Constitutional Change and the Quest for Legal Inclusion in Nepal

Abstract

The chapter analyses Nepal’s current post-conflict constitution-making endeavours in light of the increasing politicisation of socio-cultural identity along ethno-linguistic, regional, gender, religious, and caste-based lines. The analysis concentrates on the relationship between constitutional rights and the changing definition of the Nepali nation in the 1990 Constitution, the 2007 Interim Constitution and the ongoing discussions within the Constituent Assembly. The chapter’s central question is to what extent Nepal’s ongoing ‘constitutional re-design’ towards an institutionalised politics of recognition through legal reform can effectively tackle the country’s historical imbalances and social inequalities.