Monograph: The Constitution Saga of Nepal

The Kot Parva, also known as the Kot Massacre, was a major political turning point in Nepal’s history that occurred on 14 September 1846. It marked the beginning of Rana rule, a century-long autocratic regime that dominated Nepal from 1846 to 1951. The incident took place inside the Kot (armoury courtyard) of the Hanuman Dhoka Palace in Kathmandu, where a bloody power struggle among Nepalese nobles and courtiers resulted in the rise of Jung Bahadur Rana as the most powerful man in the kingdom.

Background

In the early nineteenth century, the political situation in Nepal was unstable. The Shah monarchy, established by King Prithvi Narayan Shah in the eighteenth century, had become weakened by internal rivalries, foreign pressures, and court conspiracies. After the Anglo-Nepalese War (1814–1816) and the Sugauli Treaty, Nepal lost a large portion of its territory and prestige.
The royal court was dominated by competing noble factions, mainly:

• The Thapa family, led by Bhimsena Thapa, which had earlier enjoyed great power.
• The Pande family, a rival aristocratic group.
• The Basnet and Kunwar families, minor but rising political players.

By the mid-1840s, the death of Prime Minister Mathabar Singh Thapa and growing discontent among the courtiers had created a volatile political environment.

Immediate Causes

1. Murder of Gagan Singh:
   • On the evening of 14 September 1846, Gagan Singh Khawas, a powerful and trusted military commander serving Queen Rajya Laxmi Devi, was mysteriously assassinated while offering prayers.
   • Gagan Singh was believed to be close to the Queen, and his sudden death enraged her.
2. Queen Rajya Laxmi’s Reaction:
   • The Queen, suspecting that her rival nobles were behind the murder, summoned all senior officials, nobles, and military officers to the Kot courtyard (Hanuman Dhoka Palace) for an immediate investigation.
   • She demanded that the perpetrator be executed on the spot.
3. Power Struggle and Chaos:
   • As tension mounted, various nobles accused one another, and chaos broke out.
   • Jung Bahadur Kunwar, a clever and ambitious military officer, positioned himself and his troops strategically around the Kot.

The Kot Massacre

During the heated exchanges, Queen Rajya Laxmi allegedly ordered the execution of General Abhiman Singh Basnet, accusing him of being responsible for Gagan Singh’s murder.
When Abhiman Singh tried to reveal the real culprit before his death, his words were drowned in confusion. Soon after, violence erupted. Jung Bahadur and his loyal soldiers opened fire inside the courtyard, killing dozens of prominent courtiers and nobles belonging to rival factions.
Casualties:

• Historical accounts estimate that more than 30–40 leading nobles were killed that night.
• Many of them belonged to the powerful Pande and Basnet families.

The massacre effectively wiped out the traditional aristocratic leadership that had long dominated the Shah court.

Rise of Jung Bahadur Rana

In the aftermath of the massacre, Jung Bahadur emerged as the strongest surviving military leader. Using his military control and the support of the Queen, he quickly consolidated power.

• He was appointed Prime Minister and Commander-in-Chief of Nepal shortly after the massacre.
• He gradually eliminated remaining rivals and secured the confidence of King Rajendra Bikram Shah.
• Within a year, he exiled both Queen Rajya Laxmi and King Rajendra, placing Prince Surendra Bikram Shah on the throne as the new monarch.

This marked the beginning of the Rana era (1846–1951), during which the Ranas held absolute power while keeping the Shah kings as ceremonial figureheads.

Consequences

1. Establishment of Rana Autocracy:
   • The Kot Parva consolidated Jung Bahadur’s power and established the hereditary Rana Prime Ministership, which lasted for over a century.
   • The Ranas monopolised both military and administrative authority, reducing the monarchy to a symbolic role.
2. Isolationist Policies:
   • The Ranas pursued a policy of strict isolation from foreign influence, keeping Nepal largely closed to the outside world.
   • They maintained a cautious relationship with British India, ensuring Nepal’s sovereignty while avoiding confrontation.
3. Centralised Power:
   • Political power was centralised in the Rana family, with succession determined by heredity rather than royal appointment.
   • All major administrative and military positions were controlled by family members.
4. Suppression of Reforms:
   • Democratic aspirations, education, and political freedoms were suppressed to maintain absolute control.
   • The country remained socially and economically backward for much of the Rana period.

Historical Significance

• The Kot Parva transformed Nepal’s political system from a monarchic court-based governance into a hereditary autocracy under the Ranas.
• It marked the decline of the traditional feudal nobility (Pande and Thapa families) and the rise of a new ruling dynasty.
• The event is considered a watershed in Nepali history, as it shaped the political, social, and administrative structures for the next century.

Later Developments

• Jung Bahadur Rana further strengthened his position by introducing the Muluki Ain (1854), Nepal’s first comprehensive legal code, which unified civil and criminal laws under a single framework.
• His successors continued the Rana legacy until the 1951 Revolution (Sat Salko Kranti), which finally overthrew Rana rule and restored the Shah monarchy’s authority.

