Managing the Maoist combatants and delivering a new constitution through people-representative body -- Constituent Assembly -- were the major objectives of home-grown peace process that began in 2005.

The first objective was fulfilled in 2013 with management of combatants and the second was achieved today with the promulgation of new constitution. With this, Nepal has not only become a secular federal republic but also the peace process, and nearly decade long transition of the country, have come to an end, giving the people a hope for development, peace and prosperity.

Presence of over 89 per cent of 598 Constituent Assembly members in the final voting and support of 85 per cent members to endorse the new constitution from an elected body has made the new constitution a legitimate and acceptable document of the people. As 59 Madhes-based CA members boycotted the final leg of CA’s process due to their discontent over boundaries of federal units, addressing their concerns remains a challenge.

The first CA failed to deliver new constitution and was dissolved in four years. The radical forces – Unified CPN-Maoist and Madhes-based parties that emerged after 2006 political change -- were in a dominant position during the first CA. However, the power-equation changed after the second CA held in November 2013 and Nepali Congress and CPN-UML emerged as the top two parties and their alliance ensured the promulgation of the constitution.

It was not easy job to produce a common document from the parties from divergent backgrounds – former rebels, regional and caste and community-based parties, CA members from different genders, religions, cultural and language background. Forging consensus among 31 parties and two independent CA members was another challenge. Despite these complexities, the CA promulgated the new constitution.

Nepal has so far promulgated seven constitutions and the new constitution is unique in terms of promulgation process and its contents

Nembang upbeat

“Nepal has done something unique by delivering the new constitution. The constitution-making became unique in terms of its process and the given situation.

It was the most inclusive CA the world has ever seen, with a significant presence of women, representatives of various regions, castes and religions. It drafted the new constitution by holding discussions at various levels and took suggestions from Nepali people living within and outside the country and from constitutional bodies, including Supreme Court, and other prominent organisations.

In terms of content, republican set-up, federalism and secularism are completely new things in the new constitution and the provisions for constitution amendment are highly flexible. All past constitutions were promulgated by the members appointed by the rulers or some parties. However, people could ink their signatures on the new constitution through their own representatives.

The CA has produced a good constitution and now our challenge is to implement it in an appropriate manner. The agitating parties should seek more achievements making this constitution a foundation.”

Salient features of new constitution

• Proclamation of constitution in the name of people
• Republican set-up and federalism as fundamental principles
• Seven-province federal model
• Improved parliamentary system with conditional provision of not allowing no-confidence motion against a PM for two years
• Options for PM’s election: by party having majority, by two or more parties forging majority and the largest party (mandatory provision of taking vote of confidence within one month for the last two options. In case of failure to win the trust-vote, the President dissolves the House of Representatives within six months and declare date of fresh elections)
• PM does not have the right to dissolve House of Representatives
• Ensuring inclusion through mixed election system and provision of reservations for underprivileged groups in state bodies
• Flexible constitution with minimum unamendable provisions
• Ensures secularism with protection for all eternal religions
• President and vice president to be from different gender or community
• Speaker or deputy speaker has to be a woman and the two posts should be allotted to two different parties
• Inclusive Cabinet with maximum of 25 members
• Separate commissions on national resources and finance, women, Madhesis, Dalits, Tharus, Muslims and indigenous nationalities
• All languages spoken in Nepal as national languages; a province can make its dominant language as its official language, instead of Nepali language
• List of separate rights for centre, provinces and local bodies
• Flexible provisions on citizenship: Citizenship by recognising three genders and in the name of father or mother, NRNs to get citizenship certificate, provision of retrieving citizenship if former Nepali citizen returns to Nepal and lives for five years
• Right to employment, provision for unemployment allowance
• Separate fundamental rights: Right to health, right to food, right to housing, right to women, right to children, rights of Dalits, rights of senior citizens, consumer rights, right to social security, right to social justice

Seventh Constitution

1. Nepal Sarkar Baidhanik Kanoon (The Government of Nepal Act 1948)

• Promulgated by Rana prime ministerPadma Shumsher

• Framed with the advice of some Indian experts

• Could not be enforced

2. Nepal Antarim Shasan Bidhan (The Interim Government of Nepal Act 1951)

• Proclaimed by king Tribhuvan
• Framed on the advice and consultation between political parties and the king

