Overview of Constitution Amendment Bills of Nepal

Major Amendment Updates on the Constitution of Nepal, 2015 (Sept 20)

1.   First Amendment Bill- Registered on 24 January 2016:

Summary:

Ø  The Legislature-Parliament endorsed the Bill on First Amendment of Constitution of Nepal and amended the country’s charter with two thirds majority 4 months after its promulgation.

Ø  The amendment aimed at resolving the ongoing agitation by the Madhesi parties. The lawmakers of agitating parties, however, boycotted the voting that evening, saying the purported amendment was incomplete and would not address their demands.

Ø  When put to vote, the Bill garnered 461 votes in its favour. Seven lawmakers, including from the Nepal Peasants and Workers Party, voted against it.

Ø  Taking into consideration the demands of the Madhes-based parties, the amendment has included provisions to ensure proportional representation and electoral constituencies based on population. For that, two articles — Article 42 and Article 286 — were amended.

Summary:

Ø  Second time the government worked to amend the new constitution after its promulgation in September last year, but the proposal could not be passed due to agitation in province no. 5, especially due to protests on boundary issues.

Ø  The proposal was backed by most major political parties of Nepal except the main opposition CPN (UML).

Ø  The constitution amendment proposal, included four broad issues, namely 1) redrawing provincial boundaries, 2) recognition of languages, 3) citizenship and 4) representation in the National Assembly in Nepal's constitution.

Ø  The proposal of the second amendment, the demarcation of provinces 4 and 5 were to be changed by swapping some districts. Details follow in the table below.

Ø  On language, the proposal sought to give new languages the status of the national language and include them in the constitution's schedule in line with the report given by the Language Commission formed by the government.

Ø  On Citizenship, the proposal read, 'any foreign woman married to a Nepalese male can obtain naturalized citizenship after she initiates the process to renounce her citizenship of the country of her birth.'

Ø  On the Upper House of the Parliament, the proposal sought to make inclusive representation of one member each from Dalit, woman and minorities or PWDs categories (totaling 21 members at the rate of 3 from each of 7), and the remaining thirty five to be elected on the basis of population of each province. However, the overall number of the representatives of the Upper House remains unchanged as set forth by the constitution (i.e. 59 consisting 56 from Assemblies and 3 from nomination of the President).

3.   Second Amendment (Second proposal)- Registered on 11 April 2017.

Ø  The government withdrew the first proposal of the second constitution amendment bill registered at the House at noon of 11 April, 2017 and registered the second proposal of the second amendment in the evening of 11 April 2017.

Ø  The government decided to register the amendment proposal in a bid to address the concerns of the Madhes-based parties before the local level elections slated for May 14, 2017.

Ø  The second proposal sought to amend eight issues of the old amendment bill. The bill registered, however, does not propose any change in boundary of provinces as suggested by the first proposal of the second amendment bill.

Ø  Among the eight issues, provisions relating to the National Assembly, citizenship and language have been kept intact from the first proposal.

Ø  An issue of amending Article 274 related to alteration of borders has been added in the proposal. The new proposal seeks to make the alterations in boundaries of the States easier as the Bill so introduced needs to be consented by only the States concerned. Previously, such Bill was to be consented by all the State Assemblies.

Ø  Similarly, the Bill proposes to remove representatives of chief and deputy chief of the local level from the electoral college to be formed for the constitution of the National Assembly.

Ø  The new amendment bill has a provision of forming a federal commission to decide on the thorny issues of number of States and alterations in their boundaries.

