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Nepal’s political parties in drafting a new constitution: guardians of political tolerance and minority rights

Le rôle des partis politiques népalais dans l’élaboration d’une nouvelle constitution : garants de la tolérance politique et des droits des minorités
Pawan Kumar Sen

Résumés

Cet article propose une étude comparative des positions des élites népalaises et des principaux partis politiques face à l'opinion publique, dans le contexte de la récente transformation du système politique népalais, marquée par l'adoption du républicanisme, de la laïcité, du multilinguisme et du fédéralisme. La promulgation de la Constitution népalaise en 2015 a officialisé les transformations politiques les plus radicales de l'histoire récente : d'une monarchie à une république, d'un État hindou à un État laïc, d'un État unitaire à un État fédéral et d'un État unilingue (uniquement népali) à un État multilingue. Bien que ces quatre réformes, prises ensemble, aient constitué la transformation finalement inscrite dans la nouvelle Constitution, l'opinion publique népalaise n'a pas toujours fait l'unanimité. Une série de sondages d'opinion nationaux menés entre 2004 et 2012 a cependant révélé que l'opinion publique ne soutenait pas toutes ces réformes. La majorité des Népalais souhaitaient que le Népal reste un État hindou, privilégiaient une politique unilingue (le népali comme seule langue officielle) et ignoraient encore la question du fédéralisme, l'Assemblée constituante élue a formellement aboli le système unitaire, l'identité étatique hindoue et l'unilinguisme lors de l'adoption de la nouvelle constitution le 20 septembre 2015. Ceci a révélé le rôle joué par les élites politiques des principaux partis dans la transformation du système politique du pays. En définitive, la promulgation de la constitution de 2015 a formellement prouvé que les élites politiques népalaises étaient les gardiennes bienveillantes de la tolérance politique et des droits des minorités.

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Introduction

1This article analyses the structure and dynamics of public opinion in Nepal with regards the radical transformation of the principal features of the country’s political system in the recent past, with a special focus on the similarities and/or differences between the positions taken up by Nepal’s major political parties, and the concerns and priorities of the general public. Furthermore, the article aims to contribute to both the question about the sustainability of Nepal’s new political system and the more general question about elite-mass relations in political science. As this article discusses political events up until 2015 (until the new constitution was promulgated by the Constituent Assembly in September 2015), it does not include the political and social aspects of the Gen-Z movement that recently took place in Nepal in September 2025.

  • 1 The electoral system qualifies as Mixed Member Majoritarian, with 165 MPs elected by first-past-the (...)

2Nepal witnessed a historic political transition at the turn of the twenty-first century, undergoing changes in the political system, which were not only fundamental but which had still seemed impervious to reform only years before the transformation. The monarchy was abolished, as was the unitary state structure and the state’s association with the Hindu religion. No longer a Hindu unitary kingdom, the country has been declared a secular federal democratic republic. The promulgation of the new constitution not only ended the prolonged transition the country had been witnessing, but also formally abolished the centuries-old Shah dynasty. The constitution proclaims that sovereignty and state authority are vested in the people, not in the monarchy, as stated in Nepal’s previous constitutions. As stipulated in its preamble, the constitution establishes an egalitarian society on the basis of the principles of proportional inclusion and participation ensuring an equitable economy, prosperity and social justice. It has created a federal democratic republic with the introduction of seven provinces, precluding the eventual reinstatement of the monarchy and of the unitary state. The country’s form of governance shall be a multiparty, federal democratic republic with the lower house of parliament elected on the basis of a mixed electoral system (first-past-the-post and proportional representation).1 Therefore, ratification of the new constitution did not just introduce a reform of some aspects of the previous constitutions, but a radical overhaul of the fundamental principles of the country’s political system. Apart from the election of the Constituent Assembly, this transformation took place without the direct involvement of Nepali citizens, e.g. endorsement of these fundamental reforms concerning the new constitution was not decided through a referendum. However, the new political system’s legitimacy and sustainability depend not only on majority support from the main political parties but also, arguably primarily, on that of the general public.

3A study by Karatnycky and Ackerman (2005) reveals that non-violent civic resistance and changes in public opinion are major factors that contribute to the success and failure of transitions to democracy. These scholars find that non-violent civic resistance during the period of transition has a significant effect on yielding sustainable freedom. Referring to a Freedom House study, Shin (2007) argues that the success or failure of the process of democratisation largely depends on the role the general public plays during the transition. The study shows that the likelihood of a transition from authoritarian rule to liberal democracy proving successful is over four times higher if transitions are defended by strong non-violent civic coalitions than in cases where they are not. Doorenspleet and Shrestha (2013) pay particular attention to the interactions between the mass level and various elite levels, arguing that Nepal’s repeated failures to consolidate democracy stem from different degrees of support for democracy at different levels. Though their analysis focuses on support for the idea of democracy rather than on specific constitutional arrangements, as in my study, both studies share the same conviction that the interplay between elite actions and public opinion is vital for ensuring the legitimacy of the political system. Similarly, in the context of Uganda, Moehler (2006) contends that, although large-scale public participation in the constitution-making process is one of the most recommended methods for strengthening constitutional legitimacy, genuine consensus among political elites is essential for ensuring lasting constitutional support.

Why these four reforms?

  • 2 Only from 1909 onwards did the Rana rulers begin to call the country they ruled over ‘Nepal’ instea (...)
  • 3 The year 1768, when the Gorkhas conquered Kathmandu and Lalitpur principalities, is considered to b (...)
  • 4 The mother tongue of the Hindu high-caste hill group, known as the Gorkhali language, Khas kura or (...)

4Modern Nepal (previously known as the Gorkha Empire2) functioned as a unitary Hindu kingdom from its inception to recent years. The Nepali monarchy, an institution associated with the formation of the Nepali state in 1768,3 maintained a long-standing association with Hinduism. The Hindu high-caste hill group (made up of the Chhetri, Bahun and Thakuri, and constituting about 31% of the total population) had the highest social status which enabled them to control the state’s resources and to enjoy full power and privileges while excluding others. In addition, only the Nepali language, which is the mother tongue of the Hindu high-caste hill group, had received recognition from the state as the official language.4 These four fundamental characteristics of the Nepalese political system – (a) the monarchy, (b) the unitary form of governance, (c) the state’s official association with Hinduism, and (d) the recognition of Nepali as the sole official language – were regarded as indispensable and inseparable components of the state’s structure. They were promoted as the four pillars of Nepal’s political structure until King Gyanendra was overthrown in April 2006.

5Nepali identity has been shaped through these four key components. It was constructed on the basis of the dominant culture, religion and language of the Hindu high-caste hill group. But at the same time Nepali society has been ethnically, culturally, religiously and linguistically diverse since its existence. Though the promotion of the four pillars was unsuccessful in limiting this diversity, it had protected the Hindu high-caste hill group’s domination of the culture, religion and language and had marginalised and even excluded other cultures, religions and languages from the state’s structure. This is the main reason that this article focuses on these four components.

