मन्तव्य
नेपाल कन्स्टिट्युसन फाउण्डेसनद्वारा स्व. मुर्धन्य कानुनविद् देवनाथ प्रसाद बर्माको सम्झनामा सम्पन्न गरिएको पुनरावेदन अदालतको नेपाली प्रयोग, यसका सैद्धान्तिक एवम् व्यवहारिक पक्षहरु एवम् सुधारका सम्भावना सम्बन्धी प्रस्तुतिहरु कानुन क्षेत्रका सबैका लागि सुरुचिपूर्ण छन् ।

नेपालमा पुनरावेदन अदालत

पुस्तक आकारमा तिनलाई एकत्रित गरी छापिएको यो संगालोले स्व. बर्मालाई कानुन क्षेत्रका एक मार्गदर्शक व्यक्तिका रुपमा पुनः सम्झाउनुका साथै परिवर्तित सन्दर्भ एवम् नयाँ संविधान निर्माणमा अल्झिएको नेपालमा पर्याप्त रुपमा छलफल हुनुपर्ने पुनरावेदन अदालत सम्बन्धी व्यवस्थालाई अध्ययन गर्नुपर्ने तर्फ सम्बद्ध सबैलाई झकझक्याउने आशा गर्न सकिन्छ । त्यस्तै यो पुस्तक मेमोरियल लेक्चरको प्रयोग सम्बन्धमा कानुन क्षेत्रमा देखिएको एउटा नौलो प्रयास पनि हो । यी दुवै सन्दर्भमा यो पुस्तकले आफ्नो उद्देश्य पूरा गर्न सकेको मैले पाएको छु ।

यो पुस्तक सम्पादन गर्ने सहकर्मी साथीहरु संविधानविद् डा. विपिन अधिकारी तथा सहप्राध्यापक गणेशदत्त भट्टलाई हार्दिक धन्यवाद दिन चाहन्छु । उहाँहरुको मेहनतबाट उपरोक्त विषयसँग सम्बन्धित कानुनी सुधारको प्रक्रियामा महत्वपूर्ण योगदान पुग्न जानेछ भन्नुमा कुनै अतिशयोक्ति हुने छैन । यसमा वहाँहरुको प्रशस्त मेहनत र कटिबद्धता देख्न सकिन्छ । यो प्रयासले निरन्तरता पाओस् भन्ने मेरो शुभकामना छ ।

डा. सूर्य ढुंगेल
वि.सं. २०६९ साउन २० 

Munshi Shew Shunker Singh & Pandit Shri Gunanand, Nepal: History of the Country and the People (New Delhi: Cosmo Publications, 1983) (Originally London: Cambridge University Press, 1877) (Edited by Daniel Wright)

Originally published in 1877, the book Nepal: History of the Country and People, translated by Munshi Shew Shunker Singh and Pandit Shri Gunanand, is one of the earliest accounts of the country. The book is the translation of Vansavali or Genealogical History of Nepal.

The original manuscript of the book, according to editor Daniel Wright, was written in Parbate with an admixture of Sanskrit and Newari and was in the possession of Professor Cowell, a scholar of Sanskrit, at Cambridge. Wright also mentions about another draft, “or at all events a similar work, recognized by the Gorkhas and the Hindu races of the country, and its copies were in the British Museum and the University Library of Cambridge.”

The history of Nepal, as covered by the book, is basically the history of the valley of Kathmandu. It is a mix of myths, stories handed down from the past, and some truths and realities. Beginning with the mythological period of the history and extending through the Satya, Treta and Dwapar ages, the book contains numerous curious legends regarding the temples, towns, and holy places of the country.

Editor Daniel Wright, who had the opportunity to spend ten years in Kathmandu Valley, has topped up the book with his Introductory Sketch. In its preface, he has pointed out that the translator Shew Shunker Singh, who was the Mir Munshi attached to the British Residency in Kathmandu at that time, had lived in Nepal for nearly thirty years. The Munshi was assisted, when necessary, by Pandit Shri Gunanand, a native of Nepal, residing at Patan, and whose ancestors, for many generations, according to Daniel Wright, have been compilers of this history. Wright has admitted that he himself was not an oriental scholar and had nothing to do with the translation beyond revisiting it for publication and adding a few notes regarding the customs and places mentioned. According to him, the illustrations in the book are copies of drawings. These drawings were made for him by a native and the portraits photographs taken by a friend.

The book makes an interesting read. It states that even though the country is small in its size, it possess a great variety of races in its population, the principals being Gorkhas, decidedly the best-dressed part of the population, Newars, Magars, Gurungs, Limbus, Kirats, Bhotelis and Lepchas. The Khas and Magar castes have been described as those who came to the Valley with King Mukunda Sen, a brave and powerful monarch. They introduced ‘sinki’ and ‘hakuwa’ rice in the valley. All Nepalese, according to the book, consume a large quantity of tea, which is imported from Tibet, as much as possible. Hinting at absence of educational provisions, it has been pointed out that the subject of schools and colleges may be treated in Nepal as briefly as that of “snakes in Ireland.” Commenting on the sanitary situation, Daniel Wright speaks aloud: “Kathmandu may be said to be built on a dunghill in the middle of latrines.”

This is probably the only book based on Nepal that explains why Nepal has been traditionally described as the country cursed by a ‘sati.’ As the story is given, King Laxmi Narsinha Malla of Kantipur was served by a Kaji named Bhima Malla, who was his great well-wisher. He established thirty-two shops in the city and also sent Nepalese traders to Bhot. He visited Lhasa and sent back to Kantipur a large quantity of gold and silver. He also negotiated with Lhasa authority to return the property of Nepalese subjects dying there to the Nepalese government. Kaji Bhim Malla also brought Kuti, a Tibetan village, under the jurisdiction of Nepal. His services to the King were thus immense. He was even desirous of extending the rule of Laxmi Narsinha Malla, the 16th century King who is attributed of building the Kasthmandap (Maru Sattal) in 1595, over the whole country. However, some people behind the scene persuaded the King that Bhima Malla was aiming at making himself King, and hence, the King put him to death. His wife became a sati and uttered the curse, “May there never be ‘bibeka’ (sound judgment) in this durbar.” The authors of this 1877 book quickly acknowledge in the foot note below: “And her curse seems to have stuck to the country to the present time.” The year 1877 was also the year when Prime Minister Jung Bahadur Rana, who has been frequently referred to in the book, died, creating another wave of instabilities in the country.