Article	Before Amendment	First Proposal of the Amendment	Latest Proposal/Remarks
Article 6: Languages of the Nation	'' All languages spoken as the mother tongues in Nepal are the languages of Nepal. ''	''As per Article 6, recommendations shall be made to Nepal Govt in relation to all the mother tongues spoken in Nepal (to be recognized as official language).''	Note: This provision has been still retained in the second proposal as well, as it was proposed in the first attempt of second amendment: ''As per Article 6, recommendations shall be made to Nepal Govt in relation to all the mother tongues spoken in Nepal (to be recognized as official language).''
Article 7: Official Language	This provision did not exist.	New: Upon Language Commission's recommendation of the status of official language, Nepal Government shall include such language(s) in the schedule of the Constitution,	Note: This provision has been still retained in the second proposal as well, as it was proposed in the first attempt of second amendment: ''Upon Language Commission's recommendation of the status of official language, Nepal Government shall include such language(s) in the schedule of the Constitution.'' æEffiff cfof]usf] l;kmfl/;df g]kfn ;/sf/n] ;/sf/L sfdsfhsf] efiff egL lg0f{o ul/Psf efiffx?nfO{ ;+ljwfgsf] cg';"rLdf ;dfj]z ug]{5 . Æ
Schedule 4: State Boundaries	State no. 4: 11 Districts Gorkha, Lamjung, Tahahun, Kaski, Manang, Mustang, Parbat, Syangja, Myagdi, Baglung, Nawalparasi(East of Bardaghat Susta) State no. 5: 12 Districts Nawalparasi(west of Bardaghat Susta) Rupandehi, Kapilbastu, Palpa, Arghakhanchi, Gulmi, Rukum(eastern Part), Rolpa, Pyuthan, Daang, Banke, Bardiya (12 Districts)	State no 4: 17 Districts Gorkha, Lamjung, Tahahun, Kaski, Manang, Mustang, Parbat, Syangja, Myagdi, Baglung, Palpa, Gulmi,Arghakhanchi, Nawalparasi(East of Bardaghat Susta), Rolpa, Pyuthan and Rukum (eastern part) State no. 5: 6 Districts Nawalparasi(west of Bardaghat Susta) Rupandehi, Kapilbastu, Daang, Banke, Bardiya  æ;+ljwfgsf] cg';"rL–$ sf] k|b]z g+= $ / % sf] ;6\6f b]xfosf k|b]z g+= $ / % /flvPsf 5g\ .Æ	Note: This alteration proposal has been dropped in the second attempt of the second amendment in the constitution.
Article 11: To be Citizens of Nepal	(6)    A foreign woman who has a matrimonial relationship with a citizen of Nepal may, if she so wishes, acquire naturalized citizenship of Nepal as provided for in the Federal law.	''6. A foreign woman who has a matrimonial relationship with a citizen of Nepal may, if she so wishes, acquire naturalized citizenship of Nepal after initiating abandonment of citizenship of her country, as provided for in the Federal law.''	Note: This proposal has been still retained in the second attempt as well, as it was proposed in the first attempt of the second amendment: ''6. A foreign woman who has a matrimonial relationship with a citizen of Nepal may, if she so wishes, acquire naturalized citizenship of Nepal after initiating abandonment of citizenship of her country, as provided for in the Federal law.'' Æ-^_ g]kfnL gful/s;FUf j}jflxs ;DaGw sfod u/]sL ljb]zL dlxnfn] rfx]df cfkm\gf] b]zsf] gful/stf TofUg] sf/jfxL rnfP kl5 ;+3Lo sfg"g adf]lhd g]kfnsf] j}jflxs c+uLs[t gful/stf lng ;Sg]5 . Æ
Article 86: Composition of Naitonal Assembly and Terms of office of its members	(2)    The National Assembly shall consist of 59 members as follows:- (a)              Fifty six (56) elected members consisting of at least three women, one Dalit, and one from persons with disability or minorities, ensuring eight members from each state, elected by an electoral college composed of members of State Assembly, chairpersons and vice-chairpersons of the Village Bodies, and Mayors and Deputy Mayors of the Municipalities, with different weightage of vote by members of the State Assembly, chairpersons and vice chairpersons of the Village Bodies and Mayors and Deputy Mayors of the Municipalities, as provided for in the Federal law; (b)              Three members, consisting of at least one woman, nominated by the President on recommendation of the Government of Nepal.	(2)  The National Assembly shall consist of 59 members as follows:-  (a)     Altogether 56 members that comprises twenty one (21) members at the rate of 3 members per state representing at least one woman, one Dalit, and one from persons with disability or minorities,  elected by an electoral college composed of members of State Assembly, chairpersons and vice-chairpersons of the Village Bodies, and Mayors and Deputy Mayors of the Municipalities, with different weightage of  vote by members of the State Assembly, chairpersons and vice chairpersons of the Village Bodies and Mayors and Deputy Mayors of the Municipalities, and Thirty Five (35) members elected on the proportional basis of population of each state. However, of these 35 elected, at least 14 women members shall be represented as per the population ratio of the concerned state. Note:(3x7=21) and + 35 from all 7 provinces on the proportional basis of population= 56 (b)      Three members, consisting of at least one woman, nominated by the President on recommendation of the Government of Nepal.	Note: The second attempt of the second amendment proposes that the electoral college shall have members of the state assemblies only. : ''  (a)        Altogether 56 members that comprises twenty one (21) members at the rate of 3 members per state representing at least one woman, one Dalit, and one from persons with disability or minorities,  elected by an electoral college composed of members of State Assembly, and Thirty Five (35) members elected on the proportional basis of population of each state. However, of these 35 elected, at least 14 women members shall be represented as per the population ratio of the concerned state. æ-@_ -s_  k|b]z ;efsf ;b:o /x]sf] lgjf{rs d08nåf/f k|To]s k|b]zaf6 sDtLdf Ps hgf dlxnf, Ps hgf blnt / Ps hgf ckfËtf ePsf JolQm jf cNk;+Vos;lxt tLt hgfsf b/n] PSsfO; -@!_ hgf / k|To]s k|b]zsf] hg;+Vofsf] cg'kftdf ;+3Lo sfg"g adf]lhd lgjf{lrt x'g] k}+tL; hgf u/L 5kGg hgf . t/ k|b]zaf6 k}tL; hgf ;b:o lgjf{rg ubf{ ;DalGwt k|b]zsf] hg;+Vofsf] c'gkftdf sDtLdf rf}w hgf dlxnf ;d]tsf] k|ltlglwTj x'g] u/L lgjf{lrt ul/g]5 .Æ
