KATHMANDU, Sept 19: Nepal’s Constitution, promulgated by the Constituent Assembly 11 years ago, has yet to be fully implemented, with institutional gaps, unresolved federal disputes and political instability continuing to fuel debate over its amendment.
The Constitution was promulgated on September 20, 2015, transforming Nepal from a unitary monarchy into a federal democratic republic. However, political upheavals, economic burdens and a centralized mindset have repeatedly put the constitutional system under strain. Several mechanisms envisioned by the Constitution remain either inactive or incomplete, while a number of laws required for its implementation have yet to be enacted.
Analysts say that although Nepal’s Constitution is regarded as one of the world’s progressive constitutional documents, its implementation has remained weak.
The inter-provincial council and the provincial coordination council, which are intended to help resolve disputes and improve coordination among the federal, provincial and local governments, have failed to meet regularly. Constitutional commissions for women, Dalits, indigenous nationalities, Madheshis, Tharus and Muslims have also been unable to perform their expected roles for years. Some positions remain vacant, while others have been reduced to nominal institutions because of a lack of resources and necessary laws.
The federal civil service, including provisions for proportional and provincial structures, and provincial police organizations have yet to be fully established. The body responsible for distributing resources and revenue among the three levels of government has also remained weak because of manpower shortages. Judicial committees at the local level and mechanisms to implement fundamental rights, including the rights to housing, food, education and healthcare, also remain incomplete.
Constitutional expert Dr Bhimarjun Acharya says the Constitution cannot implement itself and that state institutions and governments must play an effective role in putting it into practice. “The Constitution becomes beautiful and effective through judicial interpretation and implementation,” he said.
Acharya believes the implementation of the Constitution has also been affected by the exclusion of certain issues under the strength of a two-thirds majority during its drafting and by geopolitical factors. He said geopolitical powers could seek to maintain instability in Nepal by dividing society, making internal cooperation among political parties important to prevent such developments.
“People think political stability brings constitutional stability, but it is the other way around. Only constitutional stability can bring political stability,” he said.
He also warned that opening the Constitution for amendment during a fluid political situation could make the process difficult to control and create a risk of dismantling existing structures without reaching a new consensus.
Nepali Communist Party leader Barshaman Pun also said internal national unity is essential to protect Nepal’s independence in a multipolar world order. He warned that attempts to amend or rewrite the Constitution by attacking its fundamental features could push the country back into conflict.
The Constitution was promulgated after a lengthy process and an expenditure of Rs 40 billion. Of the 598 members of the Constituent Assembly at the time, 537, or 84.78 percent, signed the Constitution. Although 61 members, including Madhesh-based and other dissatisfied representatives, did not sign it, they later participated in activities conducted under the Constitution.
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While the political aspects of federalism have been implemented, analysts warn that the system could fail if its administrative and economic aspects remain incomplete.
Nepal has already held three elections for the federal government and two each for provincial and local governments. However, the federal and provincial governments have remained unstable, prompting experts to warn that the system itself could face a crisis if reforms are not introduced.
Some argue that the mixed electoral system, combining first-past-the-post and proportional representation, has contributed to instability because no single party has been able to secure a majority to form a government. Discussions have therefore included raising the electoral threshold and introducing a directly elected executive.
Nilamber Acharya, who chaired the constitutional committee of the First Constituent Assembly, said political parties should review their own conduct rather than blame the Constitution.
He said the current situation had resulted from political parties being capable of leading movements but unable to govern effectively. “Based on whether the first practice was right or wrong, it may be appropriate to amend one or two provisions of the Constitution, but the priority now should be implementation rather than amendment,” he said.
He also cautioned against affecting the Constitution’s basic structure during a sensitive period. “The Constitution’s clothing can be changed, but its body should not be altered,” he said.
Acharya said the election held on March 5 had disproved the earlier assumption that no single party could secure a majority in parliament to form a government.
Analysts say that although the Constitution guarantees rights to employment, education, healthcare and social justice, citizens have yet to experience these guarantees fully in their daily lives.