The Sat Salko Kranti (Nepali: सात सालको क्रान्ति, meaning Seven-Year Revolution) refers to the 1951 Nepalese Revolution, which ended the autocratic rule of the Rana dynasty and ushered in a new era of democracy and constitutional governance in Nepal. It marked the transition from over a century of hereditary Rana dominance to the beginning of modern, participatory politics.

Background

The Rana regime, which began in 1846 with the rise of Jung Bahadur Rana, established a hereditary system of prime ministers who held absolute power, reducing the Shah kings to ceremonial figures. The regime centralised authority, isolated Nepal from the outside world, and denied political freedoms to its people.
By the mid-twentieth century, a new educated class emerged in Nepal and among exiled Nepalis in India, inspired by global democratic movements and India’s independence in 1947. Dissatisfaction with the Ranas grew due to repression, economic inequality, and lack of opportunity for political participation. Political activists and exiled leaders began to organise themselves for change, leading to the rise of political movements against the Rana oligarchy.

Causes of the Revolution

1. Autocratic Rana Rule: Over 100 years of political suppression and denial of civil rights under the Rana regime created deep resentment among the populace.
2. Rise of Political Consciousness: The influence of democratic movements in neighbouring India and the return of educated Nepalis from abroad inspired the demand for freedom.
3. Economic Inequality: The Rana elite monopolised wealth and privileges, while the majority of people lived in poverty.
4. Exile Movements: Political parties such as the Nepal Praja Parishad (founded in 1936) and later the Nepali Congress played a key role in mobilising resistance from exile.
5. Support from India: The political situation in India and its post-independence government provided a favourable environment for anti-Rana activities and negotiations.

Course of the Revolution

The revolution unfolded between 1950 and 1951, corresponding to the year 2007 B.S. in the Nepali calendar, from which the term Sat Salko Kranti derives.

• Initial Uprisings: Armed revolutionaries associated with the Nepali Congress launched uprisings in various parts of the Terai and eastern Nepal.
• Royal Intervention: King Tribhuvan Bir Bikram Shah, who opposed Rana dominance, sought asylum in the Indian Embassy in Kathmandu in November 1950 and later fled to India. His departure symbolised royal defiance against the Ranas and triggered widespread protests.
• Formation of the Interim Government: Facing increasing resistance, the Ranas entered negotiations mediated by India. The Delhi Accord was signed in February 1951 among King Tribhuvan, the Rana Prime Minister Mohan Shumsher, and the Nepali Congress.
• End of Rana Rule: On 18 February 1951, King Tribhuvan returned to Nepal and announced the formation of an interim government, ending the 104-year Rana regime and beginning a new era of constitutional politics.

Major Outcomes

1. End of the Rana Oligarchy: The hereditary system of Rana prime ministers was formally abolished.
2. Restoration of Monarchy: King Tribhuvan was reinstated with real political authority, transforming the monarchy from a symbolic figurehead to a constitutional institution.
3. Introduction of Democracy: Political parties were recognised legally, and the foundation for parliamentary democracy was established.
4. Formation of the Interim Government: A coalition government consisting of Rana and Congress representatives was formed to draft democratic reforms.
5. Emergence of Nationalism: The movement united people from various regions and backgrounds under a shared aspiration for national freedom and reform.

Significance

The Sat Salko Kranti is a landmark event in Nepal’s political history for several reasons:

• It ended a century-long autocracy and introduced democratic aspirations in Nepal.
• It revived the monarchy as a constitutional authority supportive of democratic governance.
• It paved the way for the formation of political parties, a free press, and public participation in national affairs.
• It laid the foundation for constitutional and parliamentary development in the coming decades.
• It symbolised Nepal’s entry into the modern political age, aligning the country with global democratic values.

Limitations and Challenges

Although the revolution succeeded in toppling the Rana regime, it did not immediately establish a fully democratic system.

• Continued Monarchical Power: King Tribhuvan and his successor, King Mahendra, retained significant political control.
• Weak Institutions: Nepal lacked strong political and administrative institutions capable of sustaining democratic governance.
• Factional Politics: Rivalries among political leaders and internal divisions within the Nepali Congress weakened early democratic progress.
• Limited Socio-economic Change: The social and economic inequalities that existed under the Rana regime persisted, especially in rural areas.

These limitations set the stage for recurring political instability and the later suspension of democracy in 1960, when King Mahendra imposed the Panchayat system.

Legacy

The Sat Salko Kranti remains one of the most important turning points in Nepal’s modern history. It:

• Opened the door for multi-party democracy and citizens’ political rights.
• Inspired subsequent democratic movements, including the Jana Andolan (People’s Movements) of 1990 and 2006, which eventually led to the abolition of monarchy and establishment of a federal democratic republic.
• Is commemorated annually as the beginning of Nepal’s democratic awakening, symbolising the people’s victory over authoritarianism.