Article 274: Amendment to Constitution	''(4) If a Bill introduced pursuant to clause (2) is related with the alteration in the borders of any State or matters set forth in Schedule-6, the Speaker or the Chairperson of the concerned House must send that Bill to the State Assembly for its consent, withing thirty days after its introduction in the Federal Parliament.	Note: First Attempt of the second amendment was focused on amending Schedule 4 of the constitution by swapping districts of the state no. 4 and 5, as shown in the third bullet above.	Note: This is one of the major change in this proposal, aiming to make the alterations of provincial boundaries easier: '' (4) If a Bill introduced pursuant to clause (2) is related with the following matters, the Speaker or the Chairperson of the concerned House must send that Bill to the State Assembly for its consent, within thirty days after its introduction in the Federal Parliament: (a)                  If related to alteration in the borders of the State, the Bill must be sent to State Assemblies of all the concerned States. (b)                  If related to the amendment on matters of Schedule-6 (i.e. list of competencies), the Bill must be sent to all the State Assemblies.
Article 287: Language Commission	(6) The functions, duties and powers of the Language Commission shall be as follows: (a) to determine the criteria to be fulfilled for the recognition of the official language and make recommendations on the languages to the Government of Nepal. (b) to make recommendations to the Government of Nepal, on the measures to be adopted for the protection, promotion and development of languages, (c) …	(a) to determine the criteria to be fulfilled for the recognition of the official language and make recommendations on the languages to the Government of Nepal.	Note: This provision is also one of the major proposals on language issue: (6) The functions, duties and powers of the Language Commission shall be as follows: (a) to determine the criteria to be fulfilled for the recognition of the official language and make recommendations on the languages to the Government of Nepal. ''(a.1) Pursuant to clause 6, a list of all mother tongues spoken in Nepal shall be prepared and recommended to Government of Nepal.'' -s !_ wf/f ^ adf]lhd g]kfndf af]lng] ;a} dft[ efiffx?sf] ;"rL tof/ u/L g]kfn ;/sf/ ;dIf l;kmfl/; ug]{ .
Article added	This provision did not exist.	This proposal was not in the first attempt of the second amendment.	Note: This provision is also one of the new and major proposals on Federal Commission for deciding on provincial boundaries and numbers: Added: "287 (a) Formation of Federal Commission: (1) The Government of Nepal may form a Federal Commission for the purpose of recommending about the matters related to alterations in numbers and boundaries of the States. (2) The mandate and procedure of the federal commission to be formed as per clause (1) shall be as determined by the Government of Nepal during its formation. @*& s ylkPsf] M Æ;+3Lo cfof]usf] u7gM (!) k|b]zsf] ;+Vof tyf ;Ldf+sg x]/km]/ ;DaGwL ljifodf l;kmfl/; ug{ g]kfn ;/sf/n] Ps ;+3Lo cfof]u u7g ug{ ;Sg]5 .Æ
Article 295: Constitution of Federal Commission	(1)    The Government of Nepal may constitute a Federal Commission from making suggestions on matters relating to the boundaries of States.	This proposal was not in the first attempt of the second amendment.	''295: Constitution of a Commission: (Note: The word "federal" is removed from the title.) (1)    Entire Clause - removed
Article 296: Costituent Assembly to be converted into Legislature Paliament:	(4) The legislative power of the State Assembly with respect of matters set forth in Schedule-6 shall, upon the commencement of this constitution, be vested in the Legislature-Parliament set forth in clause (1) until the State Assembly is formed. Any law so made shall be inoperative in relation to that State after one year of the date of formation of the State Assembly set forth in this Constitution.	This proposal was not in the first attempt of the second amendment.	Note: This replacement clause is a major provision to manage the transition: Replaced with: "(4) Powers of the State Assembly may be vested in the Legislature-Parliament as per clause (1) until the formation of State Assemblies as per this constitution". Æ -$_ o; ;+ljwfg adf]lhd k|b]z ;ef u7g geP;Ddsf] nflu k|b]z ;efsf] clwsf/ pkwf/f -!_ adf]lhdsf] Joj:yflksf ;+;bn] k|of]u ug{ ;Sg]5 . Æ Added: "4(a) Laws formulated by exercising the power as per clause 4 shall automatically become void one year after the formation of the State Assembly for the concerned State.'' Æ$ -s_ pkwf/f -$_ adf]lhdsf] clwsf/ k|of]u u/L ag]sf] sfg"g k|b]z ;ef u7g ePsf] ldltn] Ps jif{ kl5 To:tf] k|b]zsf] xsdf :jtM lgis[o x'g]5 .Æ