Daniel Wright points out in the Introductory Sketch that Nepalese lawyers are not held in much estimation in the country. As the chief justice got a very meager salary of some two hundred rupees a month, the inducements for bribery and corruption were great. As a point of solace, Wright mentions that making an appeal to the Council, which practically means Sir Jung Bahadur, “justice is on the whole pretty fairly administered.” To Jung Bahadur’s credit, Wright clarifies that the old savage code of punishments, which involved mutilations and stripes among other methods, was abolished. 

“Though the poor, people in general are contented [in Nepal] they have few taxes to pay, and their customs and prejudices are not interfered with. Justice is fairly administered, and the ‘law’s delays’ are by no means so great as in more civilized regions. There are no legal harpies to foment litigation, no municipal corporations, no road-funds, no educational taxes, nor any of the thousand and one innovations that so exasperate the subjects of British India …In extradition cases, unless the Nepalese are utterly indifferent in the matter, it is almost impossible to obtain the arrest of a criminal.”

In the Appendix, Daniel Wright has pulled together the list of his great collection of Sanskrit manuscripts bought through the Pandits residing at Bhatgaon and Kathmandu. Some of them are believed to be among the oldest, if not the very oldest, Sanskrit manuscripts in Europe. The book has immense historical value. In the end, the worth of the book must be judged by what it has captured from the mythological or the real history of Nepal.

 

Ludwig F. Stiller, S. J., Nepal: Growth of a Nation (Kathmandu: Human Resources Development Center, 1993)

Ludwig F. Stiller, S. J. is not a new name in Nepal. He was a famous American Nepalese historian who produced a couple of distinguished books on Nepal’s history. The theme of the present work, Nepal: Growth of a Nation, published in 1993, is broad and challenging. It talks about the land and people of Nepal, the vision of the country and its leadership, the politics for profit, control and centralization, and the new awakening. The author covers these themes through the last two hundred years of Nepalese history.

In the opening paragraph of the book, the author states that “the Nepalese nation was born against improbable odds. In the most difficult terrain imaginable, the Nepalese achieved unity and then withstood the British threat to rule South Asia. Today, landlocked and hedged in by great powers, the Nepalese still proudly assert their independence in the family of nations. At home, their chief concern is development. Internationally, though Nepalese troops are everywhere respected, the Nepalese stand for nonalignment and peace. In fact, few have attained the peace the Nepalese enjoy.” Here, the author is speaking his mind about the country as it was in 1993.

The book has fourteen small chapters. Chapter I deals with the land of Nepal and its people. It is based mainly on chapters 1, 2 and 3 of the author’s 1973 book, entitled The Rise of the House of Gorkha. Chapter II deals with the Founder of modern Nepal, King Prithvi Narayan Shah, who unified the smaller principalities in Nepal to form a strong country. The unifier, Stiller mentions, “respected and worked with the regional, cultural, social and fiscal administrations he found, no matter how disparate they seemed.” Forty years later, after the unifier’s death in 1775, Stiller points out, Nepal suffered its greatest single military set back at Almora in Kumaon in Anglo-Nepal War (1814-16). This is the background with which Chapter III deals with the spoils of the war.

Chapter IV is a narrative of the country’s painful growth. When King Rana Bahadur dismissed Bahadur Shah, the regent of Nepal from 1785 to 1794, and began to rule the country directly, he was only nineteen years of age. As the court was deeply divided by factions, the situation demanded an experienced leader to govern the country. However, King Rana Bahadur was still young and inexperienced. The reforms Bahadur Shah, his uncle, proposed in 1793 suggested that he had finally come to grips with the financial problems that the newly-unified country faced, but those reforms were never implemented. Here, Stiller notes that “nothing more was heard of them once the new king took control of the state.”

Chapter V is about the Anglo-Nepal War, as noted above, and its handling by Prime Minister Bhimsen Thapa. Unlike the other great leaders in Nepal, Stiller states Bhimsen Thapa was “neither a man of vision nor gifted with a sense of history.” Chapter VI analyzes postwar stagnation in the country while Chapter VII explains the power politics in the new context. Stiller makes it clear at this point that by ordering the death of Prime Minister Mathbar Singh Thapa, Rajendra Bikram Shah, the King at the time, “destroyed the last vestige of trust the people placed in him.”

Chapter VIII is the account of the Mutiny and the rise of Jung Bahadur – the founder of Ranarchy or the system of hereditary prime ministers in Nepal. The next chapter covers Jung Bahadur’s last few years. Despite Jung’s autocratic rule, Stiller makes a point that “his reforms did indeed strengthen the nation.” Chapter X deals with Ranoddip and Bir Shamsher, the next Rana rulers. Chapter XI and XII are about Prime Minister Chandra Shamsher, who in Stiller’s opinion, greatly stabilized Nepal during his time. Similarly, despite several problems, Chandra bequeathed to succeeding Prime Ministers a growing Nepalese nationalist movement. Chapter XIII covers the subsequent political awakening in the country. Building on this, Chapter XIV, entitled “In the End is the Beginning,” deals with the author’s last few remarks.

Written in a very lucid manner, Stiller’s book highlights Nepal’s growth after its unification by King Prithvi Narayan Shah until the dawn of democracy in 1950-51. Many of his themes, as listed in the beginning, build on what the author has already worked on: The Silent Cry: the People of Nepal 1816-1839 (1976), Planning for People: A Study of Nepal’s Planning Experience (1979) (co-authored with Ram Prakash Yadav), Letters from Kathmandu: the Kot Massacre (1981) and The Rise of the House of Gorkha (1995).

In the context of what happened in 1950-51, the year of revolution, some of the analysis in the book is very illuminating. The effort to explain how Jawahar Lal Nehru, India’s Prime Minister at the time, was able to manipulate Nepal’s situation to India’s advantage makes Chapter XIV interesting to any reader.

The posthumous 2001 publication of the ‘Atmabritanta’ of Late B. P. Koirala, the leader of 1950-51 revolution, has already given history students the perspective of manipulation straight through the horse’s mouth. It is so enlightening that Stiller was able to explain this situation with such accuracy so many years ago. At the climax of movement, Nepali Congress planned for the abduction of King Tribhuvan, who would be taken from Kathmandu to Western Nepal, presumably Palpa. They thought of establishing a constitutional government under the King from Palpa itself. There was a plan to revolt against the Rana government by sections of the Nepal army. The abduction of King Tribhuvan was to take place in September, during the week-long Indra Jatra festival, and the revolt in the army was to be sparked by several ‘C’ class Ranas and Shah family officers. The Indians in Kathmandu were clever enough to outbid the Congress and write a new course for the revolution.

