Constitutional System of Nepal

Mara Malagodi is Reader in Law at Warwick Law School, UK.

• Introduction I. The Constitution of Nepal and Its Promise of Inclusion2. Contextual Approach to Nepal’s Constitutional Autochthony 3. Intersectional Inequalities and Nepal’s Constitution 4. Scope of the Book5. Brief Outline of the ChaptersPart One: Historical Overview1. Introduction2. Pre-1990 Constitutional Developments2A. The Shah Period (1769-1846) 2B. The Rana Regime (1846-1951)2C. The Democratic Interlude (1951-1960)2D. The Panchayat Period (1960-1990)3. 1990 Constitutional Developments4. Post-Conflict Constitutional Settlement: The 2007 Interim Constitution5. Election and Life of the First Constituent Assembly6. Dissolution of the First Constituent Assembly7. Conclusions: Finalising Nepal’s 2015 ConstitutionPart Two: Identity Politics and Nepal’s State Structure1. Introduction2. Identity Politics and Constitutional Change3. Definition of the State and the Nation4. Citizenship Provisions and Gender-Based Discrimination5. Federal Debates in Nepal6. Federal Structure7. The Second Tier: Provincial Government8. The Third Tier: Local Government 9. Identity Politics and Nepal’s New Constitutional Settlement10. ConclusionsPart Three: The Executive1. Introduction2. From King to President3. Government Formation, Cabinet, and Attorney General4. Responsibility to Parliament, Parliament Dissolution, and Watchdog Bodies5. Nepal’s Civil Service, Security Forces, and Emergency Powers6. ConclusionsPart Four: Parliament1. Introduction2. Federal Parliament and Provincial Legislatures: Composition and Quotas3. Election Commission, Elections, and Political Parties in Nepal4. Powers and Features of the Federal Parliament5. Legislative and Financial Procedure6. ConclusionsPart Five: The Judiciary1. Introduction2. Nepal’s Court Structure3. Judicial Appointments, Working Conditions, and Impeachment3A. Judicial Appointments, Constitutional Bodies, and Parliamentary Oversighti. Constitutional Bodiesii. Parliamentary Hearing Committee (PHC)iii. Judicial Appointments and Socio-Cultural Diversity3B. Working Conditions of the Judges3C. Judicial Impeachment4. Powers and Jurisdiction of the Supreme Court and High Courts5. Relationship Between Supreme Court and Political Branches6. ConclusionsPart Six: Fundamental Rights1. Introduction2. Fundamental Rights between Individual and Groups Rights2A. Right to Equality and Right to Social Justice2B. Right against Untouchability and Discrimination and Right of Dalits2C. Right to Religious Freedom3. Social Rights under the 2015 Constitution4. Social Inclusion, Directive Principles, Policies, and Responsibilities of the State, and 4th Branch Institutions5. Case Studies on Gender Constitutionalism: SRHR and LGBTQI+ Rights6. ConclusionsPart Seven: Constitutional Change and Continuities1. Gen Z and Constitutional Reform2. Amendment Procedure3. Constitutional Change and Continuities4. Conclusions