The partyless Panchayat system was established in Nepal by King Mahendra in 1960 and it remained in force till 1990s. This was a pyramidal structure, beginning with some 4000 village assemblies and ending into the Rastriya Panchayat (National Parliament). Though people could elect their representatives, the Panchayat system was based on the absolute power of the monarchy with King as sole authority over all governmental institutions, including the Cabinet and the Parliament. The political parties were declared illegal.

The National Panchayat was made of 90 members. It had no power to criticise the royal monarchy; no power to introduce budget without royal approval and no power to debate the principles of partyless democracy. The King was supreme commander of the armed forces, had power to appoint and remove the supreme court judges, appoint the members of public service commission and amend the constitution at will. The elections were held first time in 1963 for National Panchayat but all political parties were banned. In around a decade, King Mahendra virtually had regained all the sovereign powers enjoyed by his ancestors in 18th century.

In 1972, King Mahendra was succeeded by his son King Birendra, who continued the authoritarian rule. The public dissent, student demonstration, anti-regime activities kept on growing along with rampant arrests of activists by the royal government.

Amid protests, the King Birendra called for a national referendum in 1980 on the question of -what should be the system of government: whether to continue the Panchayat system with democratic reforms or establishment of a multiparty system. In this referendum, the Panchayat system got a narrow victory. Few democratic reforms were carried out swiftly by the King such as:

• Election of the prime minister by Rastriya Panchayat
• Council of Minister would be responsible to Rastriya Panchayat not the King
• Freedom of speech and political activities
• Eleven-member Constitution Reforms Commission

The above changes were done via amendment of the 1962 Constitution. Elections were held in 1981 under the new constitution. The political parties boycotted these elections but people participated paving the way for Surya Bahadur Thapa to become elected Prime Minister. However, the Panchayat system soon became a stage for factional fights and ever-changing coalitions in the Nepal politics. In mid 1980s, the government of Surya Bahadur Thapa fell because of charges of corruption and food crisis. His place was taken by Lokendra Bahadur Chand. Elections were once again held in 1986 when Marich Man Singh Shrestha was elected as prime minister.

Marich Man Singh Shrestha had served as Nepal’s Prime Minister for about four years till April 1990, when the political parties launched an agitation to restore democratic rights. He is known for mass suppression of democratic forces and this highly degraded his status. Meanwhile, the Nepal-India relations started souring due to an array of reasons mainly including the below two:

• In March 1988, King Birendra had allowed Nepal to buy weapons from China. This was against the terms of Indo-Nepal Friendship Treaty of 1950 and 1965 agreement on import of arms between the two countries.
• According to the articles of the Indo-Nepal Friendship Treaty of 1950, both the countries would provide national treatment to the citizens of each other with regard to industrial and economic activities. Violating these, Nepal put stringent restrictions on the ownership of property by Indians in Nepal. Further, in 1987, Nepal included Indians into the category of foreigners requiring work permits, initially in three districts later in entire country. This deprived many Indians employment in Nepal, while many Nepalese enjoyed freedom to work and employment in India.
• The India-Nepal transit route was used to smuggle cheap third country products (China) into India.

Due to these, India hardened its position and refused to renew two separate Treaties of Trade and Transit. The treaties got expired in 1989 and India closed all but two border entry points with Nepal.

The economic blockade was a big blow to Nepal’s economy and common people. The people of Nepal suffered souring inflation and inadequate supply of consumer goods and petroleum products. Nepal is a landlocked country and its entire economy is dependent on India for resources, trade as well as transit.

Jan Andolan-I

Instead of reconciliation with India, the Nepal government tried to tackle the crisis on the basis of foreign aid from US, UK, China and Australia. However, this was a flawed strategy. People’s resentment grew who wanted the government to negotiate with India in place of depending on foreign aid. Taking advantage of the people’s resentment, the Nepali Congress and other parties such as United Left Front (ULF)  started mass mobilization movement against the tyranny of the Man Singh government.  The movement turned violent and these parties garnered international support, thus forcing the King to dismiss the Marich Man Singh government and replace him with Lokendra Bahadur Chand on 6 April 1990. But the people were resenting against the partyless democracy so mere change in Prime Minister did not satisfy them. Within 10 days, the King dismissed the Chand Government also and issued a royal proclamation to dissolve the Rastriya Panchayat. He accepted constitutional reforms and to establish a multiparty parliament that took seat in May 1991. This was known as Jan Andolan.

A new Constitution came up in Nepal as a follow up to Jan Andolan which limited the Monarch’s role, retained Nepal as a Hindu Kingdom, paved the way for parliamentary system and granted fundamental rights to the people of Nepal.