As Stiller has clarified, “after King Tribhuvan and his family left Kathmandu on November 10, 1950, the battle for control of Nepal began in earnest. That very afternoon, a Nepali Congress plane airdropped leaflets over Kathmandu to announce the Congress revolution and appeal for popular support. The following day, the Congress liberation army raided Birganj and ‘liberated’ government offices there. On November 12th, the Congress airdropped leaflets over other major town in Nepal. Nehru put an end to this. On November 15th, before the Congress could carry out a major attack, the Uttar Pradesh government in India banned the use of Indian railways for paramilitary action against Nepal. The following day, air flights from Indian territory over Nepal were banned. King Tribhuvan was Nehru’s guest, and Nehru intended to use his presence in Delhi to force the Prime Minister, and if necessary the Nepali Congress, to negotiate a peaceful settlement.”

As the story goes, “Nehru’s proposal was the Delhi compromise. Despite the Government of India’s restrictions on their activities, the Nepali Congress liberation army launched successful attacks in both East and West Nepal. By the time the Congress had these victories to report, Mohun Shamsher had already accepted the Delhi compromise. The Congress case was further weakened by the fact that there had been no mass uprising in support of the congress revolution. Although the Delhi compromise denied the Congress the total victory Congress leaders felt necessary to bring about real change in Nepal, they were obliged to accept the Delhi compromise or be left completely out of the final solution.”

Stiller reminds, “In the meanwhile, Nehru used to India’s advantage Mohun’s assurance that Nepal would stand by the new government of India as it had the old. On July 1, 1948, Nehru asked him officially for the services of ten battalions of the Nepal army for garrison duty in India. The Indian Ambassador explained that this would free the Indian army for duty in Kashmir (and in Hyderabad, as it later turned out). When Mohun discussed Nehru’s request with the British ambassador, the Ambassador warned him that compliance with this request might impede Nepal’s application for membership in the United Nations. … Reluctantly, Mohan signed the agreement on July 18th. BY August 5th the troops were their way to India, where they served from August 1948 until April 1949. During that time, India settled both the Kashmir and Hyderabad issues to its own satisfaction. In 1949, Nepal’s application for admission to the U.N. was vetoed. Not until 1955 did Nepal sign admission to this world body.”

The story goes on: “Nehru continued to press the Nepalese Prime Minister. The Nepal India ‘standstill agreement of 1947 had implied that Nepal and India would eventually sign a treaty defining their relationship more accurately. When Mohun visited Delhi in February, 1950, he learned that Nehru had prepared just such a treaty. In their discussions, Mohun and Nehru covered the whole range of Nepal-India relations. When Mohun returned to Kathmandu, he carried the text of two treaties: one, a Treaty of Peace and Friendship, the other, a Treaty of Trade and Commerce. Along with the treaties, Mohun had carried Nehru’s firm reminder that he would have to introduce political reforms.” The Treaty of Trade and Commerce was calculated to “prevent Nepal from developing into a little Hong Kong, serving as an entrepot between the international market and India.” As far as the second treaty was concerned, the secret letters of exchange accompanying the treaty contained a modern version of the traditional clause, “your enemies will be our enemies, and our enemies will be your enemies.” “The Nepalese had shied away from their principle in all their dealings with the British, and the whole weight of Nepalese history was against accepting it now.” Mohun had set out to prove to Nehru that friendly relations between Nepal and India required no political change in Nepal. With this treaty, Nehru was clearly asking to prove it. “Almost unchanged, the treaties were signed in Kathmandu on July 31, 1950.”

In his Epilogue, Stiller notes that the end of the Rana rule in 1950 was incidental in a way. “The real challenge to the Nepalese people was the democratic era.” On this, Stiller explains that the post 1950 political developments have been frustrating for the growth of the nation. “King Mahendra indicated his intense dissatisfaction with the direction the political debate had taken by his intervention of December, 1969. In his constitution of 1962, King Mahendra introduced Panchayat democracy in a serious effort to strengthen the voice of the people. Three major amendments to that constitution underlined the difficulty of opening the political debate to the people in a country with such poor communications.” The state bureaucracy during the Panchayat system, notes Stiller, was also reluctance to yield power to the people. The good thing, however, was “the large turnover of elected officials in later Panchayat elections suggest[ing] that the people had begun to take their future into their own hands.”

Stiller further adds: “The popular movement of 1989 that led to a complete change of government and the restoration of parliamentary democracy was a clear sign that the will of the people was not heeded by those then in power. Whether or not the government swept into power by that popular movement will function according to the will of the people remains to be seen. It seems certain, however, that the people, under the guidance of their King, will prevail over the hesitancy of the elite to accept the constraints of a democratic system.”

 Reading again, after 18 years of its publication, the book Nepal: Growth of a Nation is still a concise but a very thoughtful analysis of Nepal’s experience with its nation-building challenges. Stiller has both the heart and mind to explain the vicissitudes Nepal had to face over the two hundred years of its unstable history. No doubt, the book is a great piece of work.

William J. Kirkpatrick, An Account of the Kingdom of Nepaul [New Delhi: Manjusri Publication House, 1969] [First published in 1811]

The Account of the Kingdom of Nepaul : being the substance of observations made during a mission to that country in the year 1793; illustrated with a map, and other engravings by Colonel William J. Kirkpatrick is the first book on Nepal’s history and its people in English.

Given its time-space context, the book is an outstanding piece of work. No Englishman before Major Kirkpatrick had passed beyond the range of lofty mountains which separated the secluded valley of ‘Nepaul’ from the north-eastern parts of Bengal – the seat of the East India Company. In 1792, when Kirkpatrick had the opportunity to reach ‘Khathmandu’ – the oldest capital in the South Asia, there were very few vague and unsatisfactory reports about the country. These casual reports were made by missionaries and itinerant traders who passed by ‘Khatmandu.’ The country was still terra incognita or an unknown place. Kirkpatrick visited the place with a mission. He was not alone. He was accompanied by Samuel Scott as his deputy, a few army majors, two companies of ‘Sepoys’ and ‘Moulavee’ Abdul Kadir Khan, an employee of the Company government in Bengal, who had resided in ‘Khathmandu’ for sometime before.

The period of Kirkpatrick’s residence in ‘Khathmandu’ was only seven weeks. By the time the book was published he was already a colonel. He came here as the representative of Lord Cornwallis, the Governor General of the Company, to mediate in the dispute between China and Nepal in the context of Sino-Nepalese War (1788-1792). The period of his stay was too short for the job that he had undertaken. Besides, it commenced “under circumstances peculiarly unfavourable to that free kind of research which alone can lead to accurate information.” However, by the time Kirkpatrick reached ‘Khathmandu’, the country had already concluded a treaty with the Chinese which entirely superseded the necessity of the proposed meditation. Nepal no longer needed the Company to fight out Tibetans and Chinese.