Democratic values and political tolerance: political elites vs general public

6The fact that the structure of the Nepali state was inextricably linked to the cultural, religious and linguistic domination by the Hindu high-caste hill group makes it all the more important to examine and compare the positions taken up by the political elites (ie top-level political leaders of major political parties, legislators and prominent political decision makers) and the decisions taken by the political parties on the one hand and the opinions of the general public on the other hand.

7From a normative democratic point of view, it may seem preferable that elites and political parties listen to public opinion. In particular, when it comes to establishing or reforming the rules and institutions of democratic decision-making, it would seem desirable that political parties seek to translate the concerns of ordinary citizens into a new constitution. But in some respects, this line of argument may be too simplistic. Empirical studies of elite attitudes in a variety of countries have shown that political elites have higher democratic values than the general public. Elites are more tolerant with regard to minority rights and civil liberties than the general public, and they show more support for democratic institutions and principles (e.g. McClosky 1964; Barnum and Sullivan 1989; Sullivan et al 1993; Farag 2020). Samuel Stouffer was the first to demonstrate that community leaders in the USA were generally more supportive of democratic principles and civil liberties than ordinary citizens (Sniderman et al 1991: 349–351). The common argument in these studies is that political elites develop these values due to a process of selective recruitment and due to their socialisation, leading to different degrees of tolerance between political elites and their public (Jackman 1972: 753; Shamir 1991: 1020; Sullivan et al 1993: 52-53). More recently, public opinion surveys conducted in Tunisia between 2010 and 2016 showed that Tunisian elites were more democratic than the masses, and that the masses had developed over time more authoritarian positions than the elites (Farag 2020: 553-559). This became the basis for ‘the theory of democratic elitism’: the principles of democracy are safer in the hands of political elites than in those of the general public.

8However, later studies have questioned whether political elites have a more tolerant attitude. Jackman (1972), for example, reanalysed Stouffer’s data and concluded that the elite-mass difference in tolerance disappeared once demographic differences and the level of education in particular had been taken into account. Similarly, Shamir (1991: 1020) argued that political elites seemed to be more tolerant than the general public due to the selective recruitment whereby people belonging to certain social strata are overrepresented in the elites: the more educated, those of higher social and economic status. Sniderman et al (1991: 369–370) accept that political elites have higher democratic values than the general public, but they stress that such attitudes should be studied within political elites because political parties differ significantly in their attitudes. In addition, evidence of democratic elitism dwindles when the focus shifts from civil liberties to other democratic values, and in particular when elites are studied in systems other than well-established Western democracies (Peffley and Rohrschneider 2007). This finding is especially relevant in a study of democratic reform in Nepal.

9From a Burkean perspective on representative democracy, the discrepancy between the public’s preferences and the decisions taken by their elected representatives is arguably much less problematical. The eighteenth-century political philosopher Edmund Burke famously argued that representatives, once elected, should not act as mere delegates of their voters, but as ‘trustees’ who are elected to use their good judgement to deliberate about the common good. Trustees take decisions based on what they think to be right or just; they do not just follow citizens’ views (Burke 1774: 81). From that perspective, the empirical findings of these studies do not contradict this particular version of normative democratic theory.

10By using data from the 1956–1960 American National Election Study, Converse (1964) argues that relatively few members of the general public understand ideological politics and hold ideologically consistent attitudes. In his influential book chapter titled ‘The Nature of Belief Systems in Mass Publics’, he argues that in the general public, political attitudes are highly unstable and that ordinary citizens essentially lack a structured belief system, unlike political leaders. Hence, he argues that the general public is incapable of guiding policy in a coherent manner. Finally, he concludes that belief systems are constructed and used by political parties and their representatives, not by ordinary citizens. In a similar vein, Zaller (1992) argues that public opinion is largely dependent on the most recent information obtained through exposure to the mass media, which is itself driven by political discourse. He contends that the general public does not have meaningful and stable political opinions on many issues and concludes that public opinion is consequently unreliable; public preferences are no doubt shaped by ‘others’ (Zaller 1992: 6), in practice often by political leaders and other opinion leaders. He affirms that political communications from party leaders that are conveyed in the mass media shape public opinion, but he also argues that the level of political awareness of people is relevant to the impact of political discourse on them. People who are more politically aware are more likely to receive cues from political leaders than those who are politically less aware. By examining the welfare policy of the United States based on findings from the 1992, 1996 and 2000 CPS National Election Studies, Schneider and Jacoby (2005) argue that political leaders’ positions guide and shape public opinion, albeit in the short term. They suggest that political discourse is the prime factor for bringing about changes in public opinion (Schneider and Jacoby 2005: 377). After investigating the opinions of both the general public and local political elites regarding Uganda’s constitution-making process, Moehler (2006: 293–302) argues that public participation had a weak and uneven influence on constitutional support, and that the opinions of political leaders shaped public assessment of the constitution-making process. This was because the general public lacked sufficient knowledge and information to evaluate the constitution on their own and that is why they turned to local elites for cues. Moehler ultimately concluded that public participation during the constitution-writing process alone could not substitute the role of political elites. Consensus among political elites, including opposing elites, was essential to secure an outcome.

11The comparison of the positions of elites and parties with those of the general public in the context of the recent transformation of the Nepali democratic system may thus contribute to the ongoing discussion of the elitist theory of democracy.

Data on public opinion and elite opinion

12Longitudinal opinion polls based on random (probability) sampling, titled ‘Nepal Contemporary Political Situation’ or NCPS, were conducted with support from The Asia Foundation Nepal between 2004 and 2012, and the author of this article was one of the principal researchers. Furthermore, other longitudinal opinion polls (also based on random sampling), called ‘People’s Perception of Safety and Security’ or PPSS, were conducted with support from The Saferworld UK between 2007 and 2010, in which this author was also involved. The availability of these longitudinal public opinion polls at such a crucial period in Nepal’s history means that it is possible to measure and to track people’s perceptions, choices and priorities during the momentous historical transition and to detect the continuities and changes in people’s opinions of the same topics and issues over the period. It would not be possible to do so if such longitudinal public opinion polls had not been conducted. Such longitudinal polls are very rare outside Western established democracies. Conducting public opinion polls is even more challenging in a third-world country like Nepal due to the small number or poor quality of roads. In addition, an armed conflict between state security forces and Maoist rebels increased the risk of collecting data in the field. Despite these challenges, we were able to conduct these opinion polls without compromising their quality. So, the public opinion data used in this study is of great value in itself.

