Nepal Government and Society Constitutional Framework

Nepal

Although reforms in the 1950s began to move the kingdom toward a democratic political system, the crown dissolved parliament in 1960 and subsequently banned political parties. Thereafter, Nepal became only nominally a constitutional monarchy, and the constitution of 1962 (amended 1967, 1976, and 1980) effectively gave the king autocratic control over a multitiered system of panchayats (local bodies, or councils). In the 1980s, political restrictions were eased, and organizations such as the Nepali Congress Party, the Communist Party of Nepal, numerous small left-leaning student groups, and several radical Nepalese antimonarchist groups were allowed to operate more or less openly. Political parties, however, were not again legalized until 1990, when nationwide unrest forced King Birendra to accept the formation of a multiparty parliamentary system. 

A new constitution promulgated on November 9, 1990, greatly reduced the power of the monarchy. The king remained the head of state, but effective executive power was given to the Council of Ministers, headed by the prime minister. Appointed by the king, the prime minister was required to be either the leader of the majority party in the House of Representatives (the lower house of parliament) or, if there was no majority party, a representative who could form a coalition majority. The king was constitutionally also a part of parliament and was charged with giving assent to bills that had been passed by both legislative chambers—the House of Representatives and the National Council (the upper house). 

The House of Representatives consisted of 205 members popularly elected to five-year terms. The 60 members of the National Council held six-year terms; 10 were nominated by the king, 35 were elected by the House of Representatives (of which 3 had to be women), and 15 were selected by an electoral college. The constitution gave the House of Representatives considerably more power than the National Council. 

All Nepalese citizens age 18 and older are eligible to vote. Because most voters in Nepal are illiterate, candidates largely have been chosen by party symbol (e.g., a tree for the Nepali Congress Party and a sun for the United Marxist-Leninist Party of Nepal). Some voters, moreover, have had to travel long distances, in some cases for hours along mountain paths, in order to reach a polling station. Prior to 1990 the country was divided for administrative purposes into 5 development regions, 14 zones, and 75 districts; in addition there were corresponding regional, zonal, and district courts, as well as a Supreme Court. The 1990 constitution mandated the elimination of the regional and zonal courts, which were to be replaced by appellate courts. The administrative divisions themselves continued to exist as provisional units. The early 21st century was a tumultuous yet transformative period in Nepal’s governmental history. A Maoist insurgency that had been gaining strength since the late 1990s demanded not only the election of a constituent assembly to draft a new constitution but also the abolition of the monarchy. 

As the insurgents negotiated with the government, tensions escalated into violence. Following intermittent peace talks, abortive cease-fires, dissolution and reconstitution of the House of Representatives, and major abrogation of the king’s authority, the Maoists and the government finally agreed to the drafting of an interim constitution— promulgated in January 2007—and the formation of an interim administration. Elections for a constituent assembly of some 600 members were held in April 2008, and the following month the monarchy was indeed dissolved and Nepal declared a republic. 

The country continued to operate for several more years under an interim constitution that provided for a unicameral legislature and a Council of Ministers, with most of the power vested in the prime minister. Protracted negotiations finally produced a new permanent constitution in 2015, which was approved by the legislature and promulgated on September 20. The document established a secular federal-style republic consisting of seven administrative regions and a bicameral legislature. A president would be head of state, and the Council of Ministers, led by the prime minister, would continue as head of government. 

Nepal is famous for the fighting qualities of its Gurkha soldiers; nearly 10,000 of them serve in British Gurkha units and 50,000 in Indian Gurkha units. The British maintain a recruiting centre at Dharān. Gurkha veterans are a valuable human resource of Nepal. For police purposes, the country is divided into three zones: eastern, central, and western, with headquarters at Birātnagar, Kathmandu, and Nepalganj, respectively. Each zonal headquarters, under a deputy inspector general of police, is responsible for several subsections composed of four to five police districts operating under a superintendent of police. A district superintendent is in charge of police stations in his area, and each station normally is supervised by a head constable.

Health and Welfare 

The Ministry of Health is responsible for the support and administration of public health services, including hospitals and health clinics. Although the government has taken steps to improve existing health centres and to establish new ones, health care remains inadequate. Malaria, tuberculosis, cholera, and typhoid are prevalent in spite of government projects to control or eradicate them. Ayurvedic medicine, the traditional Hindu system of medicine, is popular in Nepal. 

Education 

The Ministry of Education and Culture is responsible for administration and supervision of all elementary and secondary education. Higher education has developed relatively recently. The first college was established in 1918, and Tribhuvan University in Kathmandu, with faculties of arts, sciences, commerce, and education, was chartered in 1959. The University Senate has sole legal responsibility for higher education and the authority to grant academic recognition to colleges but is largely dependent upon the Ministry of Education for funds.


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