Key Features of 1990 Constitution

The 1990 Constitution was different from earlier traditional constitution of Nepal. It was not drafted by a constituent assembly and it:

• Lifted ban on political parties and established multiparty system
• Curtailed authority of King
• Declared Nepal as a Hindu monarchy Kingdom
• Had scope of emergency power to be used by Nepal

The above features make it clear that the 1990 constitution substantially increased the democratic character vis-à-vis Panchayat system but it was criticized and rejected by the left parties. The key points of its criticism were as follows:

• It was not drafted by a constituent assembly but a nine-member commission whose two members were royal representatives.
• It declared Nepal a Hindu state and not a secular state, thus did not protect minorities
• It granted no freedom of life and fundamental rights could be suspended.
• It does not provide for a balance of power within the government.

The 1990 constitution did not usher Nepal into political stability, not even till date. The constant infighting and factionalism continued within the political parties. Among various political parties was a small party Communist Party of Nepal (Maoist), which was nothing more than a fringe group of Maoism supporters. The legislators of this group abandoned their legislative seats and went underground in 1994. In 1996, they declared People’s War with their well known claim that only a communist state is panacea to all social and economic ills. This was the birth of Maoist Insurgency in Nepal. Its leaders were Baburam Bhattarai and Pushpa Kamal Dahal. By 2006, this insurgency spread across the Nepal. We note here that this insurgency is considered to be most successful Maoist insurgency around the world. It established provisional “people’s government” at the district level in several parts of Nepal.

The 2001 Shooting spree

Meanwhile, the royal family was about to be doomed. King Birendra had a prodigal son Dipendra, who wanted to marry Devyani Rana, the daughter of rival Rana family. His mother came in between this love and under the influence of drugs and alcohol; Dipendra not only wiped out the entire family including his father, mother, brother, sister and other half dozen of people but also shot himself. He was wounded and went into coma; but the Nepalese crowned him as next King of Nepal even while in Coma. He could not sustain the self inflicted injuries and died in three days.

Jan Andolan -II

After the untimely demise of King Birendra and his son Dipendra, Prince Gyanendra was sworn in as King of Nepal as per Nepalese traditions. Gyanendra was once in his childhood sworn in as King by Rana prime minister. His second term beginning from 2001 ended in 2008 with the end of shah dynasty as well as monarchy in Nepal.

During initial years of his rule, he tried to curb political instability by trying to gain full control over the government, because political parties were unable to hold elections. In October, 2002 he dismissed the elected Prime Minister Sher Bahadur Deuba and consolidated his power subsequently by sacking three more prime ministers by 2005 because all of them failed to hold elections and bring the rebels to negotiation.

In February 2005, he assumed the direct rule abolishing the prime minister Deuba’s government. His confrontational approach and repression of dissent continued for 14 months period under the state of emergency. Political leaders were put under house arrest, phone and internet lines were cut, and freedom of the press was severely curtailed. In April 2006, the country came under violent protests and strikes staged by Maoists. The Maoist led revolution was called Jan Andolan II and it forced the King to relinquish the direct rule. The King now declared that he would yield executive power to a new Prime Minister chosen by the political parties.

End of Civil war

In 2006, Parliament was reinstated with Girija Prasad Koirala as Prime Minister. This parliament clipped royal privileges, brought Royal Nepal Army under direct civilian rule, declared Nepal a secular state and abolished untouchability. The Maoist leader Prachanda appeared over ground and peace talks began. A Comprehensive Peace Agreement was signed which declared the

end of the civil war and created a roadmap for elections to a Constituent Assembly.  To support the transition process, a United Nations Mission in Nepal (UNMIN) was deployed.

After the Comprehensive Peace Agreement, the Interim Constitution was promulgated in January 2007. The constitution provided for a Constituent Assembly with dual functions viz. as a constitution making body as well as legislative body / parliament.  It was initially decided that the Interim Parliament will have 330 member and it will get dissolved with the first sitting of Constituent Assembly. The newly elected Constituent Assembly will have 425 members out of whom, 202 would be directly elected on the basis of First Past the Post System. 204 members will be nominated by political parties in proportion to the votes they score in elections and 16 members were to be nominated by Council of Ministers. Every Nepali, who has attained the age of 18 years was given right to vote in the Constituent Assembly. Constituent Assembly would be given two years time to draft the constitution.

Amendment of Interim Constitution 2007

The elections to Constituent Assembly were to be held in June 2007, but they were postponed twice. The major issue that created roadblock was the method of elections. The Maoists wanted the system of proportional elections while other political parties wanted first past the post system. The interim constitution was amended and it was finally decided that the Constituent Assembly will be of 601 members of which 240 members would be elected on the basis of FPTP system while 335 via the proportional representation system. Rest 26 Members will be nominated by the Prime Minister. It was also decided that whichever party secured maximum number of seats in the elections to Constituent Assembly, will form the new government till the new Constitution is not enforced. Decisions in the Constituent Assembly would be taken on the basis of consensus.