The treaty alluded to was never formally communicated to the British Government. In any case, Kirkpatrick made a point in his notes that the treaty just signed was not honourable to the rulers of Nepal. The Nepalese were eventually compelled to become a sort of protected state of China. It was his finding that a little more firmness on the part of the ‘Khatmandu’ government would speedily have compelled the Chinese to solicit the accommodation they needed, as they had suffered greatly during the war from sickness and scarcity, and were not less impatient to quit Nepal, than the ‘Nepaulians’ were to get rid of them.

Along with this critical message to modern readers, Kirkpatrick tried to furnish a complete account of Nepal in the book: the form of the government in existence in ‘Khatmandu’; its revenue and military establishments, its civil and religious institutions, the customs and manners of the natives of their population, their arts and manufactures, their commerce, their learning and languages; and finally, the political and natural history of the country, and so on. Describing Nepal as the only ‘Hindoo’ country which had never been disturbed, far less subdued, by any ‘Mussulman’ power, Kirkpatrick has noted that –

“In one essential particular, nevertheless, these mountaineers appear to me to be very prominently discriminated, and that is by simplicity of character universally observable amongst them. I am aware that this is a feature, which, with a few exceptions, more or less strikingly marks the ‘Hindoo’ character throughout India, but whether it be owing to the secluded situation of ‘Nepaul’, or to some cause still more operative, the simplicity which distinguishes the inhabitants of this rugged region is manifested no less in the superior than the lower ranks of people, appears in all their modes of life, whether public or domestic, little of ostentation or parade ever entering into either, and is very generally accompanied by an ‘innocency’ and suavity of deportment, by an ease and frankness in conversation, and I am disposed to think too, by an integrity of conduct not so commonly to be met with among their more polished or opulent brethren.”

Kirkpatrick admits that on some of his statements he could not but be extremely vague and defective, and that his opinions on others would necessarily be no less liable to error. In fact, there are several such errors in his book. As an example, it is mainly Kirkpatrick who erroneously set the tone of history that princes ruling Nepal for many centuries were ‘Rajepoot’ (and therefore not the Khas people) and the various classes of ‘Hindoos’ appeared in Nepal in all periods to compose a great proportion of its population (and therefore they were not natives to the land). He does not cite any piece of evidence to support his finding, but instead acknowledges that he failed to find a general resemblance in manners and customs between this part of its inhabitants, and the kindred sects in the plains of India. He also notes that “the characteristics which separate them, whether in point of manners, usages, or dress, [with those of the other ‘Hindoos’ in the plains] are so faint as to be scarcely discernible in a single instance…” Apparently, Kirkpatrick honestly believed what the local informants said to him. He had no time to look into the matter with some gravity.

In his account of Nepal, Kirkpatrick describes the route from ‘Munniary’ to ‘Hettowra’, from ‘Segouly’ to ‘Hettowra’, ‘Hettowra’ to ‘Khatmandu’, ‘Doona’ to ‘Khatmandu.’ His descriptions about the valley of ‘Nepaul’ with cities of ‘Khatmandu’, Patan, ‘Bhatgong’ and ‘Kirthipoor’, the temple of ‘Sumbhoonath’, the surrounding mountains around ‘Khatmandu’, and the ‘Bhamutty’ and ‘Bishnumutty’ Rivers are first such accounts in the history of Nepal in the perspective of a visiting alien soldier. He also tries to explain name, climate, season, soil and general face of the country. His sketch of historical ‘Nepaul’ and its boundaries, extent and several divisions must have been of significant importance to the rulers of the British India at that point of time. Here and there, Kirkpatrick has emphasized the diversity among the people among the people of Nepal, and the apparent differences that he could see among them and the ruling elite during his stay in ‘Khathmandu.’

The book comes with a rich Appendix of thirteen historical documents. It contains official papers and letters relating to Major Kirkpatrick’s mission. It also includes the account of the invasion of ‘Nepaul’ by King Prithvi Narayan Shah. This account has been extracted from Father Giusceppe’s Account of Nepal published in the second volume of the Asiatic Researches. They all are extremely important to modern readers of Nepal’s history.

 

Lok Raj Baral, Nepal – Nation-State in the Wilderness: Managing State, Democracy and Geopolitics (New Delhi: Sage Publications, 2012)

Nepal is at very crucial stage of its history as a “nation state.” While every state by definition is a political and a geographical unit; the nation is a composite cultural and/or ethnic creature. This creature can be defined as group of people who are bound together into a single entity, through history, customs, value, language, culture, tradition, art and religion.

On the contrary, a state is just a patch of land with a sovereign government. As a politico-judicial entity, which is identified by its sovereign rights, a political state constrains the intrusion of outsiders in its internal affairs. When ‘nation’ and ‘state’ coincide, they form a “nation state” which not only assumes a collective political existence of the people living together with an official language(s), a system of law, a currency system, and a bureaucracy to order elements of society, but also presupposes the diversity of unified national identity.

As a nation state, Nepal has its own realities. The new book of Professor Lok Raj Baral Nepal: Nation-State in the Wilderness is a comprehensive attempt to explore these realities in the background of its history and the efforts towards democratic consolidation. Several weeks of mass protests in April 2006 followed by several months of peace negotiations between the underground Communist Party of Nepal (Maoists), the crisis government dealing with the so called ‘people’s war’ and Indian agencies, often acting behind the scene, overturned the evolutionary process of change in Nepal. It also set aside the course of the policy of national reconciliation – the basis of Nepal’s political development so far. This is a significant aspect of recent political change in Nepal. Baral has tried to explain this change on the basis of his characteristic vantage point.

The new process culminated in (a) a November 2006 peace accord, (b) the promulgation of an interim constitution and (c) the elections to the constituent assembly. The assembly elected to draft and adopt a new constitution for the country was expected to chart out a new democratic vision for Nepal and its system of government. Baral explores the contours of the nation state in the wilderness covering a wide spectrum of important issues around these changes, their antecedents, future course and beyond.

There are six chapters in the book. As an introductory chapter, Chapter I is devoted to trace out the parameters of Nepali politics: the thrust of Nepalese people for liberal democracy, ambiguities in the change process, political disjuncture or break with the tradition and the 2006 mass movement. Here, he also describes what he considers the rediscovery of a nation state, values of secularism, the role of fractured parties, and external influence in the politics of Nepal. Chapter II is a precise effort to revisit Nepali state. Baral explains the wars Nepal fought in the history, the treaties it signed and signposts of Nepal’s diplomacy in Chapter III. Then follow a sizable chapter on the issues of democracy, peace and development. In Chapter V, Baral explains Nepal vis a vis the modern world, focusing on the geopolitics. Here, Baral discusses Nepal in the context of its immediate neighborhood. The last chapter is an analysis for the future.

