Unit 1: Constitutional History of Nepal — Pre-Constitutional History of Nepal; Constitutional History of Nepal; Major Events of Nepalese Constitutional History; Basic Features of the Constitution of Nepal
1. Pre-Constitutional History of Nepal
The era before written constitutionalism — governance by conquest, custom and code:
- The unification and the Shah state (1743–1846): Prithvi Narayan Shah’s Gorkhali unification (the 1768 Valley conquest its symbol) built a Hindu kingdom governed by the king’s direct decree, the royal priest-and-court advisory apparatus, and customary law’s diversity — a centralized kingship over a multi-legal realm (Comparative Law’s four-layer palimpsest, Semester 3, in its oldest stratum);
- The Muluki Ain (1854): not a constitution but the subcontinent’s pioneering national legal code — Jung Bahadur’s post-European-tour codification: one text for all cast and community, hierarchy-aware but uniform-promise (Property Law’s and Nepali Legal System’s recurring ancestor); the Ain‘s discipline: officials’ discretion curbed by written provision — legality without constitutionalism;
- The Rana system (1846–1951): the Kot Parva (1903 BS) establishing hereditary executive prime-ministership — the king retained, the state captured; governance by sanads, shree-3‘s decrees and the civil code’s machinery; no written limits, no rights, no courts independent of the executive — the century the word “constitution” itself was forbidden currency in public discourse;
- The reform eddies: the 1940s’ martyrs’ movement (Shukraraj Shastri, Dharma Bhakta, Dashrath Chand, Gangalal — the four martyrs of 1941) and the Government of Nepal Act, 2004 BS (1948) — the Rana regime’s eleventh-hour constitutional gesture: a written document with an “Advisory Assembly” — too little, too late: the revolution of 1951 already organizing.
2. Constitutional History of Nepal
The seven constitutional documents (the ladder every exam answer climbs):
- Interim Government of Nepal Act, 2007 BS (1951): the Delhi Compromise’s text — the Rana-King-Congress tripartite settlement after the 1951 armed revolution; a constitutional monarchy for the first time; the interim legislature and council of ministers; the promise of a “constituent assembly” made and deferred (the 1951–59 decade’s broken thread);
- The Constitution of the Kingdom of Nepal, 2015 BS (1959): the first democratic constitution — fundamental rights, bicameral parliament, an elected government under the crown; the 1959 general election (B.P. Koirala’s majority) and the document’s fatal flaw: the crown’s reserve powers — the 1960 coup’s constitutional doorway (18 months of parliamentary democracy);
- The Constitution of Nepal, 2019 BS (1962): the Panchayat system — partyless “guided democracy”: the king supreme; Raj Sabha, Rastriya Panchayat, class-based panchas; fundamental duties and directive principles without justiciable rights; the 1979 student movement and the 1980 referendum (reform rejected, choice retained); the 1980s’ creeping liberalization (the 2042-BS referendum-era amendments) — thirty years of constitutionalism without democracy;
- The Constitution of the Kingdom of Nepal, 2047 BS (1990): the Jana Andolan’s settlement — constitutional monarchy + multi-party parliamentary democracy; the sovereign people; justiciable fundamental rights; an independent judiciary with the Supreme Court’s residual judicial-review power (the 2047 Court’s era of activism — PIL’s Nepali childhood); the document’s 1990s’ practice: the Maoist war’s 1996 beginning, the 2002–05 dissolution spiral, the 2005 royal takeover — the monarchy’s own constitution weaponized against it;
- The Interim Constitution of Nepal, 2063 BS (2007): the Jana Andolan-II settlement (2006) — the 12-point agreement’s constitutional form: the Constituent Assembly promised; the monarchy suspended (then abolished by the first CA’s 2008 declaration); the secular, federal, republic commitments planted; the 33-point structure of interim governance — the 2008–15 era’s scaffold;
- The Constituent Assembly era (2008–2015): the first CA elected (601 members; the 240/335/26 formula), the republic declared (28 May 2008), the integration-and-rehabilitation negotiations, the first CA’s failure (2012) — the dissolution over federalism’s design (the “identity vs. viability” dispute); the second CA (2013) and the 16-point cross-party accord’s endgame;
- The Constitution of Nepal, 2072 BS (2015): promulgated 20 September 2015 (3 Asoj 2072) by the second CA — the first constitution made by a constituent assembly in Nepal’s history; the earthquake-year’s urgency; the post-promulgation turbulence (the Madhes movement’s protests over the boundary-and-citizenship settlements; the first amendment 2072 itself) and the document’s consolidation: the 2017 local elections’ three-tier rollout (the federalism’s operational birth — the first local elections in twenty years), the 2018 governments, and the constitutional practice now in its second decade.