13Ideally, we should be able to compare the opinions of citizens with those of members of the political elite. Fortunately, there was an Elites Opinion Poll conducted in July 2007 (i.e. about a year before Constituent Assembly elections) as part of the Nepal Democracy Survey undertaken by the International Institute for Democracy and Electoral Assistance (International IDEA) (see International IDEA 2008). The respondents of the poll were members of the Interim Parliament (MPs). Interviewers questioned as many MPs as possible during a one-month period. They conducted interviews with 300 MPs out of a total of 330 (International IDEA 2008: 11). The poll contained questions about various political issues including republicanism, secularism, multilingualism and federalism. Unfortunately, it was undertaken only once, which means that the poll does not allow us to map any continuities or changes in the perceptions of political elites. However, the first decisions in the transition process, taken by the elected Constitutional Assembly in 2008, were in line with the views expressed by the political elites in this poll.

Methodology of public opinion polls

14Before the new constitution was promulgated on 20 September 2015, Nepal was administratively divided into five development regions along an east-west axis, namely the Eastern Development Region (EDR), Central Development Region (CDR), Western Development Region (WDR), Mid-Western Development Region (MWDR) and Far-Western Development Region (FWDR). Since then, three ecological regions have been identified along a north–south axis: the mountains, the hills and the Tarai. With regards the two following parameters, ecological region and development region, Nepal has been divided into 15 distinct eco-development regions (i.e. 3 ecological regions x 5 development regions), namely the eastern mountains, eastern hills, eastern Tarai, etc. The Kathmandu Valley is treated as a separate 16th region given the fact that it contains the capital city, not to mention its large population. These 16 eco-development regions constitute the different ‘strata’ of the sample design. Each stratum has distinct features (i.e. physical, cultural-linguistic and social) and within a given stratum there is a relatively large degree of homogeneity, whereas there is generally a large degree of heterogeneity across strata.

  • 5 Stratified random sampling is more representative of the population than simple random sampling (Sn (...)
  • 6 Though there are many ways to collect public opinion data, the history of polls has made clear that (...)

15During the first stage, sample districts were selected using a stratified random sampling technique, i.e. representing all 16 distinct strata.5 The number of districts from a particular stratum in the sample was calculated using a proportional allocation. Furthermore, the total sample size of respondents was proportionally distributed across these sample districts. During the second stage, a proportional number of village development committees (VDCs) and/or municipalities were selected from each sample district by simple random sampling. The numbers of sample VDCs varied according to the size of the sample districts. One VDC was selected for every 20 respondents: for example, if 40 respondents had to be selected from a sample district, two VDCs, each with around 20 respondents, were selected. During the third stage, a sampled VDC was further divided into wards. For a VDC of a sample size of 20, two wards were selected using simple random sampling. Then, during the fourth stage, 10 households were randomly selected from each sampled ward by using the Right-Hand-Rule random walk method. In the fifth and final stage, a member of the sampled household was selected using a Kish-grid (i.e. a table of random numbers) and the selected respondent was interviewed in person.6 With this method, an individual is randomly selected from the sampled household to be interviewed from a whole list of household members who are 18 years old and above. Using the grid ensures that each eligible member in a selected household has an equal chance of being selected. Equal numbers of male and female respondents were selected for an interview in each of the sample wards.

16In this way, the surveys followed random (probability) sampling techniques at every stage so that the findings of these surveys could be generalised to the entire population under study (see e.g. Patton 1990, Sayer 1992, Weisberg 2008). Random (probability) sampling is arguably the only scientific basis that allows inferences to be drawn from a sample to a population, although there is inevitably still a (small) margin of error between sample statistics and population parameters (O’Muircheartaigh 2008).

17The samples of these surveys truly represented the national population. The sample makeup in terms of ethnicity, sex, age group, region, religion etc was very consistent with the population’s makeup, as per Nepal’s 2001 national census (See The Asia Foundation 2005; 2006a; 2006b and 2008; Interdisciplinary Analysts 2011a for comparisons between the sample’s makeup and the population’s makeup). Therefore, the findings of these surveys are likely to closely mirror the opinions of Nepal’s entire adult citizenry (with the usual margin of error, of course), not only of sample respondents. In other words, the findings of these surveys can be generalised to the entire population.

Recent political development and transformation

  • 7 It was an alliance formed by seven wrangling parliamentarian political parties in May 2005 to prote (...)
  • 8 While drafting the 12-point MoU, the CPN (UML) and the CPN (Maoist) agreed to adopt republicanism. (...)

18After waging the ‘People’s War’ for ten years (1996–2005), the CPN (Maoist) signed a 12-point Memorandum of Understanding (MoU) with the Seven-Party Alliance (SPA)7 in November 2005 in which they agreed to establish lasting peace in the country, expressed their commitment to hold elections for a Constituent Assembly, and undertook to call a nationwide mass protest movement against the autocratic monarchy,8 which they called Jan Andolan II (literally meaning the second wave of the mass movement). In accordance with the 12-point MoU, the SPA called a nationwide mass protest movement on 6 April 2006. The Maoists gave their support to this call. The major political parties and the Maoists had a clear-cut plan of what to do with the age-long structures of the Nepali state once they had succeeded in ending Jan Andolan II. Major political parties, such as the Nepali Congress and the CPN (UML), had already devised a common plan with the CPN (Maoist) to first sideline the King, then abolish the monarchy and declare the country a republic (Toffin 2006: 220–221). On 24 April 2006 King Gyanendra succumbed and reinstated the House of Representatives. The major political parties formed a government under the premiership of the Nepali Congress. Moreover, they designed new structures for the state: federalism, secularism and multilingualism. They did away with the single-culture paradigm and embraced a multi-cultural paradigm. They wanted equal space in the state’s power structure and an equal share in the state’s resources for all Nepalis who have different sub-national identities.

19The CPN (Maoist) signed the Comprehensive Peace Accord (CPA) with the government in November 2006, ending the decade-long armed insurgency. The signing of the CPA paved the way for holding Constituent Assembly elections, as well as many other actions such as promulgating an interim constitution, forming an interim parliament and an interim government. The CPA also stated that the first session of the Constituent Assembly would decide the fate of the monarchy by a simple majority vote.

20The historic and long-awaited Constituent Assembly elections took place on 10 April 2008. The Maoists participated in these elections and emerged as the winning party with 238 seats out of a total of 601, followed by the Nepali Congress with 115 seats and the CPN (UML) with 109 seats. The CPN (Maoist) failed to secure a majority of the seats in the Constituent Assembly. However, this was less of a problem as there was by now a general consensus of opinion among the major political parties on federalism, republicanism, secularism and multilingualism. Nepal was declared a federal, democratic, secular and republican state by the first sitting of the Constituent Assembly on 28 May 2008. This declaration was a momentous event in Nepal, which led to the start of a transformation of the state’s political structure. King Gyanendra’s putsch and his refusal to work with the political parties, and the subsequent alliance between the parliamentary parties and the CPN (Maoist) consequently proved to be fatal, first for the autocratic King-chaired government and eventually for the core features of the Nepali state, including the centuries-old institution of the Gorkhali Shah dynasty.

