the Constitution of the Kingdom of Nepal 2015 had completely abandoned Nepali Historical Practices, the Government of Nepal Act 2004 and this Constitution have accepted Nepal-suited Practices.
This Constitution has practiced four Tiers of the panchayat System researching the Practices prevalent only in Nepal and India.
Longest Practiced Constitution
The Constitution of Nepal 2019 was implemented and practiced in Nepal for a total of 26 years with a total of three Amendments. Hence, it is a widely practiced Constitution of Nepal. Its First Amendment five years after, changes were brought to this Constitution.
The Famous Return to Village National Campaign, the development of multiple Highways and Infrastructure, and much of Nepali Intellectual and Cultural Development were inherent in this Constitution.
People’s Movement I
The Political Parties were largely uncomplacent with the Treatment received by the Nepali Government.
With their activism a Referendum (Either Reformed Panchayat or Multi-Party System) was announced in 2036 and ushered in 2037, the political Parties failed to get a majority of the vote, and reformed Panchayat remained in Nepal.
In 2046, in revolt against the Constitution of Nepal 2019 and the Party-less Panchayat, Peoples Movement I was initiated and completed after 49 Days which resulted in the End of the Party-less Panchayat System.
Conclusion
This Constitution has many merits and drawbacks as while the Civil and Political Freedom of the People has been limited, a Nepal-favored and Nepal Suitable Constitution has been formed.
It also lacked Independence of Judiciary and the King had been provided Absolute Authority without any forms of Check and Balance.
Cite
Pokhrel, Aupson. “Constitution of Nepal 2019 – the #1 Encyclopedia of Nepali History.” Encyclopedia of Nepali History, 15 Aug. 2023, itihasaa.com/constitution/constitution-of-nepal-2019.
