Constitutional issues: Nepal

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This is a collection of articles archived for the excellence of their content.

2015: New constitution, Nepal

Time, Sept. 17, 2015

Rishi Iyengar

Nepal has finally passed a new constitution after years of political turmoil

The landlocked Himalayan nation’s parliament passed the constitution with 507 out of 601 members of its Constituent Assembly voting in favor, Agence France-Presse reported.

The new charter replaces an interim constitution that has governed the country since 2007, when a decadelong civil war culminated in the end of its Hindu monarchy. Since then, rival political parties have been at loggerheads over the document’s details, a disagreement that dragged on for years until the devastating earthquake of 2015 that claimed nearly 9,000 lives prompted a hasty reconciliation. The constitutional logjam was widely blamed for the delay in mobilizing rescue efforts, prompting the country’s three leading political stakeholders — the formerly antigovernment Maoists, the main communist party UML and the Nepali Congress — to begin the drafting process in June.

The constitution has not been without controversy, however, with the decision to divide the country into seven distinct provinces sparking protests that claimed at least 40 lives in recent weeks. Critics of the bill say the divisions will further marginalize Nepal’s ethnic minorities like the Tharu and Madhesi communities. A clause that increases barriers to Nepali children automatically acquiring their mothers’ citizenship has also been criticized as backward.

“Ownership of the document is important,” Lok Raj Baral, executive chairman of the Nepal Centre for Contemporary Studies, told AFP. “Even if it is a minority that does not accept it, the parties have to take an initiative to address the disgruntled elements.”

The general reaction, however, has been one of relief and positivity, with loud cheers reportedly breaking out in the assembly when Speaker Subash Nembang announced the passage of the bill.

“It is an issue of pride for all Nepalis that the people’s constitution has been passed from the Constituent Assembly,” Nepal’s Prime Minister Sushil Koirala tweeted.

Koirala has announced that he will step down once the constitution is in place, paving the way for a new government to take over.

Salient features of the new constitution

Kathmandu Post

2015: Secularism retained

The Times of India, Sep 15 2015

Kathmandu

Nepal rejects Hindu nation proposal, to stay secular

Nepal's Constituent Assembly has rejected calls to remove the key term secularism from the new Constitution and revert the Himalayan nation to a Hindu state, triggering protests by Hindu activists. As the Constituent Assembly resumed voting on individual articles of the Constitution draft, more than two-thirds of the lawmakers rejected the amendment proposal to make Nepal a Hindu state and reaffirmed that it will remain a secular nation.

The proposal was made by Rastirya Prajatantra Party (RPP) Nepal or National Democratic Party Nepal, a pro-Hindu group, which demanded that secularism be removed from the Constitution in the Article 4 and Hindu state be mentioned instead. RPP's Kamal Thapa demanded split voting, the Himalayan Times reported. Thapa's call received the support of only 21 lawmakers in the 601-seat Assembly .

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