                                                                              Updated last on 26 May 2017

Lessons that were!

Indulged in our own comfort zones, and living with our routine rush, most of us often tend to forget the ultimate truth of life, the dreary death. I was not an exception to this.  In fact, I was living my life as if I were never to die. But one fine morning of April 25, 2015, I heard my own death whispering from the closest distance. The terrifying earthquake opened-up my eyes and I got wiser with the fear I encountered this day.

It was Saturday and the clock was to strike 12 in the morning. My wife's friend Sabitri had come at ours. Kids were playing downstairs. As usual, I was busy at some works in my laptop. Suddenly, everything around us started trembling and swaying. A strange roaring came from the womb of earth and nothing seemed stable on its surface. The birds flew high and dogs in the neighborhood made unusual barking. Buildings began to crumble and many installations collapsed blowing the  dust all around. The entire atmosphere got gripped with people's frenzy. In just about a minute, the powerful became powerless, the rich became poor and the hopeful turned hopeless.

To me, this frightening experience of earthquake was not only the natural fear but also an awakening call. I got to know many lessons that I had hardly thought of: The power of the divine, helplessness of so called superior humans, and value of life. In fact, everything.

When the earthquake shuddered the ground, it crumbled every conviction of mine. All those popular songs I used to hum to my wife until yesterday bore no meaning whatsover. The promises I had made with her were no longer intact. Because I thought of none other than myself while I had to run out of the room at that point of time. Nothing came to my mind than my own safety. Until yesterday I would often sing a song to my wife; Timi binako jeeban sochna samma ni ma sakdina/ phool bina ko basana sochna samma ni ma sakdina/ baru jawos mero jiwan maya marna ma sakdina (living without you is beyond my thoughts/ fragrance without a flower is beyond my thoughts/ may my life be taken instead, I cannot even think of forgetting you!). But I failed to live up to this song as I so easily forgot her the moment the life-threatening quake challenged me. I could not even utter a word to my better-half to run out of the home. I ran all alone leaving her unattended. Contrary to this, my wife who hardly sang any love song for me or made promises by way of words like mine, followed me without forgetting her promise of 'Ukali Urali haruma bhanjyang ani chautariharuma,.... jaha jaha janchhau timi ma paila bani pachhyairahanchhu (whether you get along passes, or to rural resting-places; wherever you go, I will continue to tread along your footsteps!). I felt ashamed of having acted so selfishly and so foolishly. I knew of my stupid self that day for the first time.

The other lesson I got to learn following this chaotic rehearsal was even more interesting. My next- door neighbor who never bothered to talk to us in the past 10 years, did perform wholesome. It was so perhaps because we were tenants and did not own a house in town, therefore not of his class! But this Saturday earthquake removed his illusions and crumbled his ego too. To my surprise, he seemed to have realization of being 'nobody' before nature's power. He shared with us the stories of his loss inside and outside the house for the first time in 10 years. He came very close to us and appeared very humane. His otherwise swollen ego seemed to have been crushed and his confidence shaken. For me it was a great lesson learnt free of cost that any powerful man can become powerless when nature so causes.

Up to late evening, the horrible news reports from different places further consolidated our fears. The recurrent aftershocks continued to shake our confidence that was already at the lowest. The metro residents of Kathmandu lived with great difficulty during this tragedy but in the face of horror, of loss, of death, of despair, they did not lose the human spirit and hope. Despite all this adversity, they found ways to smile, to laugh, to love, and to cry together. The memory of this day marks a unique page in my life's diary.