British India's Relations with the Kingdom of Nepal During Maddock
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Federalism Is Debated in Nepal More As an ‘Ism’ Than a System
The FEDERALISM Debate in Nepal Post Peace Agreement Constitution Making in Nepal Volume II Post Peace Agreement Constitution Making in Nepal Volume II The FEDERALISM Debate in Nepal Edited by Budhi Karki Rohan Edrisinha Published by United Nations Development Programme (UNDP) Support to Participatory Constitution Building in Nepal (SPCBN) 2014 United Nations Development Programme (UNDP) Support to Participatory Constitution Building in Nepal (SPCBN) UNDP is the UN’s global development network, advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. United Nations Development Programme UN House, Pulchowk, GPO Box: 107 Kathmandu, Nepal Phone: +977 1 5523200 Fax: +977 1 5523991, 5523986 ISBN : 978 9937 8942 1 0 © UNDP, Nepal 2014 Book Cover: The painting on the cover page art is taken from ‘A Federal Life’, a joint publication of UNDP/ SPCBN and Kathmandu University, School of Art. The publication was the culmination of an initiative in which 22 artists came together for a workshop on the concept of and debate on federalism in Nepal and then were invited to depict their perspective on the subject through art. The painting on the cover art titled ‘’Emblem” is created by Supriya Manandhar. DISCLAIMER: The views expressed in the book are those of the authors and do not necessarily represent the views of UNDP/ SPCBN. PREFACE A new Constitution for a new Nepal drafted and adopted by an elected and inclusive Constituent Assembly (CA) is a key element of the Comprehensive Peace Agreement (CPA) of November 2006 that ended a decade long Maoist insurgency. -
07. Hem Raj Kafle. Prithvi Narayan Shah and Postcolonial Resistance
BODHI: AN INTERDISCIPLINARY JOURNAL Vol. 2, No. 1, Serial No. 2, 2008 ---------------------------------------------------------------------- ---------------------------------------------------------------------- Published by DEPARTMENT OF LANGUAGES AND MASS COMMUNICATION KATHMANDU UNIVERSITY, DHULIKHEL, KAVRE, NEPAL http://www.ku.edu.np/media [email protected] 136 Kafle, Prithvi Narayan Shah ---------------------------------------------------------------------- Prithvi Narayan Shah and Postcolonial Resistance -- Hem Raj Kafle Introduction Nepalese monarchy fell under an inextricable political array after April 2006 as the country took radical directions in the hands of political parties. First, the reinstated parliament declared the country secular in June 2006, which undermined the religious-political significance attributed to Hindu kings. Second , the Maoists successively signed the Comprehensive Peace Accord with the government (November, 2006), and joined the parliament (January, 2007) and the coalition government (March, 2007). Third, the first historic constituent assembly elections took place (April, 2008). Then the constituent assembly declared the country a republic and formally abolished the monarchy (May, 2008). In other words, a collective upsurge of April 2006, which had started to fight monarchy, ended up abolishing in two years. Thereafter the country headed towards a new phase of history with a collective political thrust for restructuration into a federal republic. The project of restructuring the country through the abolition of Shah Dynasty brought into question the historical recognition of the eighteenth-century unification. As a result, the long- established national veneration given to Prithvi Narayan Shah (hereafter P.N. Shah) as the leader of the unification, which Birendra Pandey (2007) frankly calls “the corpse of the grand narrative of the history of Nepal” (p.4), faced immediate public ire. As the Shah Dynasty went through public ire following the Revolution, all its historical roots were threatened and its symbols destroyed. -
The Abolition of Monarchy and Constitution Making in Nepal
THE KING VERSUS THE PEOPLE(BHANDARI) Article THE KING VERSUS THE PEOPLE: THE ABOLITION OF MONARCHY AND CONSTITUTION MAKING IN NEPAL Surendra BHANDARI Abstract The abolition of the institution of monarchy on May 28, 2008 marks a turning point in the political and constitutional history of Nepal. This saga of constitutional development exemplifies the systemic conflict between people’s’ aspirations for democracy and kings’ ambitions for unlimited power. With the abolition of the monarchy, the process of making a new constitution for the Republic of Nepal has started under the auspices of the Constituent Assembly of Nepal. This paper primarily examines the reasons or causes behind the abolition of monarchy in Nepal. It analyzes the three main reasons for the abolition of monarchy. First, it argues that frequent slights and attacks to constitutionalism by the Nepalese kings had brought the institution