In his preface to the book, Baral maintains that the work is the product of his “long observation and study of Nepali state, politics, political elites, and their orientation.” He has described the finding of his research as the “sum and substance of [his] long academic career.” Although he does not clearly specify the objective of the book, he has unmistakably “tried to make a unified theme by knitting together the origin, growth and limitations of the modern Nepali state, people’s role that came by way of their desire for democracy and the active geo-politics.” The author acknowledges that the book “does not provide any definite clue to the future of Nepali state and democracy. Yet it gives a perspective on the unfolding scenario and their consequences.”

Mapping the overall situation of Nepal, and its future challenges, the concluding paragraph of Baral’s last chapter has the following direction: “Paradoxically the state [in Nepal] has not reached the terminal point [despite the vicissitudes that he has explained]; neither has it given us any promising picture for the future. Democracy is in peril, so is the vitality of the state. Prolonged transition and polarized and uncertain politics may be more alarming when foreign powers start showing their active presence than ever before and when the political and other elites become too weak to manage them. Political parties that take position for and against any country themselves would make these powers active and interventionist as the recent developments have demonstrated.” The reference apparently hints at India, and responses of Nepal’s major political parties on its ghastly meddling in Nepal, its internal affairs and external relations.

What has not been covered in the book of Baral is the sad reality that all these efforts in the post 2006 scenario and the actors who led the process failed. Had Baral waited by any chance for another couple of months to publish his work, he would have been able to cover the 27 May 2012 demise of the constituent assembly without accomplishing its task, and the nature of disaster that the country is to manage in the upcoming months. By all these machinations, India has established itself in Nepal, setting aside the factors of stability and sustainable political development. This is the factor that will continue to trigger off quiet responses from other quarters as well.

If this particular perspective is not ignored, many of Baral’s arguments on monarchy, the process of national unification and evolution of Nepal’s politics, the challenges of national reconciliation and nation building, and the role of neighboring countries might entail alternative explanations. As Nepal moves into the second decade of the 21st century, a new power rivalry is taking shape between India and China. It does not seem to be possible to explain the “nation-state in the wilderness” without giving credence to the fact that Nepal is in the range of high-tech geopolitics. The context of the collapse of distance brought about by the advance of military technology must not be minimized. For an average Nepalese, what ails more is Nepal’s national security. The treatment given by Professor Baral to this aspect of his theme is not adequate.

Yet the book Nepal – Nation-State in the Wilderness is a significant addition in the library of political science of contemporary Nepal. It is a ‘must read” book for the political analysts of Nepal and abroad who want to pursue his themes more.

Francis Buchanan Hamilton, An Account of the Kingdom of Nepal and the Territories Annexed to this Dominion by the House of Gorkha (Edinburgh: Longman, 1819)

The book of Francis Buchanan Hamilton An Account of the Kingdom of Nepal is the second book in English ever written on Nepal’s history. The first is the 1811 book by Colonel William Kirkpatrick, which was worked on before 10 November 1793.

Hamilton spent fourteen months in the country, during 1802-1803, mostly in the vicinity of Kathmandu, as a low profile visitor of the British government. He spent another two years along Nepal’s tarai frontier. Apparently, the intention behind his mission was to report to the authority back home about his findings on the state and people of this Himalayan country. The book of Hamilton is the only account which discusses the entire country of Nepal and does not limit itself to the Kathmandu Valley or its vicinity.

As a foreign visitor, Hamilton “employed to obtain information, so far as [he] prudently could, without alarming a jealous government or giving offence to the Resident, under whose authority [he] was acting.” He had some support of Colonel Crawford, at that time surveyor-general in Bengal, with several drawings of Nepal and valuable geographical surveys and maps. The account of Nepal by Kirkpatrick which was already published by that time had provided him with certain definite background to proceed.

Hamilton worked with some Nepali and Indians to trace out the details about the tribes, the physical features of the country, laws and government and the various princely states that formed the unified Nepal. Trained as a physician, he seemed to be good in geography, zoology and botany as well. That helped him a lot in making his study visit a success.

Hamilton divided his book in two parts. Part I has two chapters. Chapter I deals with the inhabitants of Nepal. Here he deals with what he describes as Hindu colonists from ‘Chitaur’, ‘Asanti’ and ‘Chaturbhuja.’ Attempts have been made here to describe the Hindu tribes east of the Kali River here. There are descriptions on Brahmans, their diet, festivals and offspring. He has specific mentions about Rajputs, and adopted and illegitimate low tribes in the Hindu community. This follows his general observation on the customs of these mountain Hindus east of the Kali, and those west of it. Then he provides details about Magars, Gurungs, Jariyas, Newars, Murmis, Kirats, Limbus, Lapchas and Bhotiyas. The later group has been described by him as tribes who occupied the country previous to the arrival of Hindus. Chapter II is about the nature of the country, the plains, hills and mountains, their production, animal and vegetables, cultivation, climate, rivers, and so on. Chapter III devotes to laws and government of Nepal. There are orientations on courts and forms of proceeding, punishment, provincial government, revenue and endowments, state officers and military establishment. They all make the book interesting reading.

In Part – II, there are two chapters. Chapter I has four sections – each dealing with Sikkim, the dominions of the family descended from ‘Makanda Sen’, Raja of Makwanpur, and the history of Nepal Proper previous to the conquests by the ‘Gorkhalese’, and the countries belonging to the Chaubisi and Baisi Rajas. Chapter II deals with the countries west of the River Kali. The second part is a valuable record on distinct political units of Nepal including Sikkim, Sen Dominions, Nepal Proper, Baisi-Chaubisi and Kumaon-Garhbal-Barh Thakuri. There are notes on twelve petty chiefdoms in the western Himalayas. The book describes Nepal as it stood previously to the war with the British, commencing in the end of the year 1814. There are interesting information in Part – II as well.

The book of Hamilton stands out as the best of the early accounts of Nepal. Beginning the first part, the author describes Nepal, a name celebrated in Hindu legend, as the country in the vicinity of Kathmandu, but as it stands now it means the whole territory of the unified Nepal. East from the Nepal Proper, he notes, the mountains are chiefly occupied by Kirants, who are frequently mentioned in Hindu legend as occupying the country between Nepal and ‘Madra’, the ancient denomination now called ‘Bhotan.’ Towards the west again, according to Hamilton, “the country between Nepal and ‘Kasmir’, over which the present rulers of the former have far extended their dominion, in the ancient Hindu writings is called Khas, and its inhabitants Khasiyas. I am told, that, wherever mentioned in ancient records, like the Kirats, their neighbours to the west, the Khasiyas are considered as abominable and impure infidels.” 