21The Constituent Assembly recognised the need for efficient participatory constitution-making and, on 4 November 2008, approved the Constituent Assembly Rules to assist the Constituent Assembly in drawing up a constitution and in facilitating people's participation. A constitutional committee and 10 thematic committees were created. Each thematic committee was assigned responsibility to prepare a preliminary draft along with a concept paper on its respective subject. The constitution committee was mandated to prepare a draft constitution by integrating preliminary reports submitted by the thematic committees. The latter, according to the Constituent Assembly Rules, were required to seek proposals from the general public through public hearings, interaction programmes, seminars and workshops (see Articles 65 and 66 of Constituent Assembly Rules 2065 [2008]). The general public were invited to submit their opinions through advertisements in public media. Furthermore, consultations were held with experts and the government officials concerned. The committees were also mandated to study reference materials and political party manifestos, as well as concept notes and proposals related to the constitution. The committees publicly appealed to the general public, political parties, civil society organisations and other institutions to submit their views, opinions and suggestions either directly to committee offices, or to their village development committees (VDCs), municipalities, district development committees (DDCs), or district administration offices (DAOs). The general public were also given the option of sending their suggestions by email, fax, or a Freephone number (Khanal 2014: 15).

22In order to support and facilitate these processes efficiently and effectively, three procedural committees – the Committee on Civic Relations (CCR), the Committee on Collection and Coordination of Public Opinions (CCCPO), and the Committee on Capacity Development and Resources Management (CCDRM) – were set up with specific responsibilities. The first two were responsible for organising interaction programmes for the general public and the last one was responsible for organising interaction programmes for Constituent Assembly members. The CCR was responsible for creating a way for citizens to have easy access to the Constituent Assembly; for disseminating information on the constitution-making process to citizens; for coordinating with other collaborators such as government agencies, NGOs, INGOs, civil society and the media; for monitoring and evaluating the activities of these collaborators with regard to the Constituent Assembly and the constitution-making process; and for informing citizens of how to participate in the constitution-making process (see Article 67(1) of Constituent Assembly Rules 2065 [2008]). The CCCPO was responsible for facilitating the collection of public opinion and suggestions about the draft constitution; for conducting public hearings; for organising interaction programmes, seminars and workshops on the draft constitution; and for preparing a report on these suggestions and submitting it to the Constituent Assembly (see Article 67(2) of Constituent Assembly Rules 2065 [2008]). The CCDRM was responsible for organizing interaction programmes for Constituent Assembly members on the constitution and constitution-making process; for conducting studies and research on the constitutional issues; for making a provision of resource materials for members and their distribution; for developing and managing a resource centre (see Article 67(3) of Constituent Assembly Rules 2065 [2008]).

23The Thematic Committees completed the outreach campaigns (for collecting opinions and suggestions) by April 2009. They then started writing concept notes and preliminary reports on their respective thematic areas. All the committees completed their preliminary drafts by January 2010. The different views of the political parties and other stakeholders, such as civil society, NGOs, human rights activists and the media, began to emerge immediately after preliminary draft reports had been made public. The Constitutional Committee deliberated on the contentious issues via dialogue and workshops. However, the actual form of federalism remained one of the most contentious issues throughout the process (Khanal 2014: 21, Breen 2018: 417). The other contentious issues identified were the form of government and electoral system, the composition of judiciary and judicial appointments; the right to self-determination, citizenship, pluralism, and special political prerogatives for indigenous people in the leadership of provincial governments (Khanal 2014: 21).

  • 9 The Supreme Court had already issued a final verdict on 25 November 2011 that had ended all possibi (...)

24The Constituent Assembly was initially given a two-year mandate to complete the task of drafting a new constitution. However, due to failure of political parties to reach an agreement, the constitution could not be promulgated within the stipulated time, and the Constituent Assembly therefore extended the deadline four times. According to the final extension of the Constituent Assembly’s term,9 the new constitution had to be delivered by 27 May 2012. However, the Constituent Assembly was disbanded during the night of 27 May 2012, so no new constitution was ever delivered after four years of political disagreement among the major political parties. The main obstacle was a lack of consensus among the political parties on the form of federalism. There was substantial disagreement over the demarcation and naming of the federal provinces, and regarding the distribution of the different responsibilities between federal, provincial and local levels. In addition, Madhesi citizenship, the right to self-determination and special political prerogatives for indigenous people (in all mountain, hills and Tarai regions) were other contentious issues.

  • 10 The agreement is known as the ‘16-point Agreement’.

25New Constituent Assembly elections were held in November 2013. This time the Nepali Congress won with 196 of the 601 seats, followed by the CPN (UML) with 175, and the CPN (Maoist) with 80 seats. But consensus between the major political parties on the form of federalism could still not be reached. In June 2015, the four major political parties represented in the Constituent Assembly – the Nepali Congress, the CPN (UML), the CPN (Maoist) and the Madhesi Janadhikar Forum (Democratic) – agreed to form eight provinces (they later changed this to seven) based on their ethnic identity and economic situation, leaving the names of the provinces to be decided later by a two-third majority of the respective provincial assemblies. They further agreed to form a federal commission to recommend the demarcation of the boundaries of the federal provinces within its six-month term.10

  • 11 An opinion poll of CA members, conducted in 2010, also showed this (Interdisciplinary Analysts 2011 (...)

26Hence, for Nepal’s political parties at the time, federalism was the main issue on the agenda for the transformation of the Nepali state (Lecours 2014, Sen 2018).11 The CPN (Maoist) and regional and ethnicity-based political parties were in favour of an ethnicity-based federal system; they also called it identity-based federalism. They claimed that various indigenous groups of the country have a historical attachment to a particular region and that only an ethnicity-based federal system could ensure sufficient or maximum autonomy to local indigenous groups in the decision-making process, thus preserving their identity, language, culture etc, and bring them into the political mainstream. At first, these parties demanded ‘priority rights’ for indigenous people over natural resources such as land, forests and water in their respective provinces. Furthermore, they wanted to ensure that only indigenous people could stand for election in the respective provinces for the first two terms (Sen 2013: 41). However, they adjusted their demands and subsequently only asked for consideration of ethno-geographic history when creating federal provinces.

  • 12 The vice-chairperson of the CPN (UML) at the time, Ashok Rai, who is from an indigenous ethnic back (...)

