This book systematically analyzes why constitutions do not survive in Nepal, despite sixty years of constitutional history. The author discusses the epistemology of ethnic federalism in Nepal and examines the challenges of nation building and post-nation constitutionalism. The work addresses the connection between ethnic identity, right to self-determination, constitution making and state restructuring, offering possible ways forward for Nepal. Chapters consider lessons to be drawn from the past and examine reasons for the abolition of monarchy in Nepal. The book highlights the major problems that the first elected Constituent Assembly (CA) faced in promulgating a new constitution, before it was dissolved in 2012. The concept of right to self-determination and its complexities at the domestic level are all explored, along with ways forward to address the problem of constitutionalism, ethnic federalism and democracy. The author offers solutions as to how the second CA could address problems to promulgate a new constitution. The book elaborates on the role that constitutionalism plays in constitution making and the survival of a constitution. Scholars of politics and international studies, policy makers and those with an interest in law and constitution in Asia will all find this work of interest.

Document from the year 2017 in the subject Politics - Topic: Peace and Conflict, Security, South Asian University (Department of International Relations), course: Conflict Transformation and Peace Building, language: English, abstract: Nepal, with the adoption and enforcement of a new constitution in 2015, entered into a new phase of development. The constitution adopted in September 2015 is the seventh constitution in Nepal. The constitution-making process has been a complex in Nepal. Nepal had to undergo several political turbulences and transformation before adopting this new constitution. The field report and the research paper aims to look into Nepal’s constitution-making process historically and understand and explain this process. In the process, it also will look at the concerns of Madhesis with regard to the constitution-making process and their representation in it. This research paper is broadly divided into two parts, the first part looks into the literature and provides the review of the literature that has looked into the aforementioned topic. The second part is the field report, wherein, through interviews, the first-hand accounts of people are collected and analyzed.

Can Nepal stand apart from the turbulence of the modern world and develop politically and economically by transforming itself into a Zone of Peace? This book offers a comprehensive analysis of the question as neighboring Asian giants India and China make the region ever more important.

Providing a comprehensive critique of the Constitution adopted in 1990, this book identifies it as an important factor in the exclusion of various ethnic and minority groups. It examines the causes for the lack of democratic consolidation in Nepal and outlines alternative institutions that can give voice to the various socio-cultural groups in the country. Dr Lawoti makes a case for setting up a new Constituent Assembly and for following the principle of self-determination to reform the polity. He also makes several important recommendations for the construction of an inclusive and democratic Nepal.

In this paper we explore the implications of Nepal’s new federal Constitution—passed in September 2015—for governance of the agricultural sector. Agriculture is the backbone of the Nepali economy, providing a livelihood for approximately two-thirds of the population, contributing one-third of the country’s GDP, and constituting more than half of the country’s exports. In transitioning from a unitary to a federal republic—with greater authority and autonomy granted to subnational units of government—it is of paramount importance to ensure that the agricultural sector is guided by coordinated planning, retains sufficient human capacity, and receives adequate fiscal resources. These considerations are particularly important given that the governance of Nepal’s agricultural sector already suffers from poor coordination, low human resources capacity, and inadequate financial resources. Addressing these issues may become more difficult under a federal structure. This paper begins by laying out the main challenges for agricultural governance in Nepal under the current structure. To do so, it relies on an original survey of 100 district agricultural and livestock officers in charge of local agricultural service delivery in Nepal as well as perspectives collected through more than two dozen semi-structured interviews with officials from the Ministry of Agricultural Development, the Ministry of Livestock Development, civil society, the private sector, and donors. Because Nepal is embarking on a pathway to more decentralized governance, which has been well-trodden by a number of other countries, the paper proceeds by examining five case studies, drawing lessons from India, Indonesia, Kenya, Malaysia, and South Africa. Based on these analyses, the paper offers policy recommendations on how the sector can be restructured to meet the constitutional provisions, while simultaneously ensuring that the government can deliver on its long-term objectives to develop the agricultural sector.

The most important task of constitution-making is the building of consensus, and developing a framework for coexistence and cooperation among communities, based on social justice, values and national identity. There is an earnest desire among the peoples of Nepal that their political leaders should come to a consensus and take the peace process forward and not squander this historic opportunity.