Federalism and State

Restructuring in Nepal

By Anju Lamichhane

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Contents

I. Background 3 – 4

II. Constituent Assembly and its Responsibilities 4 – 5

III. Federalism and State Restructuring 5

IV. Federalism in Nepal 5 – 6

V. Proposal and Debate of State Restructuring in Nepal 7 – 10

VI. Conclusion 10

Reference 11 – 12

Annex

1: List of 18 Contentious Issues 13

2: 14 Zones and 75 Development Districts 14

3: Terai, Hill and Himalayan Region 15

4: Five Development Regions 16

5: Social diversity according to Ethnicity 17

6: Social diversity according to Language 18

7: Social diversity according to Caste 19

8: Nepal – Proposed 14 Federal Units 20

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I. BACKGROUND

Nepal was ruled by Shah Dynasty, after King Prithivi Narayan Shah unified many small

kingdoms. Following the popular uprising in April 2006 to end king Gyanendra’s autocratic rule

and restore multi-party democracy in Nepal, the Seven Party Alliance (SPA)1 and the Unified

Communist Party of Nepal – Maoist (UCPN-M)2 ratified the Comprehensive Peace Agreement

(CPA) on November 21, 2006. The agreement helped end the armed conflict and placed

constitutional change at the heart of the peace process. As a result, the new Interim Constitution3

was promulgated in January 2007. The Interim Parliament and interim government were formed

in March-April 2007, including representatives of the UCPN-M. Additionally, all parties agreed

to hold Constituent Assembly (CA) elections tasked with drafting a permanent constitution and

state restructuring.

The Interim Constitution commits the CA to restructure the state "to bring about an end to

discrimination based on class, caste, language, sex, culture, religion and region by eliminating

the centralized and unitary form of the state"4 and included an amendment stating “a federal

system of government” as a national objective.5

On April 10, 2008, the first elections in Nepal for the CA were held to elect 601 members with

240 members from First Pass the Post system, 335 from Proportional Representation system and

26 nominated by the council of Ministers on consensual basis from among those important

personalities who were making significant contribution to the nation and from underrepresented

indigenous communities and ethnic groups. The results of CA election were shocking, since the

UCPN-M won a majority of seats while well-established parties such as the Nepali Congress

(NC) and the Communist Party of Nepal – United Marxist Leninists (CPN–UML) performed

below expectations. In its first meeting on May 28, 2008, the CA, composed of representatives

from 25 political parties, proclaimed Nepal as a Federal Democratic Republic State. Following

this, king Gyanendra was formally abdicated from the throne. Peacefully ending Nepal’s 239

years-old monarchy system.

1 The Alliance includes the Nepali Congress (NC), Nepali Congress Democratic (NC-D), The Communist Party

Nepal – United Marxist Leninist (CPN-UML or UML) and four smaller coalition partners, including the Nepal

Workers and Peasants Party (NWPP), the People’s Front of Nepal (PFN), the United Left Front (ULF), and the

regionally-based Nepal Sadbhavana Party (Anand Devi).

2 The Unified Communist Party of Nepal (Maoist) was previously the Communist Party of Nepal (Maoist), until it

formally unified with the Communist Party of Nepal (Masal) in January 2009, resulting in its full, current name: the

Unified Communist Party of Nepal (Maoist)

3 All together Nepal have experienced six different Constitutions - 1848, 1951, 1959, 1962, 1990 and 2007 (Interim

Constitution)

4 Interim Constitution of Nepal, Article 138 (1), 2007

5 On December 28, 2007 the Interim Parliament passed the third amendment bill to the Interim Constitution by an

overwhelming majority, declaring Nepal a federal democratic republic, subject to endorsement by the first meeting

of the Constituent Assembly. In addition, the decision was made to abolish the monarchy immediately after

elections. Following these agreements, the UCPN-M re-joined the government.

