Implementation of Federalism in Nepal: The Devil is in the Detail

Title
Implementation of Federalism in Nepal: The Devil is in the Detail
Publication Date
2022-12-20
Author(s)
Smith, Robert Brian
( author )
OrcID: https://orcid.org/0000-0002-3369-1106
Email: rsmit242@myune.edu.au
UNE Id une-id:rsmit242
Smith, Nucharee Nuchkoom
Type of document
Journal Article
Language
en
Entity Type
Publication
Publisher
Universitas Negeri Semarang, Faculty of Law
Place of publication
Semarang, Indonesia
DOI
10.15294/lesrev.v6i1.54437
UNE publication id
une:1959.11/53861
Abstract

After a long period of instability, Nepal adopted a new Constitution in 2015, creating a multiparty federal republic. Previously Nepal had been a unitary state, albeit with a long period of political instability and insurgencies. In 2017 the two competing communist parties merged to form the ruling Nepal Communist Party (NCP), which operated with a 2/3rd majority in the House of Representatives. The implementation of federalism has been slow and uneven. Despite assurances to the contrary, the government’s response to the COVID-19 pandemic has been lacking, with Constitutional obligations ignored. The machinations of the then Prime Minister have exacerbated this, apparently supported by the President to overcome constitutional norms to keep the Prime Minister in power. The paper analyses the devolution of powers to the provincial and local levels described in the constitution. There have been successes and failures. There appeared to be a concerted effort from the federal parliament and some in the bureaucracy to continue to centralize power. This early inaction has hindered its response to the pandemic. Of even more concern is the then prime minister's role as he sought to maintain his hold on power by ignoring the provisions of the Constitution.

Link
Citation
Lex Scientia Law Review, 6(2), p. 223-264
ISSN
2598-9685
2598-9677
Start page
223
End page
264
Rights
Attribution-NonCommercial-ShareAlike 4.0 International

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