Elections to Constituent Assembly 2008

Elections were finally held in April 2008 only after the interim constitution was amended to adjust the demands of the Maoists. However, the elections were marred by clashes among various political parties viz. Nepali Congress (NC), Communist Party of Nepal (United Marxist Leninist- UML) and CPN (Maoists).

In the elections, the CPN (Moist) emerged as largest party with 200 seats in 601 member constituent assembly. The first meeting of the Constituent Assembly was held on May 28, 2008 and monarchy in Nepal was abolished on the same day. With this, Nepal was turned into an “independent, secular, inclusive, federal, democratic republic with sovereignty and authority entrusted in Nepali people”.

The King was asked to leave the royal palace “Narayanhiti” within 15 days, which was to be turned into an historical museum.

In the 2007 elections, Maoists emerged as victorious. The Maoist leader “Prachanda” won by almost 50% margin from his nearest rival. After victory, the Maoists were so adamant that they did not like to share the posts of PM and president.

The key factor that was responsible for thunderous victory of Maoists was that they were able to mobilise the poor and deprived dalits, tribals and women of Nepal. They focussed on core issues such as demand for inclusion of deprived, federalism, secularism and economic reforms. They demanded abolition of untouchability, which is a big issue in Nepal. They successfully transformed themselves from a militant outfit and repositioned themselves as champions of social justice in the poverty-stricken country. They demanded control of health, education, village development and those things which are directly related to an ordinary man. The Maoist student wing took to the streets to demand free education until the age of 15.

Implications of Victory of CPN (Maoist) in Nepal

Today, Nepal is known for the most successful Maoist insurgency around the world. The victory of CPN (Maoist) brought a paradigm change in the fundamental parameters of politics of Nepal. The democratic politics of Nepal initially became more radical but later, Maoists gave up guerrilla war and joined hands with the Seven Party Alliance for a peaceful and democratic political transition. People of Nepal, who wanted a change, laid their hopes on Maoists for fundamental changes and restructuring of the society.

However, the Maoists had little or no experience of administration either as ruling party or as opposition. Further, they were declared terrorists and Royal Nepal Army was deployed to contain them. Many people became victims of People’s Liberation Army atrocities. The real challenge was to manage the People’s Liberation Army that was cultured to wage a violent struggle against government.

The Madheshi Movement refers to a series of socio-political agitations and reform movements led by the Madheshi people of Nepal, primarily from the Terai or Madhesh region bordering India. The movement seeks greater political representation, social equality, and constitutional recognition for Madheshis, who have historically faced discrimination and exclusion from Nepal’s political, administrative, and security institutions dominated by the hill-based (Pahadi) elite.
The Madheshi Movement has played a pivotal role in reshaping Nepal’s federal and democratic evolution, particularly after the abolition of the monarchy in 2008 and the promulgation of the Constitution of Nepal in 2015.

Background and Demographic Context

The Madhesh (Terai) region is a fertile plain stretching across southern Nepal along the border with India. It is home to diverse communities — including Madheshis, Tharus, and various other ethnic and linguistic groups — who share close cultural and familial ties with populations in northern India (particularly in Bihar and Uttar Pradesh).
Despite contributing significantly to Nepal’s economy, particularly through agriculture and trade, Madheshis have historically been politically marginalised.
Key features of the Madheshi population:

• They constitute roughly 30–35% of Nepal’s total population.
• Speak Maithili, Bhojpuri, Awadhi, and Hindi dialects, along with Nepali.
• Have traditionally been underrepresented in Nepal’s government, civil service, and military.

This systemic exclusion formed the basis for the long-standing Madheshi identity and autonomy movement.

Historical Background of the Movement

The Madheshi political assertion dates back to the early 1950s, but gained momentum after 1990, following the restoration of democracy in Nepal.

1. 1950s – 1980s:
   • The newly formed Nepali state (post-Rana regime) pursued a policy of cultural and linguistic homogenisation, promoting Nepali as the national language and Hinduism as the state religion.
   • Madheshis, because of their Indian cultural ties and linguistic diversity, were often viewed with suspicion and denied full citizenship rights.
2. 1990s – Multiparty Democracy:
   • The restoration of democracy in 1990 brought constitutional reforms, but Madheshis continued to be underrepresented in politics and bureaucracy.
   • Madheshi grievances regarding citizenship, land rights, and identity were largely ignored.
3. Post-2006 Democratic Transition:
   • After the People’s Movement (Jana Andolan II) of 2006 that ended King Gyanendra’s direct rule, hopes for inclusion rose.
   • However, the interim constitution of 2007 failed to adequately address Madheshi demands, triggering widespread protests and the First Madheshi Uprising (2007–2008).

