Abolition of the monarchy
The IC granted the king’s functions under the 1990 constitution to either the prime
minister or the speaker, but did not abolish the monarchy. There were serious
divisions among Maoists and other political parties on the future of the monarchy
(although the latter had been pressed to agree to its eventual abolition). The third
amendment to the IC provided that Nepal would become a republic, a task to be
fulfilled by the first sitting of parliament. However, the next amendment itself
declared Nepal a republic (in fact a ‘federal democratic republic’), and created the
post of president as head of state, a vice-president and a national trust to which royal
property would be transferred. This left the IC the formal role of declaring Nepal a
republic, as its first act.
The interim constitution
The IC follows the 1990 constitution in many respects. However, a ceremonial
president replaces the king. The legislature is unicameral (having incorporated
members of the previous second chamber in it – except for nominees of the king).
Its title, ‘legislature–parliament’, is a compromise made necessary by, on the one
hand, the Maoists’ preference for the term ‘legislature’, and, on the other, the SPA’s
inclination toward the label ‘parliament’ (which the Maoists objected to as being
too bourgeois). There were specific provisions for the disadvantaged communities,
including autonomy for backward regions, local self-governing bodies and social
inclusion in the army. The state became secular and there was a new definition of
the nation which emphasised its diversity but committed the people to unity and
common values.
5
More liberal, inclusionary rules defined citizenship. Consensus
was emphasised (e.g. in the election of the president, prime minister, appointments
to the cabinet, no vote of no confidence – until amended by the second amend-
ment in June 2007 ).
The rules governing the administration of the state and the making of the new
constitution show a clear intention of the major parties both to control the running
of the country during the interim period and to dominate the constitution-making
process.
Executive
With the transfer of the king’s powers to the Council of Ministers, the executive was
potentially very powerful. However, the principle of consensus and the differences
(^5) ‘Having multi-ethnic, multi-lingual, multi-religious, multi-cultural characteristics with
common aspirations, and being committed to and united by a bond of allegiance to
national independence, integrity, national interest and prosperity of Nepal, all the Nepali
people collectively constitute the nation’ (Art. 3 ).