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On July 23, 2008 prominent leader of the NC, Ram Baran Yadav was sworn in as the first

President of Nepal and on August 15, 2008 chairman of the UCPN-M, Pushpa Kamal Dahal was

elected as the Prime Minister (PM) of Nepal. However, on May 4, 2009 PM Dahal resigned after

his government's decision to sack the army chief was scuttled by the President. Following the

resignation of Pushpa Kamal Dahal, on May 25, 2009, former General Secretary of CPN-UML,

Madav Kumar Nepal was appointed as the next PM of Nepal.

According to the Interim Constitution of Nepal, new constitution was suppose to be drafted by

May 28, 2010, however due to the political disputes over the demarcation of provinces and

minority rights, the forms of government, the electoral systems, the distribution of powers, the

independence of judiciary, and the integration of former Maoist combatants issues, CA members

could not complete the constitution and hence the eighth amendment bill was passed to the

Interim Constitution on May 28, 2010 with the extension of the CA for a year (till May 28,

2011). The extension of the CA was possible when three major parties (UCPN-M, NC & CPN-

UML) agreed on a three-point deal6. On July 18, 2010, CA unanimously approved the new

calendar for constitution writing process, and as per the new schedule, the new constitution will

be promulgated by mid-April 2011. However, the next PM of Nepal is yet to be decided after

PM Madhav Kumar Nepal resigned on June 30, 2010 as per the three-point deal.

II. CONSTITUENT ASSEMBLY AND ITS RESPONSIBILITIES

Early in the process, the CA formed 11 committees7 that were responsible to draft the specified

part of the constitution. The CA members of each committee were assigned to write a concept

paper that provided the information that they thought should be in the new constitution. One of

the 11 committees and probably the most important, the Constitutional Committee (CC) has the

responsibility to condense all the papers into one draft Constitution that include all provisions.

The CC has formed a ten-member sub-committee, to recommend a preliminary table of contents

for the new constitution. During the past months, all 11 CA thematic committees have submitted

their respective preliminary reports to the parliament, the first most participatory constitution

building body in the Nepalese history. With the completion of these tasks, political and

constitutional experts, including the Chairman of the CA, claim that 70 percent of work of 6 1) Commitment on consensus and cooperation to take the peace process to a logical conclusion and complete the

remaining tasks of the peace process and accomplish the historic responsibility of writing a new constitution without

delay. 2) Agreement on extending the term of the Constituent Assembly by one year. 3)Prime minister resignation

before the formation of national consensus government

7 1) Committee for Restructuring the State and Sharing of State Power (2) Committee on Judiciary (3) Committee on

Natural Resources, Economics Rights and Sharing of Revenues (4) Committee for Determining the Structure of

Legislative Bodies (5) Committee for Determining the Structure of Governance of State (6) Fundamental rights and

Directive Principle Committee (7) Committee for the protection of the Rights of Minority and Marginalized

Community (8) Committee for Determining the Structure of Constitutional Bodies (9) Committee for Preserving

National Interest (10) Committee for Determining the Basis of Cultural and Social Solidarity (11) Constitutional

Committee

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constitution writing process has been completed. Stake holders and lawmakers have initiated the

tasks of analyzing the contentious issues of the reports presented by the thematic committee.

There are altogether 18 contentious issues8 that are yet to be agreed upon. According to the

Article 70 (3) of the Interim constitution 2007, the political parties need to work seriously on

existing contentious issues.

III. FEDERALISM AND STATE RESTRUCTURING

Federalism is a system of division of power from top to bottom and bottom to top in terms of

decision making and people’s access to government. It does not mean the division of land, but

resources and system of governance. Federalism distributes authority and power, and divides the

rights. A federal system emphasizes on protecting the priorities and distinct characteristics of the

provinces/states. It also plays a vital role in bringing discrimination and inequality to an end

through economic and social inclusion. Federalism also means the collaboration of various tiers

of governments or distribution of state authority among them. Federalism is also defined as a

unity that is characterized by freedom and autonomy. To name a few, Germany, Australia,

Switzerland and Canada, have adopted federalism successfully and are counted among the

developed nations of the world. In other words, federalism is adopted to ensure people’s right to

development. Out of some 26 nations that have adopted a federal system of governance, Austria,

Spain, Sudan, Nigeria, Belgium and Ethiopia become federal states lately.