of the monarchy to its end. The continuous failures of the early democratic government and the Supreme Court of Nepal in bringing the monarchy within the constitutional framework emphatically weakened the fledgling democracy, but these failures eventually became fatal to the monarchical institution itself. Second, it analyzes the indirect but crucial role of India in the abolition of monarchy. Third, it explains the ten-year-long Maoist insurgency and how the people’s movement culminated with its final blow to the monarchy. Furthermore, this paper also analyzes why the peace and constitution writing process has yet to take concrete shape or make significant process, despite the abolition of the monarchy. Finally, it concludes by recapitulating the main arguments of the paper. -
A Study of the Treaty of the First Tibet-Gorkha War of 1789
CHAPTER 7 A Study of the Treaty of the First Tibet-Gorkha War of 1789 Yuri Komatsubara Introduction In 1788, the Gorkha kingdom of Nepal attacked the gTsang district of Tibet and the first Tibet-Gorkha war broke out. Although Tibet concluded a treaty with the Gorkha to end the war in 1789, it failed to pay the reparations to the Gorkhas stipulated in the treaty. Therefore, the Gorkha armies invaded Tibet again in 1791 and the second Tibet-Gorkha war commenced. On that occa- sion, the Qing court sent a large number of troops to attack the Gorkha armies and the war was over the next year. After these wars, the Qing established Article 29 of the imperial regulations for Tibet (欽定蔵内善後章程二十九条) in 1793. It is said that the Qing court became more influential in Tibetan poli- tics after these wars. That is, the first Tibet-Gorkha war provided an oppor- tunity for the Qing to change its political policies regarding Tibet. From the view point of the South Asian relationship, the Tibet-Gorkha war was the first confrontation between Tibet, Nepal and the Qing. In this way, the war was an important event between Tibet, Nepal and China. Nevertheless, the whole text of the treaty of the first Tibet-Gorkha war was unknown for a long time. Sato (1986: 584) noted that, at that time, the entire contents of the treaty of 1789 were completely unknown. Rose (1971: 42) pointed out that this treaty actually consisted of a number of a letters exchanged between the signatories, and that no single, authoritative text existed. -
The Nepal Constitution of 1990: Preliminary Considerations
HIMALAYA, the Journal of the Association for Nepal and Himalayan Studies Volume 11 Number 1 Himalayan Research Bulletin no. 1-3 Article 5 1991 The Nepal Constitution of 1990: Preliminary Considerations Ter Ellingson University of Washington Follow this and additional works at: https://digitalcommons.macalester.edu/himalaya Recommended Citation Ellingson, Ter. 1991. The Nepal Constitution of 1990: Preliminary Considerations. HIMALAYA 11(1). Available at: https://digitalcommons.macalester.edu/himalaya/vol11/iss1/5 This Research Article is brought to you for free and open access by the DigitalCommons@Macalester College at DigitalCommons@Macalester College. It has been accepted for inclusion in HIMALAYA, the Journal of the Association for Nepal and Himalayan Studies by an authorized administrator of DigitalCommons@Macalester College. For more information, please contact [email protected]. THE NEPAL CONSTITUTION OF 1990: PRELIMINARY CONSIDERATIONS Ter Ellingson University of Washington The Nepal constitution of 23 Kartik, 2047 Y.S. (November 9, 1990 A.D.) is a bold attempt to institutionalize the goals of the popular movement of the Spring of 1990. In a dramatic reversal of previous formulations, it places sovereignty in the people and makes the king the symbol of the nation, thus legally transforming the state from an absolute to a constitutional monarchy. It reinstates the system of multiparty democracy absent since the brief democratic experiment of the 19 50s, and presents guarantees of new basic rights. The subsequent completion ofelections and formation of a new Government according to its provisions, even with the problems and conflicts common to such fundamental political restructurings, have provided decisive steps towards transforming it from a theoretical document to a living reality. -
Constituent Assembly Restructuring of the State and Distribution of State Power Committee
