INDIA AND NEPAL'S PARLIAMENTARY DEMOCRACY
- The process of constitution-making in Nepal, a nation traditionally ruled by a monarchy, has faced numerous challenges. The initial attempt to draft a constitution began with the Government of Nepal Act, 1948, which was the country's first constitutional law.
- In 1951, the Interim Government of Nepal Act was enacted, marking another effort to establish democracy. However, this interim constitution was replaced in 1959 by a new one that introduced a multi-party system. This progress was undone in 1962 with the Panchayat Constitution, which instituted a party-less system under King Mahendra's reign.
- In 1990, a constitutional monarchy was reinstated, reintroducing the multi-party system. Persistent political instability led to the abolition of the monarchy and the adoption of an Interim Constitution in 2007.
- Despite these changes, political unrest persisted, leading to the adoption of the current constitution in 2015, which redefined Nepal as a federal democratic republic.
- The 2015 Constitution established a federal structure with seven provinces, a bicameral parliament, and designated the President as the ceremonial head of state and the Prime Minister as the head of government.
- This constitution also declared Nepal a secular state, guaranteed religious freedom, and enshrined extensive fundamental rights, including socio-economic rights.
- It included affirmative action provisions to promote inclusivity for marginalized groups. The Supreme Court is designated as the final authority on constitutional interpretation, aiming to uphold the rule of law and protect citizens' rights and freedoms.
- Currently, Nepal faces a power struggle among its major political leaders: K P Sharma Oli (Communist Party of Nepal-Unified Marxist Leninist or CPN-UML), Pushpa Kamal Dahal (Maoist Centre), and Sher Bahadur Deuba (Nepali Congress), with various smaller parties seeking alliances with these major factions to form a government.
- Nepal is not unique in South Asia for having a parliamentary democracy; its largest neighbour, India, also follows a similar system of governance
Parliamentary democracy is a system of government in which the executive branch derives its legitimacy and power from the legislature (parliament) and is accountable to it. In this system, the head of government (usually a prime minister) is elected from the legislative branch and is typically the leader of the majority party or coalition in the parliament.
The key features of parliamentary democracy include:
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Legislative Supremacy: The parliament is the supreme law-making body, and the executive is accountable to it. The government must maintain the confidence of the majority in the parliament to stay in power.
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Dual Executive: There is a distinction between the head of state and the head of government. The head of state (such as a monarch or president) often has a ceremonial role, while the head of government (prime minister) is responsible for running the government.
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Collective Responsibility: The cabinet, composed of ministers headed by the prime minister, operates on the principle of collective responsibility. This means all members of the cabinet are collectively accountable to the parliament for the government's actions and policies.
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Fusion of Powers: Unlike a presidential system where there is a clear separation of powers, in a parliamentary system, the executive and legislative branches are interconnected. Members of the executive (prime minister and cabinet) are also members of the parliament.
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Flexible and Accountable Governance: The government can be dismissed through a vote of no confidence in the parliament, which ensures that the executive remains responsive and accountable to the legislature.
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Regular Elections: Parliamentary democracies typically have regular elections to ensure that the government reflects the will of the people. The frequency and rules of these elections vary by country.
- Nepal, officially known as the Federal Democratic Republic of Nepal, is a federal state, while India is considered quasi-federal. This distinction is highlighted in Article 1 of the Indian Constitution, which describes India as a "union of states" rather than a "federation."
- The framers of India's constitution designed this structure to be adaptable, allowing the government to act both unitarily and federally as needed. This flexibility enables India to handle various situations by balancing central authority with state autonomy.
- In contrast, Nepal's political landscape is highly diverse, with numerous parties representing different ethnic, regional, and ideological groups. This diversity makes it challenging for any single party to secure enough seats to govern alone, leading to coalition governments.
- These coalitions are often unstable due to the need for ongoing compromise and negotiation among parties with differing objectives. Nepal employs both first-past-the-post (FPTP) and proportional representation (PR) electoral systems.
- While PR ensures broader representation and inclusivity, it also encourages the emergence of smaller parties, which can wield significant influence in coalition governments, causing instability as they negotiate for power and concessions.
- The size of Nepal's Council of Ministers is capped at 25 members, adding to the complexity.
- In comparison, India's longer history of democracy and more stable political environment have facilitated smoother transitions of power and policy continuity.
- Nepal's newer democracy, however, struggles with consolidating democratic institutions and practices.
- Furthermore, the country's significant ethnic diversity and ongoing federalization process present unique challenges to political stability and development in Kathmandu
For Prelims: India, Nepal, China, Kalapani Valley, Treaty of Sugauli, Lipulekh Pass, Susta Area, Treaty of Friendship, Anglo-Nepalese War
For Mains:
1. Discuss the historical ties between India and Nepal, highlighting key milestones and factors shaping their relationship. (250 Words)
2. Assess the key pillars of India's Neighbourhood First Policy. Discuss the challenges and opportunities in its implementation, considering recent developments in India-Nepal relations and regional geopolitics. (250 Words)
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Previous Year Questions
1. Consider the following pairs: (UPSC 2016)
Community sometimes
mentioned in the news In the affairs of
1. Kurd Bangladesh
2. Madhesi Nepal
3. Rohingya Myanmar
Which of the pairs given above is/are correctly matched?
A. 1 and 2 B. 2 only C. 2 and 3 D. 3 only
2. The Treaty of Sugauli, 1816 was signed between the British and ______ (Bihar Police SI 2019) (SSC CPO 2019)
A. Sikhs B. Gurkhas C. Marathas D. French
3. Lipulekh Pass is in which state of India (SSC CHSL 2020) (OSSC WEO 2022)
A. Assam B. Himachal Pradesh C. Uttarakhand D. Jammu and Kashmir
4. When was the Indo-Bhutan Treaty of Peace and Friendship signed? (UPRVUNL AE EE 4 2021)
A. 1949 B. 1953 C. 1951 D. 1950
Answers: 1-C, 2-B, 3-C, 4-A
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