27On the other hand, the Nepali Congress, the CPN (UML) and various fringe political parties (both communist and right-wing parties) considered that federalism should be based on economic viability and geography, not on ethnic identity because it is not practical given the fact that each district and region of Nepal is ethnically and culturally heterogeneous. They argued that an ethnicity-based federal system would result in communal disharmony and would eventually drive the country to the point of disintegration. Nevertheless, it is worth mentioning that indigenous and Madhesi leaders within both the Nepali Congress and the CPN (UML) were actually in favour of ethnicity-based federalism. In October 2012, dozens of indigenous leaders within the Nepali Congress party resigned from the party due to unresolved issues with the party leadership concerning ethnicity-based federalism. At the same time, some of the leaders of the CPN (UML) from an indigenous background left the party, accusing the latter of being opposed to ethnicity-based federalism, and established a new political party.12 Some others with a Madhesi background left the party in April 2013 to join other political parties that favoured ethnicity-based federalism, such as the CPN (Maoist).

  • 13 Article 7(2) of the Constitution of Nepal 2015 states that ‘In addition to Nepali language, a provi (...)

28In spite of disagreements over the specific form of federalism, an overwhelming majority of elected members of the Constituent Assembly (over 90 per cent) endorsed the new constitution on 20 September 2015. In Article 4(1), the new constitution defines the ‘State of Nepal’ as ‘an independent, indivisible, sovereign, secular, inclusive democratic, socialism-oriented federal democratic republican state’ (Constituent Assembly Secretariat 2015). This clause of the constitution unambiguously states that Nepal is a secular federal republican state and has paved the way to formalising other basic structures related to federalism such as the demarcation and naming of the federal provinces, and the distribution of responsibilities among central, provincial, and local levels. With regard to the language issue, the new constitution of 2015 has granted federal provinces the right to select one or more languages as the language(s) of administration in their respective provinces.13

29Among its other main features, the constitution adopted a mixed electoral system for the first time in the country’s history: the House of Representatives was to consist of 275 members of whom 165 (60 per cent of the total number of MPs) were to be elected through a first-past-the-post electoral system in 165 electoral constituencies, while another 110 MPs (40 per cent) were to be elected according to a proportional electoral system where citizens vote for party lists, considering the whole country as a single electoral constituency. A provision was to be made to ensure the representation of women, marginalised groups and backward regions. The constitution was to establish the right to social justice for women, marginalised groups and backward regions in employment by state institutions on the basis of the principle of inclusion.

  • 14 It was believed that India had a soft spot for Madhes-based political parties. Hence, India put an (...)
  • 15 The citizenship issue has been resolved now as President Ram Chandra Poudel authenticated the Citiz (...)

30The major political parties had still not agreed, however, on the basic structure of federalism. Broad-based political parties, especially the Nepali Congress, the CPN (UML) and the CPN (Maoist), disagreed substantially with Madhes-based political parties on numerous aspects of federalism, including the demarcation and naming of the federal provinces. Other than this, Madhes-based political parties had questioned the provision of citizenship, the eligibility to employment in state institutions and the demarcation of electoral constituencies. To show their anxiety, some Madhes-based political parties called for mass demonstrations and declared a border blockade in the Tarai immediately after the promulgation of the constitution by the Constituent Assembly;14 this lasted until February 2016 when the new constitution was amended to meet the demands of Madhes-based political parties regarding eligibility to employment in state institutions on the basis of proportional inclusion (Article 42 [1]), and in respect of the demarcation of constituencies based firstly on the population and only secondly on the geography (Article 285 [5]). But disagreements regarding aspects of federalism and citizenship15 persisted.

Elite-mass comparison of opinions on the four reforms

31This section compares the preferences of public opinion regarding the four reforms with the preferences and decisions of the political elites. The main reason for exploring the relationship between recent political events, the major parties’ decisions and public opinion is scholarly curiosity: there is an ongoing debate on the nature and direction of the relationship between political elites and public opinion, and the prime concern here is: how can the case of Nepal contribute to this debate; how can this general relationship work out in this specific case; and what does this mean for the scholarly debate. As discussed in the previous section, most studies of the relationship between public opinion and elite decisions have so far dealt with policy issues that are essential to the general public such as civil rights, social welfare, defence spending and economic issues. This article adds to this literature by comparing the views of the general public and the major political parties’ decisions on the design and fundamental reform of the political system itself.

32In the Elites Opinion Poll (conducted in July 2007), MPs were asked whether the monarchy should be upheld or abolished. The exact phrasing of the question was ‘What do you think about the monarchy; should it be upheld or abolished?’. Although the only possible answers were ‘upheld’ or ‘abolished’, some MPs (i.e. 9 per cent) insisted on answering that the people or the Constituent Assembly should take the decision. The poll showed that 84 per cent of political elites favoured abolishing the monarchy while only seven per cent wanted to retain it (International IDEA 2008: 114). It was clear in July 2007 that there was majority support among the elites for the abolition of monarchism and the transformation of Nepal into a republic. In fact, the Elites Opinion Poll of July 2007 already indicated what the elected Constitutional Assembly was to declare in May 2008, and it showed that the preferences of the political elites were different in more ways than one from those of the general public.

33An overwhelming majority of Nepali citizens still supported the monarchy in December 2004 (81 per cent) and January 2006 (74 per cent), showing only a marginal decline. This seems to contradict the plausible diagnosis that the royal palace massacre of 2001 had already curbed support for the monarchy, but the massacre may have had an indirect effect: a decline in the general public’s faith in the divine aura of the monarchy and the weakening of the monarchy’s emotional relationship with the general public, thus ‘preparing’ public opinion for real change to come. The real change became visible in the September 2006 survey (see Table 1): public support for the monarchy dropped from 74 to 53 per cent in the space of only a few months. During these months the Jan Andolan II took place. It seems likely that, once the mobilisation of a mass movement succeeded and its anticipated outcomes had been achieved, this began to affect ordinary citizens’ positions towards the monarchy. The successful cooperation between the SPA and the Maoists in the Jan Andolan II contrasted with the failure of King Gyanendra’s attempt to bring an end to the ten-year long conflict by usurping absolute power the year before.

34Near the time of the Elite Opinion Poll, in May 2007, public support for the monarchy had further declined to a minority (46 per cent), but there was still quite a large difference with the mere seven per cent of political elites who continued to support the monarchy. Nearly a year later, shortly before the Constituent Assembly would formally end the monarchy, public support for the monarchy was still just below 50 per cent; however, after the Constituent Assembly’s the declaration, the gap with the political elite eventually narrowed further. The formal abolition of the monarchy may have accelerated the erosion of support for the monarchy in public opinion. Nevertheless, four years after the Constituent Assembly’s declaration, a substantial minority of more than one third of citizens still preferred a monarchy over a republic. Here, political elites had not heeded the preferences of citizens when they decided to abolish the monarchy. Furthermore, there had been no convergence of elite and mass over time: the political elites did not compromise on their decision to radically end all forms of monarchy. Over time, I observed that public opinion gradually, yet far from completely, shifted to the position taken up almost unanimously by political elites early on.

