Interim Constitution of Nepal

Interim Constitution of Nepal The Interim Constitution of Nepal was a transitional constitutional text promulgated in 2007 to replace the 1990 Constitution during a peace process that followed the Nepalese Civil War and the 2006 Loktantra Andolan (2006) movement. It provided a legal framework for integrating the Communist Party of Nepal (Maoist) into the political mainstream, restructuring institutions such as the Monarchy of Nepal, the Pratinidhi Sabha, and the Rastriya Sabha, and setting deadlines for a Constituent Assembly tasked with drafting a permanent constitution. The text mediated among actors including the Nepali Congress, the Communist Party of Nepal (Unified Marxist–Leninist), the Seven Party Alliance, and international facilitators like the United Nations and the South Asian Association for Regional Cooperation.

Background

After the signing of the Comprehensive Peace Accord (2006) between the Government of Nepal (2006) and the Communist Party of Nepal (Maoist) leaders including Pushpa Kamal Dahal and Bamdev Gautam, negotiators from the Seven Party Alliance and the Monarchy of Nepal agreed to suspend provisions of the 1990 Constitution. Political actors such as Girija Prasad Koirala, Sher Bahadur Deuba, Madhav Kumar Nepal, and representatives from the Royal Palace engaged with mediators from the United Nations Mission in Nepal and envoys from neighboring states like India and China to craft an interim legal order. Pressure from civil society groups including Nepal Bar Association, All Nepal National Free Students' Union, and human rights organizations such as Amnesty International and the Human Rights Watch influenced provisions on rights, representation, and the status of the Monarchy of Nepal amid calls for republican reform.

Promulgation and Key Provisions

The Interim Constitution was promulgated by the interim legislature formed under leaders including Girija Prasad Koirala and endorsed by representatives from the Communist Party of Nepal (Maoist) led by Pushpa Kamal Dahal. It suspended certain articles of the 1990 Constitution while affirming fundamental rights recognized by instruments like the Universal Declaration of Human Rights and commitments under the International Covenant on Civil and Political Rights. Key provisions included abolition of the King of Nepal's executive powers, redefinition of the Constituent Assembly of Nepal election timetable, provisions for integration and rehabilitation of Royal Nepal Army combatants associated with the Nepalese Civil War, reservation and representation measures for groups such as the Dalit community, indigenous Adivasi Janajati groups, and women activists linked to organizations like the All Nepal Women's Association (Socialist). The document recognized Nepal's obligations under treaties such as the Geneva Conventions and set electoral rules affecting parties like the Rastriya Janamorcha and Madhesi Jana Adhikar Forum.

Political Impact and Implementation

Implementation required coordination among institutions including the interim Council of Ministers (Nepal), the Election Commission of Nepal, and Nepalese judiciary organs such as the Supreme Court of Nepal. The Interim Constitution enabled the Constituent Assembly elections that mobilized parties including the Nepali Congress, the Communist Party of Nepal (Unified Marxist–Leninist), the Communist Party of Nepal (Maoist), and regional lists like Madhesi Janaadhikar Forum. International actors such as the United Nations, the European Union, and donor agencies from Japan and United States provided technical assistance for voter registration and verification of former combatants in cantonments overseen by the United Nations Mission in Nepal. The pause of royal prerogatives allowed figures like Gyanendra of Nepal to be sidelined while political leaders negotiated power-sharing, federal arrangements, and transitional justice mechanisms influenced by panels such as the Truth and Reconciliation Commission (Nepal).

Amendments and Legal Challenges

The Interim Constitution underwent amendments driven by parliamentary resolutions and consensus among the Seven Party Alliance and the Communist Party of Nepal (Maoist). Legal challenges were adjudicated by the Supreme Court of Nepal, where litigants including human rights activists, leaders of the Nepal Bar Association, and parties such as the Rastriya Prajatantra Party contested provisions on citizenship, representation, and the status of the Monarchy of Nepal. Disputes over electoral rolls, proportional representation formulas, and reservation quotas produced parliamentary amendments and negotiated settlements involving delegations to forums like the South Asian Association for Regional Cooperation and bilateral talks with India and China. Transitional justice statutes and reintegration protocols provoked submissions to international bodies including the International Commission of Jurists.

Role in Transition to the 2007/2015 Constitutions

The Interim Constitution served as the legal bridge to the Constituent Assembly elections that led to the 2008 declaration of a Federal Democratic Republic of Nepal and subsequent constitution-making processes culminating in the 2015 Constitution promulgated by the Constituent Assembly and leaders such as Sushil Koirala and Khadga Prasad Sharma Oli. Provisions on federalism, secularism, and inclusion debated under the Interim framework influenced clauses in the 2015 text concerning provinces, the President of Nepal, and the structure of the Pratinidhi Sabha. The transitional arrangements also affected implementation of international recommendations from entities like the United Nations Human Rights Council and shaped ongoing debates involving parties like the Nepali Congress and the Communist Party of Nepal (Unified Socialist) over constitutionalism, human rights, and the role of constitutional courts.

Category:Constitutions of Nepal