Constituent Assembly Restructuring of the State and Distribution of State Power Committee Report on Concept Paper and Preliminary Draft, 2066 Constituent Assembly, Restructuring of the State and distribution of State Power Committee Singha Durbar, Kathmandu Email:[email protected] Website: www.can.gov.np PREFACE The Constituent Assembly, which is the result of numerous struggles of the Nepalese people since a long time, the armed revolution, peaceful movement, People’s War and 19 day People’s Uprising, Madhesh Movement and several movements launched for justice by different groups, ethnic groups and communities, has been continuously carrying out its activities. Clause 66 of Constituent Assembly Regulations 2065 has defined the terms of reference of the Restructuring of the State and Distribution of State Power Committee. Structure of the federal democratic republics of the state Principle and grounds for delineation of federal units, Demarcation of every federal unit and giving them names, Distribution of power between the legislative, executive and judiciary of the different levels of government of federal units, List of the power of different levels of federal units and determine the common list, Determine the inter-relationship between the legislature, executive and judiciary between federal units. Determine the resolution of disputes that may arise between federal units and Other necessary things relating to the work of the Committee. The role played by honorable members and all others is commendable in discussing the issues relating to the role, responsibility and authority of the Committee and working out the timetable, areas requiring experts and collecting the list of experts and for actively participating in the discussion relating to its working areas in various workshops, seminars, interactions and discussion programmes as well as for seeking clarification and additional information from paper presenters and commentators. -
The Constitution of the Kingdom of Nepal, 1959
THE CONSTITUTION OF THE KINDOM OF NEPAL, 1959 PREAMBLE Whereas His late majesty King Tribhuvan Bir Bikram Shah Dev, Father of the Nation and revered descendant of the illustrious King Prithvi Narayan Shah, adherent of Aryan Culture and Hindu religion, having led a Great revolution for the rights and welfare of His subject, earned immortal fame in the history of the world and was firmly resolved to establish real democracy in Nepal by giving fundamental rights to the people; And Whereas we also being firmly resolved to help our subjects to attain all- round progress and achieve the fullest development of their personality; to ensure to them political, social and economic justice; and cement the unity of the nation by bringing about political stability through the establishment of an efficient monarchical form of government responsive to the wishes of the people; And Whereas for the said purpose it is desirable to enact and promulgate a Constitution for the Sovereign Kingdom of Nepal, I, King Mahendra Bir Bikram Shah Deva in the exercise of the sovereign powers pf the Kingdom of Nepal and prerogatives vesting in US in accordance with the traditions and customs of our country and which devolved on US from Our August and Respected forefathers, do hereby enact and promulgate this fundamental law entitled “ The Constitution of the Kingdom of Nepal.” PAT 1 PRELIMINARY 1. The Constitution as the Fundamental Law (1) This Constitution is the fundamental law for Nepal and all laws inconsistent with it, shall, to the extent of the inconsistency, and subject to the provisions of this Constitution, be void. -
NEPALESE BUDDHISTS' VIEW of Hinduisml
46 Occasional Papers Krauskopff, Gis"le and Pamela D. Mayer, 2000. The Killgs of Nepal alld the Tha", of the Tarai. Kirlipur: Research Centre for Nepal and Asian Studies (CNAS). KrnuskoplT, Gis"le, 1999. Corvees in Dang: Ethno-HislOrical Notes, Pp. 47-62, In Harald O. Skar el. al. (eds.), Nepal: Tharu alld Tarai NEPALESE BUDDHISTS' Neighbours. Kathmandu: EMR. VIEW OF HINDUISM l Lowe, Peter, 2001. Kamaiya: Slavery and Freedom in Nepal. Kathmandu: Mandala Book Point in Association with Danish Association for Krishna B. Bhattachan International Cooperalion (MS Nepal). MUller-Boker, Ulrike, 1999. The Chitwall Tharus ill Southern Nepal: All Introduction EthnoecoJogical Approach. Franz Stiner Verlag Stuttgart 0degaard, Sigrun Eide. 1999. Base and the Role of NGO in the Process of Nepal is a multi-caste/ethnic, multi-lingual, multi-cultural and Local and Regional Change, Pp. 63-84, In Harald O. Skar (ed.l. multi-religious country. The Hindu "high castes" belong to Nepal: Tha", alld Tal'lli Neighbours. Kathmandu: EMR. Caucasoid race and they are divided into Bahun/Brahmin, Chhetri/ Rankin, Katharine, 1999. Kamaiya Practices in Western Nepal: Kshatriya, Vaisya and Sudra/Dalits and the peoples belonging to Perspectives on Debt Bondage, Pp. 27-46, In Harald O. Skar the Hill castes speak Nepali and the Madhesi castes speak various (ed.), Nepal: Tharu alld Tarai Neighbours. Kathmandu: EMR. mother tongues belonging to the same Indo-Aryan families. There Regmi, M.C., 1978. Land Tenure and Taxation in Nepal. Kathmandu: are 59 indigenous nationalities of Nepal and most of them belong to Ratna Pustak. Mongoloid race and speak Tibeto-Bumnan languages. -
“Why a Secular Republican Constitution for the Former Last Hindu Kingdom of Nepal?"