Table 1: Comparison of support for the monarchy and the republic between the general public and political elites (all in %)

Table 1: Comparison of support for the monarchy and the republic between the general public and political elites (all in %)

Source: International IDEA 2008 and Sen 2025

35It was the House of Representatives, reinstated after the successful Jan Andolan II, that not only stripped the King of his executive powers in May 2006, but also proclaimed Nepal a secular state rather than a Hindu state. The series of surveys I used contained no earlier data on public opinion with regard to the religious identity of the state. International IDEA (2008: 86) cited data from 2004 showing 66 per cent public support for a Hindu state at that time. A few months after the declaration by the House of Representatives, the September 2006 survey showed that 59 per cent supported a Hindu state, which is not much lower (see Table 2). Later confirmation of the transition to a secular state in the interim constitution and in the declaration by the first Constitutional Assembly did not seem to have affected public opinion in this respect. There was remarkable continuity in public opinion with regard to the relationship between the state and Hinduism. At mass level, a clear majority favoured Nepal being a Hindu state. This proportion was stable throughout the series of surveys at national level: in the latest survey (April 2012) the proportion favouring a Hindu state was only marginally lower than it had been in 2006 (55 per cent).

36This robust and stable public opinion stood in stark contrast to the early and nearly unanimous decision by the political elites to abolish the Hindu state. In the Elite Opinion Poll of July 2007, only six per cent continued to support a Hindu state (International IDEA 2008: 128). However, it might be argued that the political elites’ stance had shifted to take into account citizens’ concerns. The 2015 constitution not only reconfirms that Nepal is now a secular state, but it adds an ‘explanation’ of the crucial term secular: religious freedom, but also protection of religion as practised since ancient times. I argue that this rather ambiguous ‘explanation’ can be interpreted as a compromise, and in that sense, the political elites seem to have acknowledged some of the concerns of the majority of the citizens.

Table 2: Comparison of support for a Hindu state and a secular state between the general public and political elites (all in %)

May

2006

Sept

2006

Jan

2007

May

2007

Jul

2007

Jan

2008

May

2008

Aug

2010

Feb

2011

Jun

2011

Apr

2012

Sept

2015

Public opinion

Support for Hindu state

-

59

-

59

-

59

-

55

57

56

55

-

Support for secular state

-

31

-

32

-

31

-

39

34

37

37

-

Do not know

-

10

-

9

-

10

-

6

9

7

8

-

Political elites’ opinion

Support for Hindu state

-

-

-

-

6

-

-

-

-

-

-

-

Support for secular state

-

-

-

-

94

-

-

-

-

-

-

-

Important political events

Parliament reinstated: Nepal is a secular state

-

Interim constitution: Nepal is a secular state

-

-

-

CA: Nepal is a secular state

-

-

-

-

Constitution adds ‘explanation’ to secularism

Source: International IDEA 2008 and Sen 2025

  • 16 The wording of the question was ‘In your opinion, what should be the official language of Nepal?’.

37With regard to the language issue, public support for retaining a unilingual policy dwindled until January 2008, but bounced back in August of that year. However, with the exception of January 2008, a majority (in May 2007 – a plurality) of citizens preferred to keep Nepali as the only official language. Meanwhile, most of the political elites preferred to end the unilingual policy, as was evidenced by their declarations and decisions, and by the fact that the Elite Opinion Poll of July 2007 showed only 18 per cent of members of the interim parliament preferred unilingualism (see Table 3).16 It is worthwhile mentioning here that about 44 per cent of political elites were in favour of recognising local languages at local level, while 38 per cent indicated that other major languages should also become official languages at national level; only 18 per cent wanted to retain Nepali as the only official language in the country (International IDEA 2008: 128). This implies that about 82 per cent (i.e. a combination of the 44 per cent and 38 per cent of the first two opinions) of the political elites preferred some form of multilingualism instead of unilingualism.

Table 3: Comparison of support for Nepali as the only official language and multilingualism between the general public and the political elites (all in %)

Sept

2006

May

2007

Jul

2007

Dec

2007

Jan

2008

May

2008

Aug

2008

July 2009

Sept 2015

Public opinion

Support for Nepali only

55

48

-

-

41

-

55

55

-

Support for multilingualism

39

47

-

-

53

-

41

40

-

Do not know

6

5

-

-

6

-

4

5

-

Political elites’ opinion

Support for Nepali only

-

-

18

-

-

-

-

-

-

Support for multilingualism

-

-

82

-

-

-

-

-

-

Important political events

-

-

-

Fourth amendment to interim constitution: official status of other languages

-

CA declaration to adopt multilingualism

-

-

Constitution: Nepali at national level; provinces may add other languages at their level

Source: International IDEA 2008 and Sen 2025

38In other words, the apparent gap narrowed between elite opinion and majority public opinion until January 2008, then widened again in the later surveys. The final text of the constitution, maintaining Nepali as the only administrative language at national level, but allowing multilingual policies at subnational level, can perhaps be regarded as a compromise, with political elites taking into account some of the concerns of majority public opinion.

  • 17 In the Tarai, the issue was sufficiently salient for a protest movement to be organised when the in (...)

39Table 4 shows the changes in support for a unitary versus federal state among the general public and among political elites with the relevant decisions. At a glance, it would appear that public opinion was initially congruent with that of elites, with both showing little support for the unitary state. In later years, however, this congruence weakened as support for a unitary state increased among the general public. At the same time, support for a federal state had grown by a greater margin among the general public. It is worth noting here that any comparison between public opinion and elite opinion was hampered by the fact that so few citizens were aware of the issue or had an opinion (the proportion of the general public who had not heard of it or had not understood the issue or had not known about was extremely high). It is difficult to ascertain whether public ignorance about the issue was real or largely due to a lack of familiarity with the abstract concepts of ‘unitary state’ and ‘federalism’.17 Therefore, it would seem that the political elites’ decision to abolish the unitary state was largely made at their own discretion, with no say from the general public. The elite consensus about a transition to a federal state did not prevent fierce disagreement about the eventual form (geographical or ethnicity-based) of federalism.

  • 18 The wording of the question was ‘Which form of government do you like most: unitary or federal?’.
  • 19 A few days after the endorsement of the 2007 Interim Constitution, Madhes-based political parties a (...)

40Political elites were asked which form of government they preferred: unitary or federal?18 The poll revealed that an overwhelming majority of 93 per cent of political elites had replied that they preferred federalism. Note that this was in July 2007, i.e. a few months after these members of the interim parliament had approved an interim constitution in which federalism was not mentioned explicitly, and a few months before they amended the interim constitution in response to the Madhes and Janajati movements, to include reference to federalism.19 Only seven per cent said that they preferred a unitary form of government. These figures show that the absence of federalism in the original interim constitution did not imply that political elites were committed to pursuing a unitary form of government. This was certainly true for political leaders and parties who had opposed the unitary state since the drafting of the 1990 constitution. Back then they argued that Nepal had to be a federal state because of the country’s diversity in terms of language, ethnicity and geography. Therefore, the demand for federalism was nothing new in the context of Nepal. It only came to the surface during and after the April 2006 Jan Andolan II. Other political parties have shifted more recently to showing preference for federalism.