Adopting once federal structure and again returning to unitary system are also seen in practice in

the world. Countries like Czechoslovakia, Socialist Republic of Yugoslavia, Cameroon and

Uganda returned to unitary system being unable to sustain the federal system.

IV. FEDERALISM IN NEPAL

Nepal has only two levels of Government at present: Central and the District. The designation

and delimitation on the existing districts was made in 1961 by late king Mahendra Bir Bikram

Shah Dev with 14 Zones and 75 Development Districts9 for the purpose of socio-economic

development. Economic self sufficiency, ease of access and transport, creation of linear group of

districts along the northern border based on their unique cultural identity, comparable population

size and recognition of historical traditions were the criteria used in delimitation of the districts.

Districts were also categorized into Mountain, Hill and Terai10

. The 14 zones identified

comprised groups of district representing the major geographical regions of Nepal to serve the

purpose of National Integration. In a long run, some adjustments were made in the boundaries

and names of the districts but basic frame remains the same till today. In 1970, the country was

divided into four and later five Development Regions11

for the purpose of reducing regional

inequalities. However, due to the huge disparity in the power sharing in the tiers of government,

Nepal is now looking to devolve towards Federal Unit from unitary regime.

8 See Annex 1

9 See Annex 2

10 See Annex 3

11 See Annex 4

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Federalism was a long-awaited agenda in Nepal and the issue of it was raised time and again by

various political leaders, especially by, Madhesi12

leaders but it did not grab political attention.

Later it was taken up by the United Communist Party of Nepal - Maoist. The reasons behind

federalizing a unitary state are as follows:

• Diversity of Nepal; exploitation meted out on the ground of language, caste, community

religion, culture, geography, religion and gender

• To establish sense of belonging, ownership and proximity with the state among people of all

regions

• The main agenda of Madhesh Movement (2006) that erupted for equality and against

discrimination meted out by the unitary feudal state on social, economic, political, linguistic

and cultural grounds with injustice and exploitations,

• Demand for equal rights and equal access to economic opportunity and also the demand for

caste based, linguistic and cultural identity, protest raised by women and gender related

activities, and equal distribution of services, facilities and development.

Most parties seem to be committed to federalism, but there has been limited dialogue or

discussion of what exactly this new structure mean for the country, in particularly for the

majority of people living outside of the capital city Kathmandu with limited access to media and

communications.

Nepal has huge plurality of social diversity. According to 2001 Census, there are 59 Ethnic

groups13

, 92 different languages14

, 103 distinct caste/ethnic groups15

. The question is how we

deal with this diversity.

The past constitutions were written in an environment where a dominant political party was in a

position to shape the new political regime. But the present constitution, being interlinked with

the unfinished business of peace process between the multi-party government and UCPN-M

former combatants, add more challenges.

12

Multi Lingual, multi ethnic non hill community living in plain land (Terai) and inner Terai areas of Nepal

identified mainly on the basis of their distinct culture and traditions and social values.

13

See Annex 5

14

See Annex 6

15

The phrase "Hindu Caste System" conflates two entirely different concepts - the Varna (class/group) theoretical

scheme based on idealized Brahminical traditions, and the system prevalent throughout the Nepalese society since

historical times. See Annex 7 for data.

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V. PROPOSAL AND DEBATE OF STATE RESTRUCTURING IN NEPAL

The Interim Constitution states the aspirations of indigenous ethnic groups, backward

(marginalized) people, Madhesis for autonomous provinces and therefore Nepal became a

federal democratic republic state. The provinces shall be autonomous. The CA shall determine

the number, boundary, names and structures of the autonomous provinces with distribution of

powers and resources, maintaining the sovereignty, unity and integrity of Nepal.

