Decentralization/Federalism – 2007
2007
Some progress was made towards restructuring the state after this problem was recognized by the interim constitution. The interim constitution made the following provisions:
PART 4
RESPONSIBILITIES, DIRECTIVE PRINCIPLES AND POLICIES OF THE STATE
33. Responsibilities of the State: The State shall have the following responsibilities:
(d) To carry out an inclusive, democratic and progressive restructuring of the State by eliminating its existing form of centralized and unitary structure in order to address the problems related to women, Dalits, indigenous tribes, Madeshis, oppressed and minority community and other disadvantaged groups, by eliminating class, caste, language, sex, culture, religion and regional discriminations.
PART 17
FORM OF STATE AND LOCAL SELF GOVERNANCE
138. Progressive Restructuring of the State: (1) Inclusive, democratic and progressive restructuring of the state shall be made to bring about an end of the discrimination based on class, caste, language, sex, culture, religion and region by eliminating the centralized and unitary form of the state.
(2) A High Level Commission shall be constituted to recommend for the restructuring of the State in accordance with clause (1) above. The composition, function, duty, power and terms of service of such Commission shall be as determined by the Government of Nepal.
(3) Final decision of restructuring of the State shall be as determined by the Constituent Assembly.
These provisions to the interim constitution, however, needed to be enforced in order to create federal units. Since the CA elections did not take place in 2007, the restructuring of the state did not occur.
The state reconstruction, from unitary to a federal republic, remained a contentious issue along all party and ethnic lines. Madesh groups in the Terai, Limbu, and Rais regions in the east were involved in violent activities. These groups demanded an autonomous state.1 Along with the division caused by the outbreak of violence based on ethnic identity, the political parties remained divided over federalism. The Maoist party was the clearest in laying out a plan for the creation of federal units. The party formed 11 federal-state and 3 federal-sub-state committees.2