3. Nepal Adhirajyako Sambidhan (The Constitution of Kingdom of Nepal 1959)

• Proclaimed by king Mahendra
• Framed by a commission led by Bhagawati Prasad Singh, comprising British expert Ivor Jennings as per the advice and consultation between political parties and the king

4. Nepalko Sambidhan (The Constitution of Nepal 1962)

• Proclaimed by king Mahendra
• Framed by a commission led by Rishikesh Shah on the king’s instruction to legitimise his royal coup

5. Nepal Adhirajyako Sambidhan (The Constitution of Kingdom of Nepal 1990)

• Promulgated by king Birendra
• Framed by a Constitution Recommendation Commission headed by Bishwanath Upadhaya following restoration of democracy
• The commission comprised representatives of both political parties and king after a series of discussions and taking suggestions from people before drafting
• Nepali Congress and United Left Front (front of seven communist parties)

6. Nepalko Antarim Sambidhan (Interim Constitution of Nepal 2007)

• Promulgated by reinstated Parliament at the initiative of political parties
• Proclaimed in the name of people for the first time
• Seven-Party Alliance and CPN-Maoist made the constitution following the success of April 2006 movement
• Framed by a committee-led by Laxman Prasad Aryal

7. Nepalko Sambidhan (Nepal’s Constitution 2015)

• Promulgated by people-elected Constituent Assembly
• Drafted by 601-member CA

Major events that led to promulgation of new constitution

• Preamble of “The Interim Government of Nepal Act 1951” mentions:“Whereas, by his proclamation dated February 18, 1951, His Majesty the King of Nepal expressed hisdesire and resolve that his people should thenceforth be governed according to the provisions of aDemocratic Constitution framed by a constituent assembly, elected by them”(Source: Nepal Law Commission)

• Decade-long Maoist insurgency (1996-2006) demanding new constitution through CA
• 12-point agreement between Seven-Party Alliance and CPN-Maoist on 22 November 2005
• People’s Movement of April 2006
• King Gyanendra reinstates Parliament on 24 April 2006
• 25-point code of conduct on ceasefire reached on agreement between the government and CPN-M on 26 May2006
• Reinstated Parliament scraps powers of king on 10 June 2006
• An eight-point agreement between SPA and CPN-M on 16 June 2006
• Comprehensive Peace Agreement signed by PM Girija Prasad Koirala and CPN-M Chairman Pushpa Kamal Dahal on 21 November 2006
• Mahasamiti meeting of Nepali Congress, the largest party at the time, decided to go for republican system on 26 September 2007
• Election of a Constituent Assembly held in April 2008 and UCPN-M emerged as the largest party
• First meeting of CA declared Nepal a republic on 28 May 2008
• The first CA concluded over 80 per cent work on new constitution but dissolved on 27 May 2012 without delivering new constitution after PM Baburam Bhattarai informed President Ram Baran Yadav about the government’s decision to dissolve the CA and hold new CA elections on 22 November 2012
• Bhattarai-led government failed to hold elections due to disagreement among parties
• NC, UCPN-M, CPN-UML and United Democratic Madhesi Front agreed on 13 March 2013 to hold second CA elections by forming a government under the chairmanship of Chief Justice Khil Raj Regmi and President Ram Baran Yadav issued a 25-point order to remove constitutional difficulties for holding CA elections
• Process to integrate   Maoist combatants into Nepali Army completed on 26 August 2013
• Regmi-led government held elections to second CA on 19 November 2013; NC and UML secure the highest number of votes, while UCPN-M became the third largest party
• NC and UML brought nine-point proposal on 3 November 2014 with seven-province model, reformed parliamentary system
• NC, UML, UCPN-M and Madhesi Janaadhikar Forum (Democratic) inked 16-point agreement on June 8 for eight-province model without boundaries
• NC, UML and UCPN-M agree for seven-province model on August 21, MJF(D), however, rejects it demanding separate province or cluster for Tharu-dominant areas
• 58 members of Madhes-based parties and Prabhu Sah of UCPN-M completely boycotted CA meeting after the final voting process began
• Of 598 existing CA members, 507 voted for new constitution, while 25 RPP-N members voted against it on September 16 and 537 members signed the document on September 18
• President Ram Baran Yadav announced the commencement of new constitution on September 20 from the CA’s formal and last meeting