Table 4: Comparison of support for a unitary state and a federal state between the general public and the political elites (all in %)

Sept

2006

Jan

2007

Jul

2007

Dec

2007

Jan

2008

May

2008

Aug

2008

Jul

2009

Aug

2010

Feb

2011

Jun

2011

Apr

2012

Public opinion

Support for a unitary state

1

-

-

-

5

-

2

8

18

14

16

14

Support for a federal state

5

-

-

-

16

-

16

16

27

22

24

28

NH/NU/DK

94

-

-

-

79

-

82

76

55

64

60

58

Political elites’ opinion

Support for a unitary state

-

-

7

-

-

-

-

-

-

-

-

-

Support for a federal state

-

-

93

-

-

-

-

-

-

-

-

-

Important political events

-

Interim constitution did not mention federalism

-

Interim constitution amended to include federalism

CA: Nepal is a federal state

-

-

-

-

-

-

Note: NH/NU/DK = Not heard/Not understood/Do not know

Source: International IDEA 2008 and Sen 2025

41Overall, there was a remarkable shift from monarchism to republicanism in public opinion, considerably reducing the gap with the political elites. On the question of the Hindu state versus a secular state, public opinion remained more or less stable, with majority support for maintaining a Hindu state. The political elites, however, did not waver in their support for a secular state; however, by inscribing the term secularism in the 2015 constitution, it can be argued that the gap with the general public narrowed somewhat. With regard to the question of unilingualism versus multilingualism, public opinion seemed to have shifted towards the position of political elites by January 2008. But when there was a reverse trend after the Constitutional Assembly’s declaration in May 2008, the subsequent article in the 2015 constitution, which maintained unilingualism at national level, could be interpreted as a concession to majority public opinion. In that sense, public opinion had (initially) reacted to elite decisions and the elites had (eventually) reacted to public opinion: a reciprocal, not simultaneous relationship. Regarding the issue of federalism, although a gradual reduction of item non-response could be observed, the issue remained the great unknown at mass level years after the proposal to federalise the Nepali state had been introduced. This shows that the decisions by political elites on this question had not reached the ears of the common masses.

42The Elite Opinion Poll 2007 also showed that there was broad consensus among Nepali political elites on the transformation of the political system that Nepal was about to undertake. Only a small proportion of the elite was in support of the old state structure. By July 2007, they had agreed, at least in terms of their individual opinions or preferences as stated in the survey, to rebuild the Nepali state as proposed by the CPN (Maoist). The overwhelming majority in favour of the new state structure acknowledged that Nepal’s political parties and elites were very unlikely to retain the old state structure. It was therefore not surprising that a year later (in May 2008) the elected Constitutional Assembly formally abolished the monarchy, the unitary form of governance, the Hindu state identity and unilingualism. The exact form that federalism should take was the only aspect that was not part of this consensus; the consensus on the other issues may help to explain why the elites did nothing to narrow the gap with public opinion. The recent political reforms formalised in the new constitution were ultimately guided by the elite or political parties’ decisions, not by public opinion.

Conclusion

43The promulgation of the new constitution of Nepal in September 2015 formally concluded one of the most radical transformations of a political system in recent history: from a monarchy to a republic, from a Hindu state to a secular state, from a unitary state to a federal state, and from a unilingual state (Nepali-only) to a multilingual state. This also marked a dramatic change in the country’s political development. Nepal has always been characterised by great cultural diversity but, since the foundation of the Gorkha Empire in 1768, Nepal’s history can be summarised as a long-standing attempt at political and cultural unification modelled on the culture of the dominant Hindu high-caste hill group. The new constitution has abandoned that project and seeks to embrace and formally acknowledges the country’s diversity.

44The citizens of Nepal were not directly or intensively involved in this major transformation. There had not been, for instance, a referendum on any of the political reforms. Formal decisions had been taken by popularly elected bodies such as the reinstated House of Representatives in 2006, the Interim Parliament in 2007, and the two Constituent Assemblies (elected in 2008 and in 2013). But the actual decisions had been taken even earlier, in negotiations between the main political parties such as the 12-point agreement between the SPA and the CPN (Maoist) in 2005.

45The strong emphasis on and dominant role of political elites in the transformation is not surprising. However, the legitimacy and consolidation of the new political system ultimately depend not only on support from the elites but also on that from ordinary citizens. If a significant part of the general public remained vehemently opposed to one or several of the reforms, there would always be the risk that this dissatisfaction would grow and be readily mobilised by an anti-system party or political entrepreneur, threatening the stability of the new system. This makes the question of public opinion on the main reform issues of great social relevance.

46The disparity between elite and public opinion that emerged from the surveys was perhaps too marked. If we look more closely at elite decisions, it might be argued that, on some of the issues, the parties moderated their positions to some extent. This was most evident regarding the abolition of the Hindu state. The elites maintained their decision to move over to a secular state but added to the constitution a definition of ‘secularism’ that included the protection of traditional religious practices. In addition, a law against proselytisation was adopted in 2017. Article 158 of the National Panel Code (2017) prohibited proselytisation to allay the fears of the Hindu majority. With regard to the language policy, the eventual implementation of multilingualism, with Nepali remaining the administrative language at national level and other languages being recognised as administrative languages in each province, can also be interpreted as a concession to public opinion. However, even such a more nuanced assessment does not deny the discrepancy between elite and public opinion, and there is no evidence that such concessions have led to greater public support.

47Leaving aside for the moment the reorganisation of the unitary state into a federal state, the transformation of Nepal’s political system resulted in one reform on which political elites and public opinion ultimately converged, and in two reforms on which elite and public preferences remained largely opposed. From a normative point of view, the situation of congruence seems preferable both with regard to the legitimacy and the stability of the political system. However, Nepal is a very diverse country, deeply divided along ethnic, religious, linguistic and cultural lines. In a society of this type, congruence between political elites and a popular majority (or even a plurality) may allow the preferences of this majority to obscure the rights of minorities. This would no doubt undermine the minorities’ allegiance to the state, with the long-term risk of creating political instability. The question of monarchy versus republic was not closely related to the diversity of the Nepali people. With regard to this issue, the risk of a ‘tyranny of the majority’ seems remote. But the religious identity of the state, the official language and the choice between unitarism and federalism are of immediate relevance to cultural diversity. That the major political parties opted for a secular state and multilingualism served to protect the interests of religious and linguistic minorities despite opposition to both issues on the part of most of the general public (also see Sen 2020; Sen 2021; Sen 2022; Sen 2023). According to the most favourable interpretation, this lends support to the view in the literature that political elites are the benevolent custodians of political tolerance and minority rights.

