The King versus the People: The Abolition of Monarchy and Constitution Making in Nepal

Abstract

The abolition of the institution of monarchy on May 28, 2008 marks a turning point in the political and constitutional history of Nepal. This saga of constitutional development exemplifies the systemic conflict between people s aspirations for democracy and kings ambitions for unlimited power. With the abolition of the monarchy, the process of making a new constitution for the Republic of Nepal has started under the auspices of the Constituent Assembly of Nepal. This paper primarily examines the reasons or causes behind the abolition of monarchy in Nepal. It analyzes the three main reasons for the abolition of monarchy. First, it argues that frequent slights and attacks to constitutionalism by the Nepalese kings had brought the institution of the monarchy to its end. The continuous failures of the early democratic government and the Supreme Court of Nepal in bringing the monarchy within the constitutional framework emphatically weakened the fledgling democracy, but these failures eventually became fatal to the monarchical institution itself. Second, it analyzes the indirect but crucial role of India in the abolition of monarchy. Third, it explains the ten-year-long Maoist insurgency and how the people s movement culminated with its final blow to the monarchy. Furthermore, this paper also analyzes why the peace and constitution writing process has yet to take concrete shape or make significant process, despite the abolition of the monarchy. Finally, it concludes by recapitulating the main arguments of the paper.

Nepal's Attempt to Escape Asymmetrical Interdependence with India

“…These differences of identities have made the country's political system unstable. Political parties provoking these differences for their survival-oriented strategies has resulted in producing adverse political condition in Nepal which is further worsened by the "intolerable political ideologies, schematic party loyalties, and the emerging issue of ethnic identity" (Bhandari. 2012).…”

Democratisation in Asia-Pacific Monarchies: Drivers and Impediments

“…45-46). In an earlier article, Bhandari (2012) argues that the abuse of power by the monarchs over 240 years suppressed people's rights and liberties. The kings, accordingly, "planted the seed of their demise" (2012, p. 12).…”

“…Like Bhutan, Nepal has had to weigh up its foreign relationships based on its landlocked, mountainous location between India and China. India has been a constant and influential presence at critical junctures in Nepal's path to democracy (Bhandari, 2012). Yet the relationship is particularly tricky (Chaturvedy & Malone, 2012).…”

“…In Bhutan and Tonga the monarchy (under kings Jigme Singye and George V) played a key role in leading democratisation. In contrast, it can be argued that the monarchs of Thailand (see Nattapoll 2010, p. 173) and Nepal (see Bhandari, 2012) never embraced democracy. A contrary view sees King Bhumibol of Thailand as an advocate for democracy and protector of the people, at least at times of crisis.…”