Question

4 There implementation of federalism in Nepal are some challenges for the effectiva Make a list of them​

Answer 1

Explanation:

1. Background:

After 10 years armed conflict and 19 days people's movement, Nepal has entered to the

phase of making a new constitution. It is evident that new constitution will not only be a

democratic, also will be federal and inclusive too. Though the idea of federalism was mooted in

Nepal around the 1990s when Constitution of the Kingdom of Nepal 1990 was framed, but at

that time it got no importance. Establishment of the multi-party democracy, and parliamentary

system were the major political issue of that time. Nepal has been exercising a unitary and

centralized system for more than 240 years. During this period rulers always preferred to the

concentration of power and opposed to every effort of the devolution of power. During

Panchayat and Parliamentary period decentralization was adopted as the constitutional provision

but no sincere efforts were made to implement such provisions. Even the legal instruments like

Local Self-Government Act were not properly used to implement the provision made in the

constitution.

The successful completion of the Second People's movement brought two basic issues to

the fore. That was Republic and Federalism. The constitutional amendments made after

constituent assembly elections declared Nepal a Federal Republic. Now a vast majority of the

people stands infavour of these provisions. As its result, 240 year old monarchy is abolished by

the parliament and country is involved in to the debate what sort of federal structure is to be

adopted for Nepal? In regard to this issue many diverse views prevail in Nepalese politics. This

paper is intended to throw light on the issues and challenges to proposed federalism in Nepal.

2. Notion of Federalism:

Federalism is a territorial distribution of power based on the sharing of sovereignty

between central (usually national) bodies and peripheral ones. The term federalism was

originated from the Latin term "foedus" means unions.1

Federalism is based on the assumption

that its constituent parts are to a considerable degree self organized and self managed. The

generally common structural characteristics of federations, as a specific form of federal political

systems are the following;

• - at least two orders of government, one for the whole federation and the other for the
• regional units, each acting directly on its citizens;
• - a formal constitutional distribution of legislative and executive authority and
• allocation of revenue resources between the two orders of government ensuring some
• areas of genuine autonomy for each other;

• - provisions for the designated representation of distinct regional views within the
• federal policy-making institutions, usually provided by the particular form of the
• federal second chamber;
• - a supreme written constitution not unilaterally amendable and requiring the consent
• for amendments of a significant proportion of the constituent units;
• - an umpire (in the form of courts, provisions for referendums, or an upper house with
• special powers);