The 2007 Madheshi Movement (First Uprising)

The first major Madheshi Movement erupted in January 2007, led by the Madhesi Jana Adhikar Forum (MJAF) and other local organisations.
Key demands included:

• Proportional representation of Madheshis in state organs (army, police, civil service, judiciary).
• Federal restructuring of Nepal with autonomous Madhesh province.
• Recognition of Madheshi identity and equal citizenship rights.
• Ending discrimination in citizenship laws that disadvantaged Madheshi women and their children.

Outcome:

• The movement resulted in over 50 deaths and widespread unrest.
• The Nepalese government signed an agreement with the Madheshi leaders in August 2007, promising federalism and proportional representation.
• The Interim Constitution was amended (2007) to recognise Nepal as a federal democratic republic, incorporating Madheshi concerns in principle.

The Second Madheshi Movement (2015)

The Second Madheshi Movement erupted after the promulgation of the Constitution of Nepal (2015). Madheshi groups opposed the new constitution, arguing that it institutionalised their marginalisation.
Key grievances:

1. Federal Boundaries:
   • The new constitution divided Madhesh into several provinces, diluting their demographic majority and undermining demands for a single Madhesh province.
2. Representation in Parliament:
   • Electoral provisions were seen as unfairly favouring the hill regions over the densely populated Madhesh.
3. Citizenship Provisions:
   • The constitution made it difficult for children of Nepali women married to foreign nationals (many Madheshi women marry Indians) to acquire citizenship, reinforcing gender and regional discrimination.
4. Inadequate Inclusion:
   • Madheshi parties claimed insufficient guarantees for inclusion in national institutions such as the army, police, and civil service.

Consequences:

• Widespread protests, strikes, and clashes occurred across the Terai region.
• Over 50 people were killed in the unrest.
• Nepal’s southern border with India faced a blockade (2015–16), disrupting supplies of fuel, medicines, and essential goods.

The blockade — perceived in Kathmandu as tacitly supported by India — strained Nepal–India relations.

Role of Madheshi Political Parties

Several political parties and alliances have represented Madheshi interests, including:

• Madhesi Jana Adhikar Forum (MJAF)
• Terai-Madhesh Loktantrik Party (TMLP)
• Sadbhavana Party
• Rastriya Janata Party Nepal (RJPN)
• Federal Socialist Forum Nepal (FSFN)

Over time, these parties have merged, split, and restructured, but they collectively remain influential in advocating for federalism, inclusion, and identity-based politics in Nepal.

Government Response and Reforms

Following intense domestic and international pressure, the Government of Nepal introduced constitutional amendments to address some Madheshi demands:

1. First Amendment (2015):
   • Ensured proportional representation and inclusion of marginalised groups.
   • Revised provisions on electoral constituencies based on population.
2. Second Amendment Proposal (2016):
   • Sought to adjust provincial boundaries and citizenship provisions, but failed to pass due to political opposition.
3. Ongoing Dialogue:
   • Successive governments have continued negotiations with Madheshi leaders, though a lasting settlement remains elusive.

Broader Issues Underlying the Movement

1. Identity and Recognition:
   • The Madheshi demand for recognition as equal citizens reflects a struggle against historical exclusion by the hill-dominated political elite.
2. Representation and Federalism:
   • Central to the movement is the call for proportional representation and federal autonomy that reflects demographic realities.
3. Citizenship and Border Politics:
   • Citizenship laws rooted in fears of “Indian infiltration” continue to disadvantage Madheshis, especially women.
4. Economic and Regional Inequality:
   • Despite being agriculturally rich, Madhesh remains underdeveloped due to poor infrastructure and limited state investment.

Impact of the Madheshi Movement

1. Federal Restructuring:
   • The movement was instrumental in transforming Nepal into a federal democratic republic with seven provinces.
2. Political Inclusion:
   • Increased Madheshi representation in parliament and local governments, although still below proportional levels.
3. Awareness of Identity Politics:
   • Brought national attention to the issues of regional and ethnic exclusion.
4. Strain on Nepal–India Relations:
   • The 2015 blockade and perceived Indian sympathy for Madheshi demands complicated bilateral ties.
5. Ongoing Federal Debate:
   • The movement continues to influence discussions on constitutional amendments and state restructuring.

Challenges and Criticisms

• Fragmentation of Madheshi Leadership: Frequent party splits and leadership rivalries have weakened the movement’s unity.
• Political Instrumentalisation: Critics argue that some leaders use Madheshi identity politics for personal or electoral gains.
• Security and Violence: Protests occasionally turned violent, alienating sections of the public.
• Complex Ethnic Composition: The Madhesh includes multiple ethnic groups (Madheshi, Tharu, Muslim, Dalit), complicating the demand for a single Madhesh province.

The deadline for framing the constitution was extended several times since 2008. During this period, politics of Nepal has been subject to all sorts of factional and political struggles. The Constituent assembly could not draft the constitution in its original and extended total tenure of 4 years. Due to this, the assembly was dissolved in May 2012.