For any reader, this book is a window of knowledge about many important aspects of Nepal at that point of time. While the book is very useful, there are many factual errors, hearsay and misinterpretation. One significant example is his thinking that the Khas people are different from the mountain Hindus. They are the same lot in Nepal, but with different levels of reception of Hindu values. His reference that Hindus of mountains arrived there following invasion by the ‘Muhammedan’ king of ‘Dili’ is another mistake of fact. Hamilton noted that the king wished to marry a daughter of the Raja of ‘Chitor’ or ‘Chitaur’, celebrated for her beauty, and the offer was denied. There is simply no truth in the story. Maybe there are unknown exceptions, but most of the rulers he described as Hindu colonists from ‘Chitaur’, ‘Asanti’ and ‘Chaturbhuja’ have been indigenous rulers, and the story of their connections with these places have been willful fabrication for political benefits.

Similarly, Hamilton described the mountain Hindus as “deceitful and treacherous people, cruel and arrogant towards those in their power, and abjectly mean towards those from whom they expect favour.” This is too subjective a statement for anybody. He has a very low opinion about the Khas people for unstated reasons. He described them as “abominable and impure infidels” as noted above.

Many of these errors could be attributed to the informants who assisted Hamilton with information and helped him make judgments. But more than that Hamilton had a skeptical attitude about the rulers of Nepal, and those who assisted them to rule the country. The ‘Gorkhalese’ were victorious people, and were considered expansionist as well. As a jealous British official it was natural that his misgivings about the rulers and their associates had some effect in his writings as well. 

A. Patricia Caplan, Priests and Cobblers: A Study of Social Change in a Hindu Village in Western Nepal [Aylesbury Bucks; International Textbook Company Limited, 1972] [Reprinted in Nepal by Mandala Publications, 2006] 

The book Priests and Cobblers is a study on the changing caste relations in Nepal. The system still exists here, especially in rural Hindu areas, dividing people into a hierarchy based upon heredity.

As a rule, the state of Nepal cannot discriminate against any citizen in the application of general laws on grounds of religion, race, gender, caste, tribe, origin, language or ideological conviction or any of these. Similarly, no person shall, on the ground of caste, descent, community or occupation, be subject to racial discrimination and ‘untouchability’ in any form. Such a discriminatory act is to be punished and the victim is entitled to compensation as provided by the law. The country continues to have legal provisions prohibiting caste discrimination for many decades.

However caste prejudice continues in Nepal in many places. In places where it continues, it not only dictates one’s occupation, but dietary habits and interaction with members of other castes as well. Members of a high caste enjoy more power, wealth and opportunities while members of a low caste perform menial jobs. The most discriminated in the lot are the poor and historically suppressed people considered ‘untouchables.’ There is tendency toward endogamy, meaning that people marry within the same caste exclusively. Upward mobility is very rare in the caste system. The system is full of discrimination. It is a scar on the face of humanity.

The focus of this book, however, is on the changing relations between members of the priestly caste (Bahuns) and group of so called ‘untouchables’ (cobblers) in a Hindu village in Western Nepal. Even though these cobblers continue to suffer under extreme forms of discrimination, exploitation, and violence, and their caste still imposes enormous obstacles to their full attainment of civil, political, economic, social, and cultural rights, the book explains how the deprived ‘untouchables’ from a position of almost total economic dependence on the priestly caste, had become increasingly independent because of the new opportunities available in the expanding economy of the area. This also enabled them to oppose the Bahuns, who have been exploiting them, in the interest of their community.

The author of the book, A. Patricia Caplan is a senior professor of Anthropology at Goldsmiths, University of London. This was her first work published as a book in 1972 when she was a young researcher. It was republished in 2006 – again after 34 years. The field work on which this book is based was conducted from January to December 1969, as part of a project of research on aspects of social change in Nepal, sponsored by the Social Science Research Council of Great Britain. The study covered a period of several decades up to the time of field work at the end of the 1960s. Caplan has analysed the situation on the basis of available resources, opportunity for earning a living, recent changes in the village economy, the factional politics in the village, and the growth of caste conflict. 

In her own words, “this book focuses on a mixed-caste community in the far western hills, here called ‘Duari’, where the upper-castes had successfully consolidated themselves at the expense of the lower castes (untouchables, now called Dalits) not only in terms of land-holding but also educational opportunities, trade and government posts. Nevertheless, at the time of fieldwork, the lower castes had begun to achieve a modicum of economic independence because of new opportunities, and as a result, had dared for the first time to challenge the upper castes politically.”

In republishing this book, the author had two objectives in mind. One was that the original version, written for a commission to a US publisher which wanted to launch a student-friendly series on social change in different parts of the world, was never available in South Asia, and particularly in Nepal. A second reason was that this book was originally published in 1972 and since that time, more than three decades of history have changed the face of Nepal. This book, according to the author, ‘gives a snapshot of a particular moment in time which may go some way to explaining the roots of the radical changes now taking place.”

In her concluding paragraph, the author notes: “first I have examined economic development, to note, in particular, whether or not it leads to a reallocation of resources or a weakening of the tiers of dependence of the lower castes upon the higher. Second, given universal adult suffrage, the demographic composition of the village, and, indeed, of the region surrounding a village, is important. Where low castes are in very small numbers, they are unlikely to be in a position to defy the higher castes, nor is their support likely to be sought by aspiring leaders.

Third, the lower castes must receive some concrete support from external agencies. It is not enough merely to introduce new laws and a new constitution: these have to be enforced at the village level. Alternatively, the wider society has to provide other mechanisms which give members of lower castes some opportunity for mobility outside the village, such as government jobs, political parties, or reform movements.” There is little to disagree with the author.

When it was written in 1972, the book was certainly the first of its kind in Nepal. Now there are several such studies, in both Nepali and English. Nevertheless, the book is still an important work on ‘Duari’ village, and the author’s finding on changing social relations is still as valid as it was 40 years before.

A book entitled Chakrabyuha ma Chandra Surya: Rastriya Surakshya ra Swadhinata ka Chunautiharu [The Sun and the Moon Caught in Chakrabyuha: Challenges of National Security and Independence], which was released in Kathmandu on 30th November 2012, has become the talk of the town for its candid analysis of modern Nepal and its plight.

