Problem with Nepal’s Constitution Assembly: How the System Fuels Instability and Corruption

Nepal Constitution Assembly Problems

Nepal’s constitution was meant to bring stability, inclusion, and progress after decades of political struggle. Instead, it has created instability, corruption, and a constant stream of government changes.

The biggest problem lies in the House of Representatives and how its members are chosen through a mixed electoral system that combines First-Past-The-Post (FPTP) and Proportional Representation (PR).

In this article, we’ll break down exactly how the system works, why it fails, and why Nepal continues to cycle through governments at a record pace.

In Summary

  • Nepal’s constitution gives too much power to party leaders through the PR system.
  • The closed-list PR system allows elites to recycle the same politicians repeatedly.
  • Nepal has had 32 governments since 1990 and three different governments in 2024 alone — showing how unstable the system is.
  • Countries like Italy, Sri Lanka, and New Zealand have faced similar PR problems, but Nepal’s case is even worse due to complex quotas and corruption.
  • Constitutional rules on citizenship, inclusion, and federalism are also deeply flawed, fueling dissatisfaction among marginalized groups.

How Nepal’s Electoral System Works (And Why It Fails)

Nepal’s House of Representatives has 275 members, selected in two ways:

FPTP (Direct Voting) – 165 Seats

Nepal is divided into 165 constituencies. Voters directly vote for individual candidates, and the candidate with the most votes wins.

Example: If Candidate A gets 40% of the votes, Candidate B gets 35%, and Candidate C gets 25%, Candidate A still wins.

This part is straightforward and connects MPs directly to the people. The problem starts with the second system.

Proportional Representation (PR) – 110 Seats

The entire country is treated as one giant constituency.

Voters don’t pick candidates (they vote only for the same old hawa pawa party).

The party leadership decides which individuals get the seats (talk about the irony). This is called a closed-list system, meaning voters have no say in who represents them.

Let me explain it with an example:

The Election Commission uses a formula to divide these 110 seats among parties based on total votes. Parties then handpick who fills those seats, starting from the top of their private lists.

Why PR Creates Corruption and Elite Control

The PR system was designed to ensure diversity and give women, Dalits, indigenous groups, Madhesis, Muslims, and other marginalized communities a voice. In theory, it sounds really good.

It was created with the hope that, finally, the voices of the oppressed will be heard.

But in reality, it has become a playground for party elites.

Here’s how it works in practice:

  • Party leaders control the list completely, so only their loyalists or relatives get top spots.
  • Voters have no idea which individuals they are actually voting for.
  • Politicians who lost FPTP elections still get into Parliament through PR, bypassing the people’s choice. (just like some people using a VPN to use Facebook in Nepal)

I know it’s hard to believe, but let me give you some Real Examples from the 2022 Elections:

  • Arzu Rana Deuba (wife of ex-PM Sher Bahadur Deuba) entered Parliament through the women’s quota list.
  • Krishna Bahadur Mahara, a former Speaker facing corruption allegations, got a PR seat.
  • Bimalendra Nidhi, who has been in power multiple times, was again placed on the PR list.
  • Even Nain Kala Thapa, wife of a top UML leader, made it through PR.

This shows how the system has been hijacked by elites, defeating its original purpose of representation.

Political Instability by the Numbers

Since adopting this mixed system, Nepal’s political scene has been in chaos. The stats are shocking:

  • 32 different governments since 1990
  • 13 governments in just 16 years since becoming a federal republic (2008–2024)
  • 12 prime ministers since 2008 (average tenure only 1.3 years)
  • Three government changes in 2024 alone

Real Timeline of Recent Chaos (2022–2024)

  • Dec 2022: Prachanda becomes Prime Minister with UML support, breaking his pre-election alliance with Nepali Congress.
  • March 2024: Prachanda switches sides and rejoins Nepali Congress, forming a new coalition.
  • July 2024: UML pulls out, Prachanda is forced out, and KP Oli becomes PM for the fourth time.

Three coalition changes and two no-confidence votes in just 18 months.

How This Is Hurting Our Country

Policy Disruption

The government spends months just forming cabinets instead of working for the people.

Example: The Deuba government (2021-2022) took three months to expand its cabinet and delivered no meaningful reforms in six months.

Poor Service Delivery

Teachers protested for weeks because the School Education Bill wasn’t presented on time. Some ministries have had three different ministers at the same time, leading to chaos.

Foreign Policy Mess

Nepal took seven years to finalize its Belt and Road Initiative plans with China because of constant government changes.

Other Major Problems in Nepal’s Constitution

The electoral system isn’t the only issue. Nepal’s constitution has several other flaws:

Unenforceable Rights

Nepal’s 2015 Constitution was praised internationally for being progressive and people-centered. It guarantees 31 fundamental rights, including the right to food, shelter, health care, education, employment, and social security.

On paper, this sounds incredible — a true safety net for every citizen.
But here’s the problem: most of these rights exist only on paper and not in real life.