The analysis and interpretation presented in this article are part of my doctoral research entitled ‘Transforming Nepal’s Political Systems: Party Positions and Public Opinion (2004–2012)’ and conducted at the Political Science Department of the Faculty of Social and Behavioural Sciences, Leiden University, the Netherlands. I am indebted to the late Prof Dr Rudy Andeweg and Prof Dr Joop van Holsteyn for their critical comments and regular guidance that helped me to develop insights into interpreting survey data. I am grateful to the Asia Foundation Nepal and the Saferworld UK for allowing me to use raw data from public opinion surveys for my study. My heartfelt thanks go to Mr Caspar ten Dam, a Netherlands-based political scientist and conflict analyst, for always encouraging me to publish this article. I am much obliged to the two anonymous peer reviewers for their valuable comments and suggestions that allowed me to improve on this article.

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Notes

1 The electoral system qualifies as Mixed Member Majoritarian, with 165 MPs elected by first-past-the-post and 110 MPs elected by nationwide proportional representation.

2 Only from 1909 onwards did the Rana rulers begin to call the country they ruled over ‘Nepal’ instead of Gorkha (Gellner 1997: 5).

3 The year 1768, when the Gorkhas conquered Kathmandu and Lalitpur principalities, is considered to be the date the Gorkha Empire was founded, which is the pre-incarnation of the Nepali state.

4 The mother tongue of the Hindu high-caste hill group, known as the Gorkhali language, Khas kura or Parbate kura, was renamed the ‘Nepali language’ only in 1933 as a part of the construction of a homogeneous national identity (Gellner 1997: 5).

5 Stratified random sampling is more representative of the population than simple random sampling (Snedecor and Cochran 1980: 434).

6 Though there are many ways to collect public opinion data, the history of polls has made clear that one of the ways to gauge public opinion is to ask direct questions in a face-to-face interview (Weisberg et al 1996). This interview mode allows the adoption of more complicated selection methods such as the Kish-grid method, excluding those who are under 18 years old, and achieves better cooperation from respondents than a telephone survey or a postcard survey. Furthermore, visual aids such as flash cards, 10-point scales, smiley scales and pictures etc. can be used effectively in face-to-face interviews (Dykema et al 2008).

7 It was an alliance formed by seven wrangling parliamentarian political parties in May 2005 to protest against the King’s takeover on 1 February 2005, when the incumbent King Gyanendra dismissed the appointed Deuba government, declared a state of emergency and seized all executive powers. The seven parties included in the alliance were Nepali Congress, Nepali Congress (Democratic), CPN (UML), Nepal Workers Peasants Party, Nepal Sadbhavana Party (Anandi Devi), United Left Front and People’s Front.

8 While drafting the 12-point MoU, the CPN (UML) and the CPN (Maoist) agreed to adopt republicanism. However, the final MoU document mentioned only the abolition of ‘autocratic monarchy’ by establishing ‘full democracy’ because the Nepali Congress party was not ready to accept republicanism at that time (Sharma 2070 BS: 210 and 224). However, the signing of the MoU undoubtedly created a political environment in favour of republicanism.

9 The Supreme Court had already issued a final verdict on 25 November 2011 that had ended all possibilities of a further extension of the CA term.

10 The agreement is known as the ‘16-point Agreement’.

11 An opinion poll of CA members, conducted in 2010, also showed this (Interdisciplinary Analysts 2011b: 11–12).

12 The vice-chairperson of the CPN (UML) at the time, Ashok Rai, who is from an indigenous ethnic background, left the party along with dozens of central-level leaders and hundreds of cadres on 4 October 2012 (Nepalnews.com, 4 October 2012). After several days he announced the formation of a new political party called Federal Socialist Party with the main objective to establish ethnic identity-based federalism.

13 Article 7(2) of the Constitution of Nepal 2015 states that ‘In addition to Nepali language, a province shall select one or more national language that is spoken by majority of people in that province as the language of official business, as provided for by the provincial law’ (Constituent Assembly Secretariat 2015).

14 It was believed that India had a soft spot for Madhes-based political parties. Hence, India put an embargo on the export of essential commodities including fuel and medicines to Nepal during the border blockade. However, an analysis of India’s role in the political unrest in the Tarai is beyond the scope of this article.

15 The citizenship issue has been resolved now as President Ram Chandra Poudel authenticated the Citizenship Amendment Bill on 31 May 2023. The amendment allows children of parents who obtained citizenship by birth to acquire citizenship by descent.

16 The wording of the question was ‘In your opinion, what should be the official language of Nepal?’.

17 In the Tarai, the issue was sufficiently salient for a protest movement to be organised when the interim constitution of January 2007 failed to mention federalism, but it is debatable whether this question was noteworthy in other parts of the country.

18 The wording of the question was ‘Which form of government do you like most: unitary or federal?’.

19 A few days after the endorsement of the 2007 Interim Constitution, Madhes-based political parties and indigenous hill organisations launched protests (January-February 2007), calling for amendments to transform the country from a unitary state into a federal state.

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Titre Table 1: Comparison of support for the monarchy and the republic between the general public and political elites (all in %)
Crédits Source: International IDEA 2008 and Sen 2025
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Pawan Kumar Sen, « Nepal’s political parties in drafting a new constitution: guardians of political tolerance and minority rights »European Bulletin of Himalayan Research [En ligne], 65 | 2026, mis en ligne le 20 mai 2026, consulté le 20 juillet 2026. URL : http://journals.openedition.org/ebhr/3594 ; DOI : https://doi.org/10.4000/169j7

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Auteur

Pawan Kumar Sen

Pawan Kumar Sen is Chair and Managing Director of Himalaya Comprehensive Research Pvt Limited (Dhobighat, Lalitpur Metropolitan City, Ward-3, Bagmati Province, Nepal). Research methodology and data analysis are the core areas of his expertise. He has a keen interest in contemporary political and state-restructuring issues concerning Nepal, especially republicanism, federalism, secularism and multilingualism. He was a member of the team that conducted a series of nationwide public opinion polls - Nepal Contemporary Political Situation - during the period of political transformations (between 2004 and 2012), which enabled him to study the structure of and the changes in public opinions related to the country’s contemporary politics, and to compare these with the positions taken by the main political parties. He received his PhD in 2025 from Leiden University, the Netherlands, for his work Transforming Nepal’s Political System: Party Positions and Public Opinion (204–2012). His recent publications include the academic papers: ‘Identity movements of marginalized groups in Nepal: foundations for inclusive representation’ in the Journal of Emerging Technologies and Innovative Research in 2023 (Vol10, No12, pp407–414), and ‘Inclusive representation in a new Nepali republic’ in Academia Letters in 2022 (Article Number 4988).

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