Background
The Constitution of Nepal, 1959, was a significant document in Nepal’s history. It was the first democratic constitution of the country. It established a parliamentary system, which means that the government was elected by the people.
Under this constitution, Nepal had a bicameral legislature, consisting of the House of Representatives and the National Assembly. This setup aimed to make the government more accountable to the people.
The 1959 Constitution also included important rights for citizens, such as freedom of speech, press, and assembly. These rights were new for Nepal at the time and were intended to make the country more democratic.
The Constitution tried to promote social and economic reforms, including land reforms to help poor farmers and improve living conditions.
However, the Constitution had several problems. It faced political instability, with frequent changes in government. The King of Nepal still had significant powers, such as the ability to dissolve Parliament, which created conflicts with the democratic system.
Political participation was also limited, as only a few parties dominated the political scene. The Constitution lasted only a short time before being suspended in 1960 when King Mahendra took over and ended the democratic system.
In summary, the 1959 Constitution was a bold attempt to introduce democracy in Nepal. While it had many progressive features, it faced challenges that prevented it from achieving its full potential.
Main Features of The Constitution of Nepal, 1959
- Parliamentary System: The Constitution established a parliamentary system of government, where the executive branch was accountable to the legislature. It created a bicameral legislature consisting of two houses:
- House of Representatives: This was the lower house, directly elected by the people.
- National Assembly: This was the upper house, consisting of members appointed by the King and elected by local bodies.
- Role of the Monarch: The King of Nepal retained significant powers under the Constitution, including the authority to dissolve Parliament and appoint the Prime Minister. The monarchy thus continued to play a central role in governance.
- Fundamental Rights: The Constitution recognized and guaranteed several fundamental rights for the citizens, including:
- Freedom of speech
- Freedom of press
- Freedom of assembly
- Freedom of association
- Right to equality before the law
- Executive Power: The executive branch was headed by the Prime Minister, who was appointed by the King but needed the confidence of the House of Representatives to remain in office. This created a system of checks and balances between the executive and legislative branches.
- Judiciary: The Constitution provided for an independent judiciary, which was responsible for interpreting laws and resolving disputes. It aimed to ensure that the rule of law was upheld and that justice was administered fairly.
- Land Reforms: The Constitution aimed to address social inequalities through land reforms, including measures to improve the conditions of farmers and redistribute land to reduce economic disparities.
- Economic and Social Goals: It outlined goals for economic development and social welfare, seeking to modernize Nepal’s economy and improve living standards for its citizens.
Advantages of the Constitution of Nepal, 1959
1. Introduction of Parliamentary Democracy
One of the most notable benefits of the 1959 Constitution was its establishment of a parliamentary system. The Constitution introduced a democratic framework where power was derived from the people rather than being vested solely in the monarchy. It set up a bicameral legislature, comprising the House of Representatives and the National Assembly, which allowed for a more representative and accountable governance structure.
2. Promotion of Civil Liberties and Rights
The 1959 Constitution was groundbreaking in its recognition of fundamental rights and freedoms. It enshrined principles such as freedom of speech, press, and assembly. The inclusion of these rights was a significant step forward in promoting civil liberties, contributing to a more open and participatory political environment.
3. Establishment of Rule of Law
By introducing a formal legal framework, the Constitution laid the groundwork for the rule of law in Nepal. It provided a clear separation of powers among the executive, legislative, and judiciary branches, which is essential for the effective functioning of a democratic system. This separation aimed to prevent the concentration of power and reduce the likelihood of arbitrary rule.
4. Economic and Social Reforms
The 1959 Constitution also aimed to address social inequalities and promote economic development. It provided for land reforms and the creation of a welfare state, which were intended to improve the standard of living for many Nepalese citizens. These reforms were part of a broader agenda to modernize Nepal’s economy and infrastructure.
Disadvantages of the Constitution of Nepal, 1959
1. Instability and Frequent Changes
Despite its progressive features, the 1959 Constitution faced significant challenges. One major issue was political instability. The Constitution was in effect for a relatively short period, and frequent changes in government led to uncertainty and inefficiency. The inability to maintain a stable political environment undermined the effectiveness of the democratic institutions it established.
2. Concentration of Power in the Monarchy
While the Constitution introduced democratic elements, it still maintained significant powers for the monarchy. The King retained substantial authority, including the power to dissolve the Parliament. This dual power structure created tension between the democratic institutions and the monarchy, leading to conflicts and contributing to the eventual dissolution of the democratic setup.
3. Limitations on Political Participation
Although the 1959 Constitution aimed to be inclusive, there were limitations in terms of political participation. The political landscape was dominated by a few political parties, and the electoral process was not fully representative of the diverse population. This limitation hindered the effective representation of all segments of society.
4. Short-Lived and Inadequate Implementation
The Constitution was relatively short-lived, lasting only until 1960. Its abrupt termination by King Mahendra’s coup d’état, which led to the dissolution of the democratic institutions, highlighted the challenges of implementing and sustaining democratic frameworks in the face of authoritarian opposition. The lack of continuity and the failure to fully implement its provisions meant that many of its potential benefits were not realized.
Conclusion
The Constitution of Nepal, 1959, was a pioneering document that sought to usher in an era of democratic governance, civil liberties, and legal reforms. Its introduction of parliamentary democracy and recognition of fundamental rights were significant achievements that laid the groundwork for future democratic efforts. However, the Constitution also faced notable challenges, including political instability, concentration of power in the monarchy, and limitations on political participation. The eventual dissolution of the democratic framework underscored the difficulties in sustaining democratic institutions in Nepal’s complex political landscape.
Overall, while the 1959 Constitution had its shortcomings, its legacy is a testament to Nepal’s ongoing struggle and aspiration for democratic governance. The lessons learned from its implementation continue to influence Nepalese political reforms and the development of its current constitutional framework.
