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Thursday, November 24, 2016

Politics of Nepal

Nepal has seen rapid political changes during the last two decades.Up until 1990, Nepal was a monarchy under executive control of the King.Faced with a communist movement against absolute monarchy, King Birendra, in 1990, agreed to a large-scale political reform by creating a parliamentary monarchy with the king as the head of state and a prime minister as the head of the government.

Nepal's legislature was bicameral, consisting of a House of Representatives called the Pratinidhi Sabha and a National Council called the Rastriya Sabha. The House of Representatives consisted of 205 members directly elected by the people. The National Council had 60 members: ten nominated by the king, 35 elected by the House of Representatives, and the remaining 15 elected by an electoral college made up of chairs of villages and towns. The legislature had a five-year term but was dissolvable by the king before its term could end. All Nepali citizens 18 years and older became eligible to vote.

The executive comprised the King and the Council of Ministers (the cabinet). The leader of the coalition or party securing the maximum seats in an election was appointed as the Prime Minister. The Cabinet was appointed by the king on the recommendation of the Prime Minister. Governments in Nepal tended to be highly unstable, falling either through internal collapse or parliamentary dissolution by the monarch, on the recommendation of the prime minister, according to the constitution; no government has survived for more than two years since 1991.

The movement in April 2006 brought about a change in the nation's governance: an interim constitution was promulgated, with the King giving up power, and an interim House of Representatives was formed with Maoist members after the new government held peace talks with the Maoist rebels. The number of parliamentary seats was also increased to 330. In April 2007, the Communist Party of Nepal (Maoist) joined the interim government of Nepal.

In December 2007, the interim parliament passed a bill making Nepal a federal republic, with a president as head of state. Elections for the constitutional assembly were held on 10 April 2008; the Maoist party led the results but did not achieve a simple majority of seats.The new parliament adopted the 2007 bill at its first meeting by an overwhelming majority, and King Gyanendra was given 15 days to leave the Royal Palace in central Kathmandu. He left on 11 June.

On 26 June 2008, the prime minister Girija Prasad Koirala, who had served as Acting Head of State since January 2007, announced that he would resign on the election of the country's first president by the Constituent Assembly. The first round of voting, on 19 July 2008, saw Parmanand Jha win election as Nepali vice-president, but neither of the contenders for president received the required 298 votes and a second round was held two days later. Ram Baran Yadav of the Nepali Congress party defeated Maoist-backed Ram Raja Prasad Singh with 308 of the 590 votes cast.Koirala submitted his resignation to the new president after Yadav's swearing-in ceremony on 23 July 2008.

On 15 August 2008, Maoist leader Prachanda (Pushpa Kamal Dahal) was elected Prime Minister of Nepal, the first since the country's transition from a monarchy to a republic. On 4 May 2009, Dahal resigned over on-going conflicts with regard to the sacking of the Army chief. Since Dahal's resignation, the country has been in a serious political deadlock with one of the big issues being the proposed integration of the former Maoist combatants, also known as the People's Liberation Army, into the national security forces.After Dahal, Jhala Nath Khanal of CPN (UML) was elected the Prime Minister. Khanal was forced to step down as he could not succeed in carrying forward the Peace Process and the constitution writing. On August 2011, Maoist Babu Ram Bhattarai became third Prime Minister after the election of constituent assembly.On 24 May 2012, Nepals's Deputy PM Krishna Sitaula resigned.On 27 May 2012, the country's Constituent Assembly failed to meet the deadline for writing a new constitution for the country. Prime Minister Baburam Bhattarai announced that new elections will be held on 22 November 2012. "We have no other option but to go back to the people and elect a new assembly to write the constitution," he said in a nationally televised speech. One of the main obstacles has been disagreement over whether the states which will be created will be based on ethnicity.

Nepal is one of the few countries in Asia to abolish the death penalty. Nepal is the only Asian country where the possibility of same-sex marriage has been proposed in the high court and in the legislature although same-sex marriage currently does not exist in Nepal (see also LGBT rights in Nepal and Same-sex marriage in Nepal). The decision was based on a seven-person government committee study, and enacted through Supreme Court's ruling November 2008. The ruling granted full rights for LGBT individuals, including the right to marry and now can get citizenship as a third gender rather than male or female as authorized by Nepal's Supreme Court in 2007.

Constitution
Nepal is governed according to the Constitution of Nepal, which came into effect on 20 September 2015, replacing the Interim Constitution of 2007. The Constitution was drafted by the Second Constituent Assembly following the failure of the First Constituent Assembly to produce a constitution in its mandated period. The constitution is the fundamental law of Nepal. It defines Nepal as having multi-ethnic, multi-lingual, multi-religious, multi-cultural characteristics with common aspirations of people living in diverse geographical regions, and being committed to and united by a bond of allegiance to national independence, territorial integrity, national interest and prosperity of Nepal. All the Nepali people collectively constitute the nation.