“Why a Secular Republican Constitution for the Former Last Hindu Kingdom of Nepal?" presented By Khimlal Devkota Symposium on Constitutional Designs for Diversity and Conflict Jakarta, Indonesia 12-15 Oct.2009 “Why a Secular Republican Constitution for the Former Last Hindu Kingdom of Nepal?" paper presented by Khimlal 1 Devkota :Symposium on Constitutional Designs for Diversity and Conflict Jakarta, Indonesia12-15 Oct.2009 Table of Content Chapter I 1. Background: 2. Fact of Nepal 2.1 Nepal in figure 2.2 Nepal's political Development 2.3 Restoration of Multiparty Democracy 2.4 Maoist Revolution 2.5 Royal massacre Coup 2.6 Peoples movement second 2.7 Maoist in open politics Chapter II 3. What is Secularism? 4. Nepal specific on Secularism 5. Secular state in the world 6. Why Nepal Became a Secular state 6.1 Royal Impunity background for secularism 6.2 Unconstitutional move and Govt.change 7 CA Secularism and Republican 8 Unconstitutional Move change Govt. Chapter III 9. Revolutionary Changes 10. Religious Diversity 11. Effort to address the diversity 12. Secular state and consolidation in Interim constitution 13. Constitution making experience and practice 14. Hindu kingdom was in history of Nepal 15. Nepal-India relation and Hindu Connection 16. Secular state in constitution 17. Ultimately Nepal became secular state 18 Achievement on inclusion of diversities through new arrangement 19 Conclusion 20 References: “Why a Secular Republican Constitution for the Former Last Hindu Kingdom of Nepal?" paper presented by Khimlal 2 Devkota :Symposium on Constitutional Designs for Diversity and Conflict Jakarta, Indonesia12-15 Oct.2009 “Why a Secular Republican Constitution for the Former Last Hindu Kingdom of Nepal?" paper presented by Khimlal 3 Devkota :Symposium on Constitutional Designs for Diversity and Conflict Jakarta, Indonesia12-15 Oct.2009 Chapter I 1. -
Population Monograph of Nepal Volume II
POPULATION MONOGRAPH OF NEPAL VOLUME II (Social Demography) Government of Nepal National Planning Commission Secretariat Central Bureau of Statistics Ramshah Path, Kathmandu, Nepal 2014 Published by Central Bureau of Statistics Ramshah Path, Kathmandu, Nepal Supported by United Nations Population Fund First Edition, 2014 : (2,000 copies) Price: Rs. .............. ISBN : 978-9937-2-8972-6 Printed at: Multi Graphic Press Pvt. Ltd. Phone No. 4274651/9851020809 Disclaimer The views and opinions expressed in this report do not necessarily reflect those of CBS PREFACE The National Population Census 2011 has provided a wealth of information that is required to understand various socio-economic and demographic changes that have occurred in the country during the intervening period of the two censuses. The Population Monograph of Nepal 2014, an analytical report of the census 2011 presented in three volumes contains in-depth analysis of different topics related to the population of the country prepared by the eminent professionals dealing with such issues in their professional work. The first volume contains 12 chapters related to the population dynamics of Nepal, such as size and structure of the population, nuptiality, fertility, mortality, migration and population projections. The second volume contains 10 chapters on social demography dealing with caste/ethnicity, language, ageing, socioeconomic characteristics, status of gender, education, adolescents and youth, children and disability. Similarly, the third volume consists 9 chapters which include important interlinkages of population and economic variable such as economic activities, urbanization, economic development, environment, status of agriculture and other poverty indicators. Data has been disaggregated by caste, ethnicity, gender and spatial distribution wherever possible. -
PROCESS of DEMOCRATIZATION and LINGUISTIC (HUMAN) RIGHTS in NEPAL ∗ Govinda Bahadur Tumbahang