Following the above provision, the CA defined terms of references of the committee on

restructuring of the state and distribution of state power as follows:

• Structure of the federal democratic republic of the state

• Principle and grounds for delineation of federal units

• Demarcation of every federal unit and giving them names

• Distribution of power between the legislative, executive and judiciary of the different levels

of government of federal units

• List of the power of different levels of federal units and determine the common list

• Determine the inter-relationship between the legislature, executive and judiciary between

federal units

• Determine the resolution of disputes that may arise between federal units

• Other necessary things relating to the work of the Committee.

Following the terms of reference, 'Committee on State restructuring and Distribution of State

Power' purposed:

1) Three levels of federal structures namely the Federal, Provincial and Local level

Government. State powers shall be exercised through the federation, province, local levels

and special structures by the exercise of legislative, executive and judicial powers.

2) The country shall be restructured into 14 Provinces16

. The identity was primary basis for

determination of provinces whereas capability was secondary basis. Any changes on the

provinces can be made upon the two-third majority, or referendum in concerned provinces in

case of failure of the approval in the federal legislation.

3) The capital of the federation shall be determined by the federal legislature. Village

Communities and Municipalities, the numbers, boundaries and the name of local level bodies

as the third structure will be determined by the concerned province through a high level

commission within a year of formation of provincial government with the standards

prescribed by the federal government.

16

See Annex 8

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4) There shall be special Autonomous Regions17

, Protectorate Regions18

and Special Regions19

.

The committee has purposed 23 autonomous regions20

. Indigenous people and Madhesi

people shall be entitled to right to self-determination with regards to politics, culture,

religion, language, education and so on.

5) Priority should be given by the political parties in the election and provincial government for

the period of two years to the largest ethnic group in a province demarcated on the basis of

ethnicity, and political preferential rights should be given to the autonomous region to lead

position in the government for the period of two election term.

6) The federal relations are to be based on principles of co-operation, co-existence and co-

ordination. The powers of each structure are designed and separated from each other. The

Federation shall have power to issue instructions with regards to coordination between units.

Head of the state holds power to caution, suspend or dissolve a province acts on a manner

that would put at risk the sovereignty, integrity and peace and order of the country.

7) Dispute between federal units shall be solved by the federal legislature which will act on

recommendation of inter-provincial council chaired by executive head of federation. Dispute

between province and local level shall be resolved by the provincial legislature. Federation

shall manage inter-provincial relations and it may also draft provincial laws affecting relation

between two or more provinces if required.

8) There will be Constitutional Court to hear the disputes between Province and other

structures. The number of local level shall be as provided by provincial laws which shall be

determined on the basis of geographical convenience. Size of village committees and

municipalities shall be expanded and powers will be devolved to them in such a way to

replace concept of district.

After the 'Committee on State restructuring and Distribution of State Power' came with their first

draft on State Restructuring, there has been controversy among the political parties. The Nepali

Congress (NC) and Communist Party Nepal – United Marxist Leninist (CPN-UML), have been

claiming that the division of provinces on the basis of caste and ethnicity might disintegrate the

nation while Madhes-based political parties have been demanding the ‘entire Madhes (Terai) as a

single province.’ The main opposition UCPN-M has been backing the proposed idea.

17

An area which is populated densely by a particular caste/community or linguistic group

18

Area targeting the protection and promotion of caste, community, cultural group, endangered or marginalized

group.

19

Economically and socially backward communities who are left while such structuring.

20

Kochila, Jhagad/Urau, Dhimal, Meche, Danthal, Lepche, Yakhya, Chepang, Dura, Kumal, Danwar, Pahari,

Thami, Majhi, Baram, Thamli, Chhantyal, Sunuwar, Danuwar, Surel, Jirel, Helmu, Vyasi.

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State Restructuring experts argue that the concept paper provides three levels of government

making a huge gap between province and local level government by removing the concept of

districts in between. It has limited the local level government to village committees and

municipalities. Adopting the federal system with 14 provinces may create challenges in

constitution and capacity in view of economic, geographical and social facts. The bases of

demarcation of provinces as decided by the committee were identity and economic strength. But

the provinces were demarcated primarily on the ethnic line. Though it tends to resolve ethnic

problems, it may invite conflict and undermine national cohesion as society is socially and

ethnically mixed.