Second Constituent Assembly and Drafting of Constitution

The next Constituent Assembly elections were held in November 2013, and in between this period, politics of Nepal remained in suspension. After the elections, a 2nd Nepalese Constituent Assembly was created.  The major issue in framing the constitution was  absence of consensus between the political parties and Maoists; radical leftists and royalist rights.

Constitution of Nepal 2072

Finally after many years of struggle, Nepal adopted its first democratic Constitution on September 20, 2015. Its salient features are:

• It establishes Nepal as secular and federal democratic republic with bicameral parliament. Country has been split in seven federal provinces.
• Executive rights are vested in Council of Ministers headed by Prime Minister. The President is ceremonial head.
• It establishes independent judiciary and press freedom.
• It establishes competitive multi-party democratic system with periodic elections. Enshrines fundamental rights, civic freedom, human rights, voting rights and full press freedom etc. to its citizens.

It took eight full years after adoption of the interim constitution in 2007 to promulgate the new constitution. With this Nepal now stands as youngest republic in the world. The path to new Constitution was highly strenuous as there was lack of consensus among the legislators.

The Madheshi Crisis refers to the prolonged political and social unrest in Nepal’s southern Terai region, known as Madhesh, stemming from the deep-rooted grievances of the Madheshi people regarding political exclusion, unequal representation, and perceived discrimination by Nepal’s hill-dominated political elite. The crisis reached its peak during the 2015–2016 constitutional crisis, when widespread protests and blockades erupted following the promulgation of the Constitution of Nepal (2015), which Madheshi groups claimed institutionalised their marginalisation.
The Madheshi Crisis is one of the most significant internal political challenges in post-monarchy Nepal, with far-reaching implications for national unity, federalism, and Nepal–India relations.

Historical and Demographic Background

The Madhesh region is a narrow stretch of fertile plains in southern Nepal, bordering the Indian states of Bihar and Uttar Pradesh. It is inhabited by a mix of communities — primarily Madheshis, along with Tharus, Muslims, Dalits, and hill-origin settlers (Pahadis).
Madheshis share close linguistic, cultural, and familial ties with northern India and speak languages such as Maithili, Bhojpuri, and Awadhi. Despite their demographic and economic significance (making up about 30–35% of Nepal’s population), they have historically faced social, political, and administrative marginalisation since the unification of Nepal in the 18th century under Prithvi Narayan Shah.
Madheshis were often viewed as “outsiders” due to their cultural affinity with India and were denied equitable participation in the military, civil service, and political leadership.

Roots of the Madheshi Crisis

1. Historical Exclusion:
   • Nepal’s state-building process under the Shah and Rana regimes centralised power in Kathmandu and promoted hill-centric nationalism, sidelining Madheshis.
   • Citizenship restrictions and bureaucratic barriers prevented many Madheshis from holding land or public office.
2. Identity and Citizenship Issues:
   • Nepal’s citizenship laws historically discriminated against Madheshis, particularly those with cross-border family ties.
   • The 2015 Constitution further complicated citizenship by descent for children of Nepali women married to foreign nationals — a major concern in Madhesh where cross-border marriages are common.
3. Federal Representation and Boundaries:
   • Madheshi groups demand a single autonomous Madhesh province or fair demarcation that reflects population size.
   • The 2015 Constitution divided Madhesh into several provinces, weakening Madheshi political influence.
4. Electoral Imbalance:
   • Electoral constituencies were based on geography rather than population density, giving overrepresentation to sparsely populated hill regions compared to densely populated Madhesh districts.
5. Socio-economic Neglect:
   • Despite being agriculturally productive and economically vital, Madhesh remains underdeveloped with poor infrastructure, education, and healthcare.

The 2015 Constitution and Outbreak of the Crisis

After a decade of political transition following the abolition of monarchy in 2008, Nepal promulgated its new constitution on 20 September 2015. However, Madheshi and Tharu groups immediately rejected it, claiming it:

• Ignored their demand for inclusive federalism.
• Reduced their political representation in parliament.
• Discriminated against Madheshi women in citizenship provisions.
• Failed to ensure proportional representation in national institutions.

The Madheshi Protests (2015–2016):

• Protests erupted across the Terai region, particularly in Birgunj, Janakpur, and Rajbiraj.
• Demonstrations turned violent, leading to more than 50 deaths in clashes between protesters and security forces.
• Protesters blocked highways and key trade routes, leading to the India–Nepal border blockade from September 2015 to February 2016.

The Border Blockade:

• The blockade halted the supply of essential goods, fuel, and medicines to Nepal, causing severe shortages and economic hardship.
• The Nepalese government accused India of supporting or orchestrating the blockade to back Madheshi demands — an allegation India denied, claiming logistical disruptions due to protests on the Nepali side.
• The incident strained Nepal–India relations, which had traditionally been close.