Written by Saroj Raj Adhikari, a journalist working with Kantipur Daily, ‘Chandra Surya’ is the shorthand expression for the mighty historical Nepal which has now been caught in what is described as ‘Chakrabhyuh’ – a multi-tier military formation (also known as “Padmabyuha” in the Mahabharat epic). The strategy was used in the epic battle of Kurukshetra by Guru Dronacharya, who became commander-in-chief of the Kaurava army after the fall of Bhishma Pitamaha, to trap the adversary into it. 

The author deals with three main issues in the book. Firstly, he describes the series of international crimes that Nepal has witnessed in its land over the last few years. They include the assassination of Mirja Dilshad Beg, Kamal Singh Nepali, Majid Manihar, Shaukat Beg, Jamim Shah and Faijan Ahmed and attempted murder of Yunus Ansari. The author states that they were all killed with the involvement of external actors. He believes that the former Crown Prince Paras could also be the next target. Secondly, the issue of crumbling national security and excruciating geo-politics that Nepal is struggling with has also been described at length in the book. It tries to unearth harsh realities of modern Nepal , its pre-planned political changes, the structural anomalies, the problems of decision-making, and the national stakes that are being ignored by the government. The third part of the book analyses what Adhikari believes as the search for the Nepalese version of ‘Lhendup Dorjee’ – the Sikkim politician who played a historic role in his country’s accession to the Indian Union. All these chapters are interrelated in their approach and conclusion in that Nepal is in crisis and the reason is mainly conspiratorial and external.

Written in journalistic style, Adhikari quickly puts the main points in each of his chapters in the first couple of sentences of the first paragraph. He is always clear, to the point, and unbiased. In a language that will have far reaching impact on the citizenry, the author has expressed his view on national security and issues that have been created over it in recent years. It is the study of the threat, use, and control of Nepal . In the preface to the book, Adhikari makes it clear that the main part of the book is concerned with national security issues. This is precisely the reason that the indivisibility of the country, its sovereignty, and independence are inseparably linked in his analysis of national security and the geo-political issues which come to be linked up. The book is full of references that show how India and China are linked with the political course in Nepal . 
 

Even though Adhikari has covered wide-ranging issues of modern Nepal , he does not write on the Constituent Assembly and its demise in the framework that he has developed for this book. For the issues that it has covered, this is a book that all the politicians and anybody who has interest in contemporary security issues must read.

The Setting – Dr. Sriram Bhagut Mathe

I have just finished reading Dr Bipin Adhikari’s Nepal Constituent Assembly Impasse: Comments on a Failed Process. This is a very timely and scholarly work. I am not aware of any governmental or non-governmental organization in Nepal undertaking this type of publication, which attempts to explain in some detail, with relevant references, why the Constituent Assembly failed in its primary mission in promulgating a new, better and inclusive constitution.

Apart from this major focus, this book also explores the way forward to break the current impasse so that the country can succeed in completing the onerous task of writing a new constitution, based on sound democratic precepts, including rights and responsibilities, checks and balances, separation of powers and the rule of law. Such a constitution must also ensure the inalienable rights of the individuals as well as guarantee the integrity of the nation and assure the peaceful and progressive economic development of the country.

At the outset, I must note here that this book succeeds in highlighting the reasons behind the failure of the Constituent Assembly and how the country has been held hostage by the political parties and the political leaders, who have put their and their parties’, and later on in the constitution-making process, their ethnic and divisive interests first, when they should have put the country’s national interests central in all their dealings and decisions. In most of the cases, they were acting under pressure and at the behest of so called “external”/”sinister” forces. As a result, the political parties have miserably failed in addressing the legitimate aspirations of the Nepalese population for a peaceful, progressive and dynamic Nepal.

As things stand now, the country is facing a dire constitutional crisis because the Interim Constitution 2007 did not envisage this eventuality. The road ahead is fraught with danger. In this book, Dr Adhikari, who is a leading constitutional expert, has tried to explain why the Constituent Assembly could not deliver a new constitution. This is not the only work of the author on constitution building. There are few others as well. In April 2009, Adhikari produced a model constitution for Nepal that could serve as a basis for discussion at the Constituent Assembly. He also published an additional work in 2010 based on an international constitutional conference held on the thematic reports as produced by the Constituent Assembly at that point of time. The idea was to provide international perspective to the Assembly members on local issues. The book Nepal: Design Options for the New Constitution was a precious reference document especially to those members of the Assembly, who were grappling with contentious constitutional issues at the Assembly. Two months before the dissolution of the Assembly, in March 2012, Adhikari produced another new work called The Status of Constitution Building in Nepal which tried to summarise the progress during the forty-six month of operation of the Assembly. It also dealt with the contentious issues that remained unresolved despite several efforts. While the previous books intended to help the Assembly and the political class of Nepal to work on a constitution that could be acceptable to most of the Nepalese people, this current work on deals in great depth on the causes and effects of Constituent Assembly failure.

Like any other constitution making organ, the Constituent Assembly of Nepal was an assembly of people’s representatives elected by the people through “first past the post (FPTP)”and “proportional” election system, and members nominated by the decision of the Council of Ministers. As per the provision of the Interim Constitution, there were 601 members in the Constituent Assembly. The main objective of this inclusive body was to draft a new constitution for Nepal and adopt it through due process. The Interim Constitution itself provided applicable adoptive procedures.

To make the constitution making process systematic and regular, the Constituent Assembly Rules 2008 created provisions to form various working committees under the Assembly. As per provision of the Rules, one Constitutional Committee, ten Thematic Committees and three Procedural Committees were formed within the Constituent Assembly. The Rules assigned the thematic committees to prepare the preliminary constitutional drafts under the given terms of reference and tasked the Constitutional Committee to formulate an integrated draft of the constitution based on the preliminary thematic drafts and reports. Article 70 of the Interim Constitution laid down the provisions clearly defining the plenary proceedings to adopt the new Constitution.

Unfortunately, the Constituent Assembly could not promulgate the new constitution as desired. Even though the process adopted for this purpose was correct, the leadership of the main parties got sidetracked from their primary constituent responsibility by executive issues and unnecessary “power play” resulting in frequent change of government. As such, the political leaders of the major parties were too involved in political machinations, when they should have been totally focused on dealing with the many constitutional issues. As a result, the Assembly failed to finalise the new constitution by the 2010 deadline, as originally provided by the Constitution. It, unashamedly, voted to extend its own term four times in the one and half years beyond the original deadline.

The entire tenure of the Constituent Assembly was marked by political turmoil with four unstable governments in four years. With every change of government, the people’s aspirations took a beating as the interests of the political parties took precedence over national interests. Even after 4 extensions of the “jumbo” Assembly, which many critical thinkers, considered too big, unnecessary and economically unaffordable for a small country like Nepal, efforts were made to extend it for another three months again. But the Supreme Court ruled on 24th May 2012 that a further extension was unconstitutional and a fresh mandate was necessary.