PROCESS OF DEMOCRATIZATION AND LINGUISTIC (HUMAN) RIGHTS IN NEPAL ∗ Govinda Bahadur Tumbahang INTRODUCTION Nepal comprises an area of 147,181 square kilometers, with a length of 850 kilometers from east to west and a mean breadth of 193 kilometers from north to south. Mountain, hill, inner Terai and Terai indicate its varied topography. 103 officially recognized caste and ethnic groups speaking more than 92 languages inhabit in this country. Nepal is a multi-ethnic and multi-lingual nation. However, the policies of one language, one culture and one religion adopted right from Prithvi Narayan Shah merely through Rana rulers to Panchayati rulers merely focused in consolidations power and sustaining dynasty rule deprived ethnic communities of their linguistic, cultural and religious rights. This article presents how ethnic communities were deprived of their linguistic rights and how they are gaining it after the restoration of multi-party democracy in 1990 and after the second people's movement in 2062/63 B.S. LINGUISTIC SUPRESSION The process of linguistic suppression was intensified with the territorial unification of Nepal by Prithvi Narayan Shah. It imposed the Nepali language and Hindu way of life together as the values, customs, traditions and costumes of ruling class on ethnic communities which had distinct languages, cultures and religions and value systems. Prithvi Narayan Shah and his successors based the unity of the country on four fundamental principles: the unquestioned authority and power of the Hindu king of Gorkha, Hindu culture in national life, Hindu social system based on caste hierarchy, and Nepali as the language of administration and education. -
Transition of Nepal from Monarchy to Democracy
IOSR Journal Of Humanities And Social Science (IOSR-JHSS) Volume 23, Issue 2, Ver. 12 (February. 2018) PP 22-27 e-ISSN: 2279-0837, p-ISSN: 2279-0845. www.iosrjournals.org Transition of Nepal From Monarchy To Democracy Harsimran Kaur Research Scholar, Department of Defence & Strategic Studies, Punjabi University Patiala Corresponding Author: Harsimran Kaur Abstract: Nepal is the mid-Himalayan country of South Asia and has its border with India on the South, East & West and China on the North. They are interrelated with each other by all measures, including geography, ethnicity, language, religion, and caste. The two countries not only share an open border and unhindered movement of people but they also have close bonds through marriages and familial ties, which is unique in Asia. They share a long standing, cordial and multi-faceted relationship based on mutual respect and understanding, characterised by open borders, deep-rooted people-to-people contacts and extensive cooperation. Both countries are bound by ancient history, geography, culture, religion and shared values. This present paper is a small effort towards analysing the transition of Nepal from the period of Kingdom to democracy. This paper is an attempt to understand the domestic political scenario that Nepal has experienced with major turmoil and transformation both in the nature of political system as well as in the character of the government. Keywords: Constitution, Democracy, Kingdom, Monarchy, Transition, South Asia. ----------------------------------------------------------------------------------------------------------------------------- ---------- Date of Submission: 14-02-2018 Date of acceptance: 01-03-2018 ------------------------------------------------------------------------------------------------------------------------ --------------- I. INTRODUCTION Nepal is a mid-sized South Asian nation neighboring India and China. It is a greatly dissimilar to other countries by all its measures, including geography, ethnicity, language, religion, and caste.