Key Demands of the Madheshi Movement

1. Federal Restructuring:
   • Creation of a single Madhesh province or redrawing of federal boundaries to ensure demographic balance.
2. Proportional Representation:
   • Ensuring fair representation of Madheshis in parliament, army, police, and bureaucracy.
3. Citizenship Rights:
   • Revision of discriminatory citizenship laws, particularly those affecting women and cross-border families.
4. Electoral Justice:
   • Delimitation of constituencies based on population rather than geography.
5. Recognition of Identity:
   • Cultural and linguistic recognition for Madheshi communities, ensuring parity with hill-origin citizens.

Government Response

The government initially adopted a hard-line approach, deploying security forces to suppress protests. However, under national and international pressure, it initiated political dialogue with Madheshi parties.

Key Steps Taken:

1. First Constitutional Amendment (2015):
   • Addressed representation concerns by guaranteeing proportional inclusion in state organs.
   • Revised constituency boundaries to partially reflect population size.
2. Second Amendment Proposal (2016):
   • Aimed to redefine provincial boundaries and citizenship provisions, but failed to secure parliamentary approval.
3. Establishment of Madhesh Province (Province No. 2):
   • Created under the 2015 Constitution, it is the only Nepali province where Madheshis form a majority.

Despite these measures, core demands regarding provincial autonomy and citizenship remain unresolved.

Major Actors

• Madheshi Political Parties:
  • Madhesi Jana Adhikar Forum (MJAF), Terai-Madhesh Loktantrik Party (TMLP), Sadbhavana Party, and later the Rastriya Janata Party Nepal (RJPN) and Federal Socialist Forum Nepal (FSFN).
• Government of Nepal: Led by mainstream parties such as the Nepali Congress and Communist Party of Nepal (Unified Marxist–Leninist).
• India: As a neighbouring country with strong cultural and economic ties to Madhesh, India’s perceived involvement became a contentious issue in Kathmandu’s politics.

Implications of the Madheshi Crisis

1. Political Implications:

• Intensified debates on federalism and inclusion in Nepal’s political discourse.
• Exposed deep-rooted ethnic, linguistic, and regional divides.
• Led to the reconfiguration of political alliances, with Madheshi parties emerging as significant power brokers.

2. Economic Impact:

• The 2015 blockade disrupted trade and supply chains, leading to fuel shortages and inflation.
• Nepal’s GDP growth fell sharply during the period.

3. Social Impact:

• Heightened social polarisation between hill-origin Nepalis and Madheshi communities.
• Increased migration and unemployment in the Terai region.

4. Diplomatic Fallout:

• Created a temporary rift between India and Nepal, pushing Nepal to diversify its foreign relations, especially with China.
• Led to increased debate about external influence in Nepal’s internal affairs.

Current Status

• The Madhesh Province (formerly Province No. 2) symbolises partial recognition of Madheshi identity and political power.
• Madheshi parties have gained representation in the federal parliament and provincial governments.
• Demands for constitutional amendments — especially regarding citizenship rights and federal demarcation — continue.
• Periodic tensions persist, but the movement has shifted from violent protests to institutional political engagement.

Challenges Ahead

1. Incomplete Federal Implementation:
   • Power devolution remains uneven, with the federal government retaining significant control.
2. Citizenship and Identity Issues:
   • Laws continue to disadvantage cross-border families and women.
3. Political Fragmentation:
   • Madheshi parties remain divided, weakening bargaining power.
4. Socio-economic Underdevelopment:
   • Poverty, unemployment, and inadequate infrastructure persist in the region.

The current “Constitution of Nepal 2072” is fifth such constitution and denotes Bikrami year 2072. The first constitution of Nepal was Government of Nepal Act, 1948. This constitution vested all the powers into the hereditary Prime Ministers of the Rana clan. After the Revolution of 1951, an “Interim Government of Nepal Act, 1951” restored the power to the king. This constitution was restored by King Tribhuvan. The third such constitution was promulgated in 1959 before the parliamentary elections by King Mahendra Bikram Shah as “Constitution of Kingdom of Nepal, 1959”. Hover, after the elections, Mahendra dismissed the government and party system and established a partyless Panchayat system under “Constitution of Nepal, 1962”. In this system, the sole power was with the Kings, democracy was absent and forming political parties was illegal. After the Jan Andolan-I revolt, the King Birendra was pressurized to take new constitution and Nepal was thus converted into Constitutional Monarchy. A multiparty system with parliamentary system of government was put in place. After the Jan Andolan-II, the Interim Constitution was adopted in 2007, which provided for an elected Constituent Assembly. In 2008, the Constituent Assembly abolished the monarchy in its very first meeting. In September 2015, the present Constitution of Nepal was promulgated which declared Nepal as federal democratic republican nation. The executive rights of the country are stated to be belonged to the Council of Ministers while the President would be ceremonial head-of-the-state.

Thus, the new Constitution imbibes the principle of democracy in stark contrast to the last one which promulgated state as a constitutional monarchy ruled by a Hindu king.  The new constitution has also ended the chances of revival of monarchy.