3. Major Events of Nepalese Constitutional History (the memory ladder)
| Year (AD) | Event | Constitutional meaning |
|---|---|---|
| 1846 | Kot Parva; Jung Bahadur’s rise | Hereditary executive premiership; kingship emptied |
| 1854 | Muluki Ain | First national legal code; written law’s empire |
| 1948 | Government of Nepal Act (2004 BS) | First written constitutional document (Rana-authored) |
| 1951 | Revolution of 2007 BS; Interim Government of Nepal Act | Rana era ends; constitutional monarchy begins |
| 1959 | Constitution of 2015 BS + first general election | First democratic constitution; first elected government |
| 1960 | Royal dismissal of the Koirala government | Democratic constitution’s first death |
| 1962 | Constitution of 2019 BS | Panchayat: partyless guided democracy |
| 1979–80 | Student movement; national referendum | Reform debated; Panchayat retained |
| 1990 | Jana Andolan; Constitution of 2047 BS | Multi-party democracy + constitutional monarchy |
| 1996–2006 | The armed conflict | The state’s greatest constitutional stress test |
| 2005–06 | Royal takeover; Jana Andolan-II; Interim Constitution 2063 | Monarchy’s endgame; CA promised |
| 2008 | First CA; republic declared (28 May) | Nepal a federal democratic republic |
| 2012–13 | First CA dissolves; second CA elected | The federalism deadlock and the second chance |
| 2015 | Constitution of Nepal promulgated (20 September) | The CA-made constitution; the current order |
4. Basic Features of the Constitution of Nepal (2072 BS / 2015)
- Sovereignty in the people and the Constitution as the supreme law (Article 1: any law inconsistent is void to the extent of inconsistency);
- Federal democratic republican polity (Article 4-family: the republic’s declaration institutionalized) with three tiers of government — federation, provinces, local level (Article 56) — the exclusive-competence schedules (Articles 57–58: Schedules 5–9) and the cooperative, coexistence-and-coordination federalism (Article 232(1));
- Secular, socialist-oriented state commitments (the preamble’s contested-and-settled formulas: secularism’s “protection of religion-and-culture” reading; the socialism-oriented economy as directive, not orthodoxy);
- Comprehensive justiciable fundamental rights (Articles 16–46: thirty-plus rights — dignity, equality, freedom, justice, remedies — Unit 2) and enforceable-state duties (the 3-year implementation duty of Article 47);
- Directive principles, policies and responsibilities (Articles 49–51) as non-justiciable governance guides (Article 55) — the welfare state’s aspirational face (Unit 3);
- Inclusion as constitutional architecture: proportional representation throughout (the electoral system’s closed-list inclusion groups — Article 84(2); the one-third women’s rule — Article 84(8)); the rights of women, Dalits, children and minorities as enumerated rights (Articles 38–42); the inclusion commissions of Part 27;
- The mixed electoral system (first-past-the-post + proportional representation — Articles 84, 176) and the parliamentary executive’s confidence conventions (Articles 76, 100, 188 — Unit 4);
- An independent judiciary with the Supreme Court as the final interpreter (Article 128) and the constitutional-review machinery (Article 133; the Constitutional Bench — Article 137) — Unit 6;
- Constitutional bodies as accountability architecture (CIAA, Auditor General, PSC, Election Commission, NHRC — Unit 7) and the Constitutional Council’s appointment machinery (Article 284);
- A semi-rigid amendment design (Article 274): the ⅔-of-existing-members rule, the unamendable core (sovereignty, self-rule, territorial integrity, popular sovereignty) and the provinces’ veto over their boundary-and-Schedule-6 changes — with the basic-structure doctrine’s judicial shadow (Unit 7);
- Constitutionalized political parties (Articles 269–270) and the free press, independent constitutional commissions and the “balanced” emergency regime (Article 273: the time-limited, approval-bound, rights-respecting emergency — Unit 4).
Exam Focus
- Pre-constitutional: Kot Parva 1846; Muluki Ain 1854 (code ≠ constitution); Rana governance’s lawlessness-in-legality.
- The seven-document ladder with dates and one-line characterizations; the 1959-vs-1962 contrast; the 2047 settlement; the 2063 interim and CA era; the 2015 promulgation date.
- Major events table (memorize the ladder).
- Basic features: the eleven-point list with article numbers for the verifiable ones (Arts 1, 56, 57–58, 84, 128, 133, 137, 269–270, 273, 274, 284).
Model Questions
- Write an essay on the constitutional history of Nepal from the Muluki Ain to the Constitution of 2015. (15)
- “The Constitution of 2015 BS failed not for want of rights but for want of power limits on the crown.” Discuss. (10)
- Trace the road from the Interim Constitution of 2007 to the promulgation of the Constitution of 2015, including the first Constituent Assembly’s failure. (15)
- Explain the basic features of the Constitution of Nepal (2015). (15)
- Short notes: (a) Muluki Ain 1854; (b) Panchayat constitution; (c) 16-point agreement; (d) Secularism in the 2015 Constitution. (4×5)
📚 Get the complete notes: Download the full Constitutional Law-II PDF (all units) — Law Info Nepal Original Notes Series.
