Nepal, with the adoption and enforcement of a new constitution in 2015, entered into a new phase of development. The constitution adopted in September 2015 is the seventh constitution in Nepal. The constitution-making process has been a complex in Nepal. Nepal had to undergo several political turbulences and transformation before adopting this new constitution. The field report and the research paper aims to look into Nepal’s constitution-making process historically and understand and explain this process. In the process, it also will look at the concerns of Madhesis with regard to the constitution-making process and their representation in it. This research paper is broadly divided into two parts, the first part looks into the literature and provides the review of the literature that has looked into the aforementioned topic. The second part is the field report, wherein, through interviews, the first-hand accounts of people are collected and analyzed.
Table of Contents
Introduction
Part I
Literature Review
i) Historical Background
ii) Madhesis in Nepal
iii) The constitution of 1990 and Madhesis
iv) Maoist Rebellion and Madhesi Mobilisation
v) Interim Constitution of 2007
vi) The Constitution of Nepal 2015
Part II
Field Report
Methodology
i) Findings and Observations
ii) Discussion
Conclusion
Research Objectives and Themes
This paper examines the historical context of Nepal's constitution-making process and investigates the extent of Madhesi representation within the 2015 Constitution. It aims to identify the gaps between state-building initiatives and the inclusion of marginalized groups, specifically focusing on the socio-political concerns of the Madhesi population.
- Historical evolution of the Nepali constitutional framework.
- Socio-political status and identity of Madhesis in Nepal.
- Impact of the 1990, 2007, and 2015 constitutional developments on inclusivity.
- Qualitative analysis of stakeholder perspectives on Madhesi political representation.
- Challenges of power-sharing and group autonomy in a diverse polity.
Excerpt from the Book
Madhesis in Nepal
The population in Nepal is not homogenous; rather it is fragmented. The population in Nepal can be broadly classified into four categories, they are: 1. Caste Hill Hindu Elite (CHHE) or the high caste hill Hindus, 2. Low caste Hindus (Dalits), 3. Indigenous Nationalities (Adivasis, Janjatis), 4. Madhesis (People from Terai region).
The ethnonym of Madhesi refers to residents of Tarai or Madhes region who share common languages and cultures with various communities across the border in North India. The population of Terai includes Caste Hindus, Tharus, Dhimals, and Muslims (Hagen & Lawoti, 2013).
Madhes is one of the three ecological zones of Nepal, covering 23% of the total land area and is 800 km s with its width varying from 25 to 32 km s. Out of the 75 districts in Nepal, 20 districts have been known as Madhes. The 49.3% of the total population of Nepal resides in this region making this region a densely populated region in Nepal (Mahajan & Sah, 2012). Madhesis, excluding the pahadi (hill) settlers, comprise of 32.29% of the population, which includes, 12.9% of non-Dalit caste Hindus, 8.96% indigenous nationalities, 6.74% Dalits and 4.29% Muslims (Lawoti, 2012).
Summary of Chapters
Introduction: Provides an overview of Nepal's transition to a federal, democratic republic and outlines the study's focus on the constitution-making process and Madhesi representation.
Literature Review: Analyzes the historical progression of Nepali constitutions, the identity of Madhesis, and the socio-political dynamics including the Maoist rebellion and the impact of the 1990 and 2007 constitutions.
Field Report: Presents qualitative data collected through interviews regarding Madhesi concerns with the 2015 Constitution and explores potential paths forward through power-sharing.
Methodology: Details the qualitative research approach, including the use of questionnaires and personal interviews with students, activists, and journalists.
Discussion: Connects field findings with theoretical concepts of power-sharing and group autonomy to address political exclusion.
Conclusion: Summarizes the necessity of consensus and inclusive policy-making to ensure national stability and avoid further political turbulence.
Keywords
Nepal, Constitution-making, Madhesis, Representation, Federalism, Marginalization, Inclusion, Power-sharing, Political reform, Jan Andolan, Maoist Rebellion, Citizenship, Identity, Democracy, Governance
Frequently Asked Questions
What is the central focus of this research?
The research focuses on the historical complexity of the constitution-making process in Nepal and evaluates how effectively the 2015 Constitution represents the Madhesi population.
What are the primary themes explored?
The work covers themes such as political exclusion, the evolution of constitutional law in Nepal, the role of ethnic identity in state formation, and the impact of the Maoist movement on marginalized groups.
What is the core objective of the paper?
The primary goal is to understand the constitution-making process historically and analyze whether the current constitutional provisions successfully include and address the grievances of the Madhesi people.
Which methodology is employed?
The study utilizes a qualitative research methodology, primarily through semi-structured interviews with diverse stakeholders including students, activists, and journalists.
What does the main body discuss?
The main body examines the historical background of Nepali constitutions, profiles the Madhesi population, analyzes the impact of the 1990, 2007, and 2015 constitutions, and presents field findings on representative efficacy.
How would you characterize the work with keywords?
The work is best characterized by terms such as constitutional reform, ethnic politics, power-sharing, and marginalized representation in Nepal.
What specific concerns did interviewees raise about the 2015 Constitution?
Interviewees specifically highlighted issues like discriminatory citizenship laws, gerrymandering of provinces, reduced seats for proportional representation, and unequal allocation of state funds.
How does the author propose addressing these dissatisfactions?
The author, through the voices of the interviewees and discussion of political theory, suggests that power-sharing mechanisms and genuine implementation of agreements are essential to address structural inequalities.
- Quote paper
- Ambica Jain (Author), 2017, Constitution-Making Process in Nepal and the Madhesi Representation in it, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/441763