Government
Entrance to Singha Durbar, the seat of the Nepali government in Kathmandu
The Constitution of Nepal has defined three organs of the government.

Executive
The form of governance of Nepal shall be a multi-party, competitive, federal democratic republican parliamentary system based on plurality.

Federal executive
The executive power of Nepal shall rest with the Council of Ministers in accordance with the Constitution and law.The President shall appoint the parliamentary party leader of the political party with the majority in the House of Representatives as a Prime Minister, and a Council of Ministers shall be formed in his/her chairmanship

Provincial executive
The executive power of the Province shall,pursuant to the Constitution and laws, be vested in the Council of Ministers of the Province.Provided that the executive power of the Province shall be exercised by the Provincial Head in case of absence of the Provincial Executive in a State of Emergency or enforcement of Federal rule. Every province shall have a Provincial Head as the representative of the Federal government.The President shall appoint a Provincial Head for every province. The Provincial Head shall exercise the rights and duties as specified in the constitution or laws. The Provincial Head shall appoint the leader of the parliamentary party with majority in the Provincial Assembly as the Chief Minister and the Provincial Council of Ministers shall be formed under the chair personship of the Chief Minister.

Legislative
Federal legislature
There shall be a Legislature, called Federal Parliament, consisting of two Houses, namely the House of Representatives and the National Assembly.

The House of Representatives
Except when dissolved earlier, the term of House of Representatives shall be five years. The House of Representatives shall consist of 275 members as follows:
165 members elected through the first-past-the-post electoral system consisting of one member from each of the one hundred and sixty five electoral constituencies formed by dividing Nepal into 165 constituencies based on geography, and population.110 elected from proportional representation electoral system where voters vote for parties, while treating the whole country as a single electoral constituency.

The National Assembly
National Assembly shall be a permanent house. The tenure of members of National Assembly shall be six years. The National Assembly shall consist of two 59 members as follows:

56 members elected from an Electoral College comprising members of Provincial Assembly and chairpersons and vice-chairpersons of Village councils and Mayors and Deputy Mayors of Municipal councils, with different weights of votes for each, with eight members from each province, including at least three women, one Dalit, one person with disability or minority;
3 members, including at least one woman, to be nominated by the President on the recommendation of Government of Nepal.

Provincial legislature
There shall be a unicameral legislature in a province which shall be called the Provincial Assembly. Every Provincial Assembly shall consist of the following number of members:

Members equal to double the number of members to be elected through the first-past-the-post (FPTP) election system to the House of Representatives from the concerned province,
The number of members to be elected through the Proportional Representation (PR) election system equal to the number equivalent to the remaining forty per cent when the number of members from FPTP is regarded as sixty per cent.

Judiciary
Powers relating to justice in Nepal shall be exercised by courts and other judicial institutions in accordance with the provisions of this Constitution, other laws and recognized principles of justice. There shall be the following courts in Nepal:


  • Supreme Court
  • High Courts
  • District Courts

Foreign relations of Nepal

Embassy of Nepal in Washington, D.C.
Nepal has close ties with both of its neighbors, India and China. In accordance with a long-standing treaty, Indian and Nepali citizens may travel to each other's countries without a passport or visa. Nepali citizens may work in India without legal restriction. The Indian Army maintains seven Gorkha regiments consisting of Gorkha troops recruited mostly from Nepal.
However, in the years since the Government of Nepal has been dominated by socialists, and India's government has been controlled by more right-wing parties, India has been remilitarizing the "porous" Indo-Nepali border to stifle the flow of Islamist groups.

Nepal established relations with the People's Republic of China on 1 August 1955, and relations since have been based on the Five Principles of Peaceful Coexistence. Nepal has aided China in the aftermath of the 2008 Sichuan earthquake, and China has provided economic assistance for Nepali infrastructure. Both countries have cooperated to host the 2008 Summer Olympics summit of Mt. Everest.Nepal has assisted in curbing anti-China protests from the Tibetan diaspora.

Military
Nepalese Armed Forces

Gurkha Memorial, London
Nepal's military consists of the Nepali Army, which includes the Nepali Army Air Service. The Nepali Police Force is the civilian police and the Armed Police Force Nepal is the paramilitary force. Service is voluntary and the minimum age for enlistment is 18 years. Nepal spends $99.2 million (2004) on its military—1.5% of its GDP. Much of the equipment and arms are imported from India. Consequently, the US provided M16s, M4s and other Colt weapons to combat communist (Maoist) insurgents. The standard-issue battle rifle of the Nepali army is the Colt M16.

In the new regulations by Nepali Army, female soldiers have been barred from participating in combat situations and fighting in the frontlines of war. However, they are allowed to be a part of the army in sections like intelligence, headquarters, signals and operations.


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