Implementation of Federalism in Nepal: The Devil is in the Detail

Main Article Content

Robert Brian Smith
https://orcid.org/0000-0002-3369-1106
Nucharee Nuchkoom Smith
https://orcid.org/0000-0001-9739-615X

Abstract

After a long period of instability, Nepal adopted a new Constitution in 2015, creating a multiparty federal republic. Previously Nepal had been a unitary state,  albeit with a long period of political instability and insurgencies. In 2017 the two competing communist parties merged to form the ruling Nepal Communist Party (NCP), which operated with a 2/3rd majority in the House of Representatives. The implementation of federalism has been slow and uneven. Despite assurances to the contrary, the government’s response to the COVID-19 pandemic has been lacking, with Constitutional obligations ignored. The machinations of the then Prime Minister have exacerbated this, apparently supported by the President to overcome constitutional norms to keep the Prime Minister in power. The paper analyses the devolution of powers to the provincial and local levels described in the constitution. There have been successes and failures. There appeared to be a concerted effort from the federal parliament and some in the bureaucracy to continue to centralize power. This early inaction has hindered its response to the pandemic. Of even more concern is the then prime minister's role as he sought to maintain his hold on power by ignoring the provisions of the Constitution.    

Article Details

How to Cite
Smith, R. B., & Smith, N. N. (2022). Implementation of Federalism in Nepal: The Devil is in the Detail. Lex Scientia Law Review, 6(2), 223-264. https://doi.org/10.15294/lesrev.v6i1.54437
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Articles
Author Biographies

Robert Brian Smith, University of New England

Dr Robert Brian Smith graduated with a BSc in 1969 and has undertaken postgraduate studies in Education, Engineering and Law. He holds a PhD in engineering and is currently a PhD candidate in law at the University of New England, Australia. Since April 2012, he has been a full-time international development consultant working in Southeast and South Asia giving him unique insights into the development needs of least developed and developing economies.

Nucharee Nuchkoom Smith, Kasetsart University

Dr Nucharee Nucharee Smith graduated with degrees in Law and Political Science in Thailand. She graduated with a Master of International Trade and Commerce Law and a PhD in International Trade Law in Australia. Nucharee is currently working as an Assistant Professor, Kasetsart University, Thailand. She was also an Assistant Professor in International Law at Walailak University, Thailand from 2018-2021.   From 1997 to 2011, she was an Academic/Legal Officer to the Standing Committee on Foreign Affairs of the House of Representatives, Thailand. This occurred during one of the most turbulent periods in Thai parliamentary history.

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