Nepal plunged into a new political and constitutional crisis after Prime Minister Dr Baburam Bhattarai declared dissolution of the house on May 27, without adopting any constitution. He also declared himself head of a caretaker government and announced elections for November 22, 2012. This declaration was not made in the Constituent Assembly but through televised address to the nation. The demise of the Assembly without any formal session to take decision about its exit strategy was one more indication of how national interests were pushed to the background by the government of the day. The demise of the Assembly was not a failure of the political process but, definitely, a failure of political parties and their leadership, with the principal onus on the big parties, who failed to agree on a new constitution after four years of wrangling and repeated extensions of the Assembly’s term.

What has happened is clearly a lesson for all of us on how not to write a constitution. The book, apart from delving in depth about the failure of the Assembly and the events leading to it, also recommends a possible way forward by forming a national government and giving continuity to the remaining tasks on constitution building. There is no other way out than holding elections to seek a fresh mandate from the people, who have become very disillusioned over the past few years. However, there are enormous challenges in holding the elections without consensual political decisions on the outstanding contentious constitutional issues.

The only way forward at this critical political juncture is for the political leadership, especially of the major parties, to exercise statesmanship by focusing on national interests and how these national interests can be enshrined in the new constitution. Democracy, and the protection of the inalienable rights of the individuals, national reconciliation and national sovereignty must be the underpinning precepts on which the new constitution must be founded. The new constitution must ensure peace and economic progress, and inclusive participation especially from the marginalized groups, preserving the cultural diversity, as well as ensuring national integrity. If a new peaceful and progressive Nepal is to be created, the political parties and their leaders have to look beyond their own and their parties’ interests and focus on long-term national interests. They have the unique opportunity of either becoming “statesmen”, who will be remembered by posterity for making genuine contribution to nation-building at a very critical and sensitive period of our county’s history, or “petty and selfish” politicians, who could not see beyond their own selfish, ethnic and party’s interests and who will be consigned to the dustbin of history. Only time will tell of the choices that these leaders will make. Hopefully, “statesmen” will emerge to guide the process of completing the task of writing a new constitution and give relief and renewed hope to the people.

In course of our country’s tumultuous history, especially in the post-1950/51era, many opportunities for laying the groundwork for long-term prosperity of Nepal have been lost. In the various elections, people of Nepal have exercised their franchise and made their preferences clear, giving opportunities to the various parties to lead the country. Our people are generally tolerant and forgiving. The political parties and the leaders have time and again tested this tolerance and have betrayed time and again the trust placed on them in creating a just and stable society, that gives equal opportunities to all, without any bias against caste, ethnicity, gender, religion, culture, creed, ethos, etc. The people generally have become very disenchanted with the political parties and their leaders. They have literally run out patience. The demise of the Constituent Assembly and the way it happened has literally dashed the hopes of the people. In this very uncertain political situation, the political parties and leaders have one more opportunity to exercise their statesmanship in seeking national reconciliation and coming up with a constitution we all can be proud of. Ensuring basic rights, adequate checks and balances, equitable distribution and separation of powers amongst the executive, legislative and judicial entities are central to a good constitution.

Having read Dr. Adhikari’s book with great interest, I have no reason to disagree with Dr Adhikari’s prescriptions for managing the current crisis. While the respect for fundamental democratic principles is essential to guarantee the aspiration of Nepal’s citizens for peace, stability, and prosperity, it is also a fundamental truth that no constitution should be promulgated compromising the core national interests of this country. There is universal agreement that the new constitution must enforce our commitment to inclusive, multi-cultural and secular values along with the restructuring of Nepal in such a way that every person in the country is empowered to take part in nation building. While celebrating our cultural differences, we must be cognizant of our commonality, our bonds of unity, common destiny and commitment for an independent, indivisible and prosperous country.

As Dr Adhikari has put it, what Nepal needs desperately at present is adherence to the principle of national reconciliation. This principle is based on the understanding that both democracy and nationalism are necessary and complementary. Democracy should not come at the cost of nationalism, nor nationalism at the cost of democracy. Independence of the country and sovereignty of the people must not be compromised, no matter the enormity of the challenge. This requires development of a genuine trust between all sectors of our society – modern and traditional. Only when the country is internally strong can it chart its own future. The problems that the country has been facing, constitutional or political, exist because the policy of national reconciliation, as well as national sovereignty, is consistently ignored giving rise to divisive forces with myopic vision. The Assembly failed, despite several efforts, because it was not intended to be successful by those who planned it. It failed because, in the eyes of common people, it was neither able to ensure drafting of a democratic constitution nor was it able to safeguard vital national interests and considerations of Nepal. The entire period of instability in Nepal over the last ten years or so has been used to deconstruct the country internally and promote the interests of the external forces in Nepal. Let us hope and pray that history will not be repeated in the coming days.

As I come to the end of this foreword, I can only remember the visionary statesmanship of late B P Koirala, who advocated democracy and promoted national reconciliation to ensure national sovereignty and national integrity. His visionary teachings and values are timeless and even more relevant today as divisive and regressive forces are bent on breaking up this country’s independence, its rich national identity, culture and uniqueness by stoking the fires along ethnic fault-lines. If our current crop of political leaders, most of whom pay lip-service to BP Koirala’s vision and statesmanship, could understand his core teachings, this county’s future could be assured. It is most unfortunate that Koirala passed away when he did. If he had lived longer, maybe the country would not have been in this present predicament. The whole country is anxiously looking for visionary statesmen like B P Koirala to guide the country through the current political morass.

In conclusion, I would like to recommend this book to all those who love Nepal and wish Nepal to be a strong and prosperous country. I personally found the book very engrossing and I was enlightened by both the contents and the style. It is indeed a scholarly reference book, that sheds light on the creation and demise of the Constituent Assembly as well as thoughts on the way forward. I am confident that anyone reading this book will find it very enlightening. I have known the author and have worked with him for almost a decade and half. I have always found him to be an independent constitutional scholar, with clear thoughts and arguments in the context of nation building. I know for a fact that the author is a democrat and a nationalist as I am and as many of the Nepalese are.

Sriram Bhagut Mathe, PhD
August 2012

Chairperson of Nepal Education Foundation – Consortium of Colleges Nepal
(NEF-CCN),
Chairperson of Asian Institute of Technology and Management (AITM),
Former Dean of the Institute of Engineering, Tribhuvan University,
Founder Chairpeson, Xavier Academy,
First Campus Chief (Principal), St Xavier’s College