Constitutional development in Nepal & it’s analytical review (Part-IV, The Constitution of Nepal 1962)

The Constitution of Nepal 1962, also known as the Panchayat Constitution, marks a significant chapter in the political history of Nepal. Promulgated on December 16, 1962, under the direct authority of King Mahendra, this constitution laid the foundation for a party-less political system that would dominate the country for nearly three decades. The period of the Panchayat system that followed was marked by both stability and repression, development initiatives and political suppression, as Nepal navigated its way through the complexities of governance in the mid-20th century.

Historical Context

The promulgation of the 1962 constitution came in the wake of a major political upheaval. In 1960, King Mahendra dismissed the democratically elected government of Prime Minister Bishweshwar Prasad Koirala, dissolved the parliament, and suspended the 1959 constitution. Citing inefficiency, corruption, and a threat to national unity, King Mahendra justified his actions as necessary to safeguard the nation. In its place, he introduced the party-less Panchayat system through the 1962 constitution, which was designed to concentrate power within the monarchy while ostensibly promoting national development and unity.

Key Features of the 1962 Constitution

1. Panchayat System: The 1962 constitution established the Panchayat system as the central structure of governance in Nepal. It was a party-less political system where political activities were strictly confined within the Panchayat framework. The system was intended to create a “guided democracy,” where the King retained ultimate authority.
2. Four-Tiered Governance Structure:
   • Village/Town Panchayats: The lowest level of governance, responsible for local administration.
   • District Panchayats: A step above the local Panchayats, overseeing broader administrative functions.
   • Zonal Panchayats: Representing larger geographical areas, these bodies coordinated district-level activities.
   • Rastriya Panchayat (National Legislature): The national legislative body, which was indirectly elected and functioned under the oversight of the King.
3. Centralized Power in the Monarchy: The constitution granted the King extensive powers, including the authority to appoint and dismiss the Prime Minister and ministers, dissolve the Rastriya Panchayat, and issue ordinances. The King was the supreme executive authority and held significant influence over the judiciary and legislative processes.
4. No Political Parties: The constitution explicitly banned political parties, which were seen as divisive forces. All political activities had to take place within the framework of the Panchayat system, which effectively marginalized any opposition to the monarchy.
5. Limited Fundamental Rights: While the constitution guaranteed certain fundamental rights, these were heavily curtailed. The state retained the power to restrict these rights in the name of national security, public order, or the interests of the monarchy.
6. Judicial System: The judiciary was not entirely independent under this constitution. The King had the power to appoint judges and overrule judicial decisions, thereby limiting the judiciary’s ability to act as a check on executive power.

Merits of the Constitution of Nepal 1962

1. Political Stability: The Panchayat system brought a degree of political stability to Nepal after the chaotic post-1959 period. The centralized power structure under the King allowed for consistent governance without the challenges posed by competing political parties.
2. Development Focus: The 1962 constitution and the Panchayat system emphasized national development, particularly in rural areas. The government initiated numerous development projects in infrastructure, education, healthcare, and agriculture, which contributed to some socio-economic progress.
3. Promotion of National Unity: The constitution sought to foster national unity by downplaying ethnic, linguistic, and regional differences. The centralized governance model was designed to create a cohesive national identity, which was seen as essential for maintaining the integrity of the state.
4. Clear Governance Structure: The four-tier Panchayat system provided a clear and structured form of governance, with defined roles and responsibilities at the local, district, zonal, and national levels. This structure facilitated the implementation of government policies across the country.

Demerits of the Constitution of Nepal 1962

1. Authoritarianism: The 1962 constitution entrenched an authoritarian regime by concentrating power in the monarchy. The King’s control over all branches of government stifled democratic processes and suppressed political freedoms. This autocratic rule led to widespread disenchantment among the populace.
2. Suppression of Political Rights: The ban on political parties and the restrictions on political activities severely curtailed citizens’ political rights. The inability to form or join political parties, coupled with the lack of free expression, created an environment of fear and repression.
3. Lack of Public Participation: The Panchayat system limited genuine public participation in governance. While it allowed for some representation through the Panchayat bodies, these were tightly controlled, and real power remained with the monarchy and the elite class.
4. Ethnic and Regional Marginalization: The constitution’s emphasis on national unity often came at the expense of acknowledging Nepal’s ethnic and regional diversity. Many ethnic and regional groups felt excluded from the political process, leading to growing discontent and setting the stage for future conflicts.
5. Judicial Independence Compromised: The judiciary under the 1962 constitution was compromised by the King’s significant influence over judicial appointments and decisions. This lack of judicial independence undermined the rule of law and eroded public trust in the justice system.

Impact on Nepali Politics

The Constitution of Nepal 1962 had far-reaching implications for the country’s political landscape. It established a centralized and authoritarian regime that suppressed political freedoms and limited public participation, leading to widespread disillusionment among the people. While the Panchayat system did bring a measure of stability and development, it also laid the groundwork for future unrest. The repression of political rights and the exclusion of marginalized groups from the political process contributed to the rise of opposition movements, ultimately culminating in the 1990 People’s Movement (Jana Andolan), which led to the overthrow of the Panchayat system and the restoration of multiparty democracy in Nepal.

The legacy of the 1962 constitution is complex. On the one hand, it represents a period of relative stability and development; on the other, it is remembered for its authoritarianism and suppression of democratic aspirations. The lessons learned from this period have profoundly shaped Nepal’s subsequent constitutional and political developments, as the country continues to grapple with the challenges of governance, inclusion, and democracy.