Constitutional lawyers argue that the division of state on the ethnic line and giving privilege to a

particular caste may invite conflict among different castes as Nigeria21

is facing the same

problem where several genocidal crimes have taken place. Experts stressed on proper research

and study before going for the federal set up as it is the best way to empower and involve people

in the development process or state building. The field of government is divided between a

general authority and regional authorities which are not subordinated to one another, but co-

ordinated with each other.

Most of the legal experts argue that Nepal is a small, underdeveloped and poor nation. The rising

persistent cost is very low. With one more government at the provincial level with all the

supplies – civil service, police system, all three branches of government, constitutional bodies –

the overall administrative and recurrent public expenditure will shoot up with no appropriate

growth in income. Hardly any revenue surplus will remain for development activities and

redistribution to poorer provinces. Those extolling the virtues of federalism assert that it will

reduce regional disparities and banish poverty. But, when federating regions are allowed to

compete with each other based on their respective strength, more resourceful regions will

naturally benefit more and grow faster. This could accentuate regional disparities. These realities

will lead one to suggest the imperative of a strong central authority with power of fiscal re-

distribution. Resources – natural or human – are unevenly distributed between territories and

provinces. So is the revenue potential. Consideration of equity and social justice demand that

minimum of state services in fields like education, health, roads, power and other socio-

economic services are uniformly provided to all regions with central intervention. Obviously,

poorer units will need central support, which can be transferred from better-off provinces

through fiscal mechanism.

Recently, experts are debating about the implementation of Non-territorial Federalism22

.

Countries like Belgium, Cyprus, Newzeland (Maori) and Norway (Sami) practice Non-

Territorial Federalism. In the context of Nepal, federalism may not address the aspirations for

autonomy of many dispersed groups. Non-territorial federalism can provide autonomy to

territorially dispersed groups. This idea emerged to address the rights to protect the dispersed

21

Creation of Local Government areas and Ethnic Conflict in Nigeria: The Case of Warri, Delta State by Ukoha

Ukiwo.

22 Ascribed from Mahendra lawati; guest editor of the recently released volume of ‘Himalaya’ the focus on

Ethnicity, Inequality and Politics of Nepal.

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group’s personal cultural issues. Non Territorial mechanisms for Dalits23

whose concerns, needs

and aspirations are not directly addressed by the purposed territorial federal model, it should be

pointed out that even no-territorial federalism may not be as useful for them as it could be for

groups like Muslims who are culturally much more differentiated than the dominated group like

Dalits. According to the experts, a central body could be formed through an election where

Dalits all over the country vote. The body will be awarded with rights to decide over Dalits

issues and budget to implement activities that it seeks to promote. The bodies will deliver and

decide on behalf of Dalits and represent them in negotiations with the state, regions and other

groups. But there is doubt whether the restructuring committee and political parties will turn

these issues into action.

VI. CONCLUSION

Looking at all these issues and challenges, now it is the job of Constituent Assembly Members

and Political leaders, lawyers, other stake holders involved in the constitution-writing process, to

accommodate Nepal’s diverse identity groups within a new federal system and pay careful

attention to citizens' desires on issues such as: education, jobs, access to the state, use of

language, preservation of culture, political representation, uplifting minorities, ending

discrimination, access to justice etc. On the important issue of federalism, most citizens lack

impartial and accurate information about how a new federal system will affect their lives. Those

who favor federalism seem to support federalism because they believe that it will result in

decentralization and thus there will be greater access to decision-making, state services, and

equitable representation. At the same time, other citizens who are against federalism express

concerns regarding it, saying that it may “disintegrate” the country, result in communal conflict,

“cut off” the flow of people and goods, or “trap” people within underdeveloped states.

The information vacuum on federalism that exists has provided some space for; indigenous

peoples’ organizations which support ethnic-based federalism and who are against-federalism

like; Rastriya Janamorcha (National People's Front) party. Therefore, there is a need for

awareness campaign on federalism at local level by emphasizing on the pros and cons of

federalism, providing basic information regarding the constitutional ongoing debates and update

regarding progress, point of agreement and disagreement within political parties.

