Constitutional Developments in a Himalayan Kingdom

Sunil Khilnani, Vikram Raghavan and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print December 2012 | ISBN: 9780198081760
Published online January 2013 | e-ISBN: 9780199082360 | DOI:
Constitutional Developments in a Himalayan Kingdom

More Like This

Show all results sharing this subject:

  • Constitutional and Administrative Law


Show Summary Details


This chapter offers an account of Nepal's constitutional developments over the years in light of the ‘interaction between indigenous law and transplanted law’. The author reflects upon the modalities of the political transformations that have occurred in Nepal over the past 250 years, with particular reference to the influence of external legal and political concepts. After tracing the constitutional history of Nepal, the author examines the 1990 Constitution and its demise, and what it tells us about political processes in Nepal between 1990 and early 2007, and about democratic politics in the country more generally. It argues that it was a flawed constitution that failed to adequately accommodate the aspirations of the people. The promulgation of the 2007 Interim Constitution has endeavoured to ignite a process of state restructuring and the creation of a ‘New Nepal’. A new document recognizing Nepal's inner plurality, rooted in social hybridity and fostering a civic sense of belonging, with an emphasis on citizenship and rights rather than constitutional arrangements based on a polarized essentializing identity lines, is the need of the hour. The long-term success of the political process currently underway to establish lasting peace in Nepal will depend ultimately upon whether the present constitution-making endeavours achieve consensus and stability.

Keywords: constitutional developments; Nepalese history; political transformation; Nepalese identity; 1990 Nepalese Constitution; Constitutional provisions; Flawed constitution; institutional change; Nepalese plurality

Chapter.  10529 words. 

Subjects: Constitutional and Administrative Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.