Locating Constitutional Identity In Nepal

Abstract

Nepal has an ethno-linguistic diversity due to presence of one hundred languages groups, 64 indigenous community as well as sixty four caste groups. Due to this diversity, Nepal has faced many difficulties to define and recognize its citizens. This diversity has been shaped though the cross national characteristics of Nepal. Actually, Nepal is a land locked country and it has surrounded by two big power country of the region India and China. However, Nepali citizens had recognized though the Muluki Ain in 1854 by the Rana oligarchy. This regulation had differentiated the Nepali people between citizens and non-citizens in history. By the promulgation of Muluki Ain inequality had legalized and Hindu caste hierarchy become as a state ideology of Nepal. Afterwards, there was no any evidence of formal legal status in which Nepali citizen could be recognized. But the question of constitutional identity emerged since 1950 onwards. Thereafter, the idea of constitutional identity got its due place in Nepali. But, the discourse of constitutional identity has limited space due to elite nature of democratic movement till 1990. However, the demands of inclusive state got the main agenda in the democratic movement in 1990. Finally, the constitutional identity had become more inclusive through the promulgation of the constitution of 2015. Therefore, the aim of paper is to explore the constitutional identity of Nepal. However, the first part of the paper will examine the theoretical explanation of constitutional identity.  The other part of the paper will make an argument towards the constitutional history of Nepal and its main features.