To ensure that the constitution is accepted by the people of Nepal, the CA must prepare to

address citizens' desires and expectations. The public consultation provides a good opportunity

for the CA to inform citizens about their work and the provisions likely to be included in the new

constitution. For the broad acceptance of the new constitution, the issues raised by indigenous

and marginalized groups that are outside the constitutional process should be known.

The Nepalese nation-state should be based on federalism with the governing system in the

structure of self rule with the rights and responsibilities among the governments of various tiers.

The building of new institution in the form of integrated, indivisible and sovereign nation on the

basis of geographical, caste-based, linguistic, cultural and regional autonomy must be the main

23

A community that suffers from social, economic, educational or political discrimination on the basis of

ssuntouchables as practiced in the Hindu Varna system

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theme. And also by resetting the internal boundaries like development regions, districts,

municipalities and villages by keeping intact the national border can be understood as

restructuring of State in Nepalese context.

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REFERENCES

National Census of Nepal 2001, produced by the government of Nepal National Planning

Commission, Central Bureau of Statistics.

The Constitution Assembly Rules, 2008

Interim Constitution of Nepal 2007

The Constituent Assembly (Conduct of Busyness of Legislature-Parliament, Calendar of

Operation

Federalism: An Introduction, George Anderson,

Comprehensive Peace Accord November 21, 2006, Concluded between the Government of

Nepal and the Communist Party of Nepal (Maoist)

Press Statement of Eight point Agreement between Seven Political Party Alliance and

Communist Party Nepal (Maoist), May 16, 2006

The Code of Conduct for Ceasefire agreed between the Government of Nepal and Communist

Party of Nepal (Maoist), May 26, 2006

12 point Understanding between the Sven Political Alliance and Nepal Communist Party

(Maoist), November 22, 2005

Concept Paper and Preliminary Draft of Restructuring of State and Distribution of State Power

Commentary Note on Restructuring of State and Distribution of Power

Creation of Local Government areas and Ethnic Conflict in Nigeria: The Case of Warri, Delta

State by Ukoha Ukiwo

Challenges of Federalism: Dr. Ram Sharan Mahat

Sample Constitution of Nepal, 2009: Dr. Bipin Adhikari

Federal System of Government and Restructuring of State: Advocate Chandrakant Gywali

Book on Peace Process and Federalism in Nepal, experiences, reflections and learning, published

on the occasion of 50 years of Nepal Swiss Cooperation, August 2009: Bishnu Raj Upreti,

Nicole Töpperwien, and Markus Heiniger.

Commentary Notes on the concept papers and preliminary drafts of the thematic committees of

the constituent assembly (Part –1 & 2): International Idea, Nepal Law Society, Constituent

Assembly Secretariat. Published in 24 January 2010

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Constituent Assembly Dialogue Bulletin, January-April 2010, Women in Good Governance,

Nepal Constitution Foundation & International IDEA

Federalism and State Restructuring in Nepal, the challenge for the Constituent Assembly, Report

of a conference organized by the Constitutional Advisory Support Unit, UNDP, 23-24 March,

2007.

Federal System, Participatory Constutution Building in Nepal, Booklet series 2, Centre for

Constitutional Dialogue (CCD), 2009

Designing the Federal State report 2008 by UNDP- Constitutional Advisory Support Unit

(CASU) & German Technical Cooperation (GTZ)

http://www.informaworld.com/smpp/content~db=all~content=a791688028

http://findarticles.com/p/articles/mi_m1TSD/is_2_5/ai_n25012655/

http://www.ccd.org.np/new/resources/CA_schedule_10_amd_ENG.pdf

http://www.ccd.org.np/new/index.php?cipid=11

http://www.forumfed.org/en/federalism/introduction.php

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=8761

http://himalaya.socanth.cam.ac.uk/collections/journals/cartercenter/pdf/CC_2010_02_22.pdf