Rising prices, unemployment, corruption and dissatisfaction with public services have increased frustration among young people. Analysts say the large number of young people seeking foreign employment is also linked to the failure to translate constitutional guarantees into practice.
Constitutional lawyer Purna Man Shakya said serious problems could arise if one generation that created the Constitution fails to pass its ownership and responsibility to the next generation.
“One generation made a federal Constitution, but the next generation does not appear to be able to carry it forward. This could create a major problem. How one generation made the Constitution and how its ownership and responsibility are transferred to the next generation is important. If the constitutional drafting process and its fundamental spirit cannot be passed on to the next generation, the Constitution itself could face a crisis. Therefore, the new generation must embrace the Constitution and take ownership and responsibility for it,” Shakya said.
Amendment debate gains momentum
Amid the ongoing debate over constitutional amendment, a task force formed by the government to hold discussions on constitutional amendment has already submitted its report. The task force was coordinated by Prime Minister’s adviser Asim Shah.
The Nepali Congress (NC) did not participate in the task force, representatives of the CPN-UML did not attend, and representatives of other parties that initially joined the task force later withdrew. The amendment process has therefore become contentious in the absence of consensus among the political parties.
The NC has demanded the formation of a constitutional amendment recommendation commission under the leadership of a retired chief justice of the Supreme Court.
The task force has recommended amendments to 245 of the Constitution’s 308 articles.
Constitutional lawyers say the task force’s recommendations amount to rewriting rather than amending the Constitution and could put achievements such as federalism and republicanism at risk.
Following the Gen Z Movement, Gen Z activists boycotted discussions called by the government, saying that the 10-point agreement reached between the government and Gen Z representatives had not been fully implemented and that the process was being conducted unilaterally.
Earlier, the seven-point agreement reached between the NC and UML in July 2024 had also included constitutional amendment. Its main basis was a review and adjustment considered necessary for political stability. However, the process failed to move forward due to the lack of a concrete framework and continued political upheavals.
Since the Constitution was promulgated, Madhesh-based parties, Tharu communities and indigenous nationalities have been demanding amendments over issues including boundaries and representation. The Constitution has already been amended twice.
According to leaders of the ruling Rastriya Swatantra Party, demands for amendment have also included reforming the electoral system, reducing the 275-member Federal Parliament and 550-member provincial assemblies, and reviewing the costly structure of the seven provinces.
Laws remain major hurdle
The Ministry of Law, Justice and Parliamentary Affairs and a National Assembly subcommittee had identified the need for 181 new laws to fully implement the Constitution—151 at the federal level, 24 at the provincial level and six at the local level. Of these, 40 were placed on the list of laws considered immediately necessary. They have yet to be fully enacted.
According to the Federal Parliament Secretariat, only 149 laws have been enacted in the 11 years since the Constitution was promulgated. Other bills became inactive following the dissolution of parliament. Around two dozen bills are currently under consideration.
Experts say delays in enacting key umbrella laws, including the Federal Civil Service Act, Police Act and Education Act, have affected the administrative capacity of provincial and local governments. Disputes among the three levels of government have continued over police deployment, employee management and authority over education.
Disputes over the division of powers, resources and responsibilities among the three levels of government also persist.
Provincial governments have repeatedly complained that sufficient powers and resources have not been transferred from the federal government, while local governments have also been seeking continued coordination over education, police, natural resources and fiscal powers.
Although Article 232 of the Constitution defines relations among the three levels of government on the basis of cooperation and coordination, disputes over the interpretation of jurisdictions and distribution of resources remain unresolved.
The Constitution guarantees 31 fundamental rights to citizens, but ensuring them in practice remains a challenge.
According to the Ministry of Law, Article 37 guarantees the right to housing, while Article 40 provides for land for landless Dalits. However, progress in implementing these provisions remains limited.
The Right to Housing Act, 2018, still lacks the necessary regulations and institutional mechanisms for effective implementation. As a result, the constitutional commitment to provide housing to landless Dalits and squatters has yet to be fully translated into practice.
