Government and Political Conditions

A 10-year Maoist insurgency--punctuated by cease-fires in 2001, 2003, 2005, and 2006--began in 1996. After King Gyanendra announced the reinstatement of Parliament on April 24, 2006, the Maoists declared a 3-month unilateral cease-fire on April 26, 2006 which the new Koirala government reciprocated on May 3, 2006. The Seven-Party Alliance (SPA) and the Maoists signed five agreements, culminating in the comprehensive peace agreement of November 21, 2006, effectively ending the insurgency. However, Maoist violence and intimidation continued in spite of the agreement.


The main agenda of the SPA and the Maoists was to hold a Constituent Assembly (CA) election, with the primary responsibility of drafting and promulgating a new constitution defining the future political system in Nepal. The interim constitution, adopted on January 15, 2007, expressed full commitment to democratic ideals and norms, including competitive multi-party democracy, civil liberties, fundamental human rights, adult enfranchisement, periodic elections, press freedom, an independent judiciary, and the rule of law. The interim constitution also guaranteed the basic rights of Nepali citizens to formulate a constitution for themselves and to participate in the Constituent Assembly in an environment free from fear. The interim constitution transferred all powers of the King as head of state to the prime minister and stripped the King of any ceremonial constitutional role. Under the interim constitution, the fate of the monarchy was to be decided by the first meeting of the Constituent Assembly. The interim Parliament was a unicameral house.


After promulgation of the interim constitution, many socially marginalized ethnic communities, including the Madhesis of the lowland Terai, began widespread protests against the proposed proportional representation system incorporated in the new constitution. Bandhs and protests sometimes turned violent, with clashes between police and demonstrators leading to dozens killed and injured. The government eventually agreed to increase the number of directly elected representatives from the Terai and implement quotas ensuring representation of women, Madhesis, janajatis, and other discriminated groups. Constitutional amendments regarding representation were adopted in March and June 2007. (The government signed further agreements with Madhesi and janajati groups agreeing to inclusion in government bodies and institutions as well as commitment to address other issues in August 2007, but these have yet to be fully implemented.


Five Maoist ministers were appointed to the Nepali Congress-led cabinet on April 2007. The ministers submitted their resignations on September 18, 2007 over the issue of declaring Nepal a republic and adoption of fully proportional representation system for the Constituent Assembly (CA) election. After compromise agreements on these issues were reached--having the Interim Parliament declare Nepal a republic but letting the CA implement the measure, and adoption of a mixed electoral system, the constitution was amended again and the Maoist ministers were reinducted on December 31, 2007


Twice deferred, Nepal's historic Constituent Assembly (CA) election was finally held on April 10, 2008. None of the parties succeeded in getting a simple majority in the CA. The Communist Party of Nepal (Maoist) won 218 out of 575 elected seats, followed by the Nepali Congress with 109 seats, the Communist Party of Nepal (United Marxist Leninist) with 103 seats, and the Terai-based Madhesi People's Rights Forum with 50 seats. Six constituencies needed to hold by-elections, five due to one candidate having won two directly elected seats and one due to the newly elected President resigning his seat. The appointed seats were distributed across the parties in the following manner CPN-M 9, NC 5, UML 5, MPRF 2, SP 1, CPN-Marxist Leninist 1, People’s Front Nepal 1, Nepal Workers an d Peasants Party 1, and TMDP 1.


The final list of members elected under the proportional representation system was released on May 8, 2008. The members of the Constituent Assembly were sworn in on May 27, 2008, and the first session of the CA was convened on May 28, 2008. In this session, the CA voted to declare Nepal a federal democratic republic by abolishing the monarchy. Out of 564 members of the CA who voted, 560 voted in favor and 4 against the motion


While the CA has the prime responsibility of drafting a new constitution for Nepal, it also functions as a regular Parliament. Through the fourth amendment to the interim constitution of Nepal on May 28, 2008, the CA also established, for the first time, a largely ceremonial President as the constitutional head of state, as well as a Vice President. The Prime Minister continues to be the head of the government.

Glance of Nepal