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Annex 1: List of 18 Contentious Issues

1. What would be governance system of the country like?

2. How would the Council of Ministries be formed?

3. Who would be the chairperson of the Council of Ministers? The President or the Prime Minister?

4. Would the Head of the State be executive or ceremonial?

5. Would there be both the Head of the State and the Prime Minster (or not)?

6. How should the Head of the State and the Prime Minister be elected?

7. How would the Head of the State and the Prime Minister cease to be in office?

8. Whether or not the principles of basic structures should be accepted as expressly stated?

9. Should the Federal legislature be unicameral or bi-cameral? What should they be called? How many

members should there be?

10. What should be the elections of the Federal Legislature like? What should be the basis of the

representation – (both) population and geography, or only the population?

11. Who should have the right to define the constitution? Should Legislature be the body to appoint and

remove the judges, or a separate mechanism should be made for it? What provisions should be there

to appoint the chief justice of the Supreme Court? Should the appointment be made from the serving

judges, or provision should also be made to appoint the CJ from outside?

12. The Interim Constitution of Nepal 2007 has a provision of setting up a high-level commission to

advise on state-restructuring , however, despite repeated requests made even before the existence of

the Constituent Assembly it has not resulted in the formation of the commission, which has resulted

in the preparation of a preliminary draft on it by the State Restructuring Committee. Questions

regarding the setting up of the commission are still being asked. And, since there is no unanimity on

the committee’s report on state restructuring, how should the way out to be found on this issue, which

will be acceptable to all?

13. Should the provincial legislature be unicameral or bi-cameral.? How many members should be there

and what should be the election system?

14. Should the Central mechanism or the province deal with the appointment and transfer of high court

judges?

15. What should be the criteria for foreign citizens to acquire Nepali citizenship who marries a Nepali

citizen?

16. Should Nepal’s national languages be determined? If so, which languages should be determined as

national languages?

17. Which language should be the language of official (including the language of the law courts)

business?

18. How should the issues relating to the right to self determination and preferential right be addressed in

the constitution?

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Annex 2: 14 Zones and 75 Development Districts

Mechi Lumbini

Koshi Dhawalagiri

Sagarmatha Rapti

Janakpur Karnali

Bagmati Bheri

Narayani Seti

Gandaki Mahakali

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Annex 3: Terai, Hill and Himalayan Region

Terai Region

Hill Region

Himalayan Region

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Annex 4: Five Development Regions

Eastern Region

Central Region

Western Region

Mid Western Region

Far Western Region

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Annex 5: Social diversity according to Ethnicity

Government has identified 59 ethnic groups with total population of 8, 454,782 (37% of total

population) 18 in mountain region, 24 in hill and 17 in Terai region.

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Annex 6: Social diversity according to Language

According to the 2001 national census, 92 different living languages are spoken in Nepal (93rd

category was "unidentified"). The major languages of Nepal (percent spoken as mother tongue)

are Nepali (46%)(2009 est.), Maithili (13%), Bhojpuri (8%), Tharu (5%), Tamang (5%),

Newari/Nepal Bhasa (3%), Magar (2%), Awadhi (2%), Rai (2.79%), Limbu (1%), and Bajjika

(1%). The remaining 81 languages are each spoken as mother tongue by less than one percent.

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Annex 7: Social diversity according to Caste

The major caste/ethnic groups identified by the 2001 census are Khas, Kshatriya or Chhetri

(15.8%) and Khas Brahmin or Bahun (12.7%) in the hills (both Caucasian, counted separately

from the same castes in the Terai), Magar (7.1%), Tharu (6.8%), Tamang (5.6%), Newar (5.5%),

Muslim (4.3%), Kami (3.9%), Rai (2.7%), Gurung (2.5%), and Damai/Dholi (2.4%). The

remaining 92 caste/ethnic groups each constitute less than 2 % of the population. The following

chart is based on endogamous ethnicity, not linguistically ethnic groups.

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Annex 8: Nepal – Proposed 14 Federal Units