In reality, these rights are unimplemented, underfunded, and practically unreachable for ordinary Nepalis. This has turned the constitution’s grand promises into empty words, creating frustration and distrust among citizens.

The biggest problem lies in the gap between promises and implementation.

  • In September 2018, Nepal’s parliament met its constitutional deadline by passing 16 separate laws to enforce these rights.
  • However, passing laws wasn’t enough — these laws needed regulations and systems to make them work.
  • As of 2024, only one regulation (Right to Employment) has been fully created.
  • This means 15 fundamental rights still have no working rules, leaving citizens powerless to claim them.

Bottom line: For over six years, most constitutional rights have existed only in theory, not in practice.

Real-Life Examples of Rights That Don’t Work

1. Right to Free Education

What the Constitution Says:
Article 31 promises every citizen “compulsory and free basic education” and free education up to the secondary level.

What’s Really Happening:

  • Despite the law, no government school in Nepal is truly free.
  • Parents are forced to pay fees for exams, school activities, and even basic services.
  • Three out of four students end up paying directly or indirectly for education.
  • Over 212,000 children are still out of school, even though education is declared a fundamental right.
  • The government says it needs Rs 197.84 billion every year to make free education a reality — but the budget just isn’t there.

Reality Check:
The promise of free education has become a dream rather than a reality.

2. Right to Health

What the Constitution Says:
Every person has the right to basic health care and cannot be denied emergency treatment.

What’s Really Happening:

  • During COVID-19, the health system completely collapsed:
    • No oxygen, no ICU beds, no ventilators.
    • Private hospitals charged sky-high fees despite government orders.
  • The Supreme Court issued repeated rulings demanding better health services, but the government ignored them.
  • Quality health care remains exclusive to the wealthy, while millions are left behind.

Reality Check:
When a pandemic struck, Nepal’s promise of health care for all vanished overnight, exposing the system’s fragility.

3. Right to Social Security

What the Constitution Says:
Article 34 guarantees social security for senior citizens, the poor, disabled persons, and marginalized communities.

What’s Really Happening:

  • The government launched a contributory social security scheme, but it has mostly failed.
  • Informal sector workers — who make up most of Nepal’s workforce — are still excluded.
  • Poor awareness, weak digital systems, and lack of coordination have stalled progress.
  • Corruption and misuse of funds have destroyed public trust.

Reality Check:
For the majority of citizens, social security remains out of reach, even though it’s a constitutional right.

Why These Rights Stay Unenforced

1. Laws That Lead Nowhere

Many of the constitutional laws are incomplete by design:

  • They say rights will be enforced only after more detailed regulations are written.
  • Those regulations have never been created, leaving a legal vacuum.
  • This gives politicians an easy excuse: they can say the rights exist, while never actually delivering them.

2. Lack of Resources

Nepal is still a developing country with limited financial capacity:

  • Many of these rights require huge budgets — far more than the government currently has.
  • Without proper funding, the promises become unrealistic wish lists rather than practical policies.

3. No Political Will

  • Successive governments have shown little interest in making these rights real.
  • Political leaders are too focused on staying in power and forming coalitions rather than serving citizens.
  • Even Supreme Court orders are often ignored, showing a deep lack of accountability.

Former Chief Justice Kalyan Shrestha summarized the problem perfectly:

“The constitution has guaranteed fundamental rights, but most citizens cannot enjoy them because the regulations required to enforce these rights have never been made.”

This reflects a larger issue: a constitution that looks good internationally but fails its own people domestically.

Judicial Political Influence:

Judge appointments are heavily influenced by politics, weakening the rule of law.

Federalism Without Clarity:

Nepal’s move to federalism is incomplete, leaving many regions without proper autonomy.

No Directly Elected Prime Minister or President

This one must be the worst problem in our constitution. We are unable to select our own prime minister.

Lessons from Other Countries

Nepal isn’t alone. Other nations have also struggled with PR systems:

Italy

  • Pure PR caused 53 governments in 47 years (1946-1993).
  • Italy had to reform its system three times to reduce instability.

Sri Lanka

Closed-list PR allowed political horse trading, where MPs constantly switched sides for personal gain.

New Zealand

Even in a developed country, many voters don’t understand how PR works.

Small parties hold disproportionate power, similar to Nepal’s kingmaker problem.

Why Nepal’s Case Is Worse

Nepal’s PR issues are amplified by:

  • Complex quota rules that parties exploit for their own benefit.
  • Extreme diversity — 142 castes, 125 languages, and 10 religions — making coalition-building even harder.
  • Development needs — Nepal desperately needs stable governance to fight poverty and build infrastructure, but PR ensures constant political chaos.
  • The Self-Reinforcing Cycle of Failure
  • Unstable coalitions form after every election.
  • Government collapses before policies are implemented.
  • Citizens grow frustrated and distrust the system.
  • Party leaders exploit this distrust to form new coalitions, starting the cycle over again.

To wrap up this blog, let me quote what political analyst Bimala Rai Paudyal said:

Making and breaking coalitions have become a norm in Nepali politics, resulting in political instability, fragmentation, and unstable governments.

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