RSS (KATHMANDU, 19 June 2020) – The Constitution of Nepal (Second Amendment), 2077 BS’ has been published in the Nepal Gazette. UPDATED: May 31, 2020 20:56 IST. “All 258 lawmakers present in the meeting voted for the bill while there was no vote against it. The government has based the new map on the Sugauli Treaty signed between Nepal and British India in 1816, which states that all lands east of the Kali River belong to Nepal. as per Article 274 (8) of the constitution, Oli was under pressure to face the Standing Committee and step down, Post on Friday that they had stopped short of upping, India does not need to wait for the Covid-19 emergency to end if it really wants dialogue, Supreme Court overturns Oli’s House dissolution, It’s almost spring, but tourism industry is already staring at a dry season, Confusion reigns as officialdom keeps changing entry protocols for tourists as peak season begins, Supreme Court awards Nepal Communist Party to Rishiram Kattel, India introduces procedure that will allow Nepal to export power to it, Experts slam government on restrictive approach on governing women’s mobility, Water from Melamchi finally arrives in Kathmandu, Badi people’s sit-in continues for two weeks, As chief ministers go troubleshooting for Oli, provincial governance takes hit, Memories of house demolition haunt us every day, Balaju Bypass residents say. "The present government doesn't seem to … Constitution Amendment in Nepal on Map Does Not Foreclose Chance of Settlement with India. May 31, 2020. The unanimous endorsement of the lower house will now pave way for the government to expedite the process to replace the new political map in Nepal's national emblem and in the coat of arms. When India and China had a border standoff in eastern Ladakh earlier this month, both sides had swiftly arranged for a meeting and resolved the issue. It requires a two-thirds majority of parliament to amend the constitution. The constitution of Nepal is divided into 35 parts, 308 Articles and 9 Schedules. The tabling of the amendment, which happened Sunday, was … According to Baral, there is a huge trust deficit between the two countries. “Some of Oli’s remarks, especially over their national emblem, have hurt the Indians.”. Diplomatic negotiations are the only way out to resolve the issue, say experts in Nepal. Kathmandu. “We have already made our position clear on this matter.”. Speaker Sapkota, however, decided to scrap her proposal, as per Clause 112 of the House of Representatives’ regulations, which say that any amendment proposal to a bill cannot contradict the primary spirit of the bill. Voting was unanimous with ayes being 258 with no nays. “We will now start dialogue and the negotiation process will move ahead,” he said. Snap polls have been called for 30 April and 10 May. Nepal: New Constitution Amended (Jan. 27, 2016) By a two-thirds vote on January 23, 2016, the Parliament of Nepal accepted an amendment of the country’s new Constitution. Minister for Law, Justice and Parliamentary Affairs Shiva Maya Tumbahangphe had presented the bill for endorsement after a detailed discussion in the House. The Nepal government now has a real challenge ahead, as diplomatic dealing is the only way out to resolve the issue and India does not seem to be very interested in going that route. This bill was passed unanimously in the lower house of Nepal’s Parliament. The Oli government has consistently been asking for talks but Delhi has ignored calls from Kathmandu. "We have noted that the House of Representatives of Nepal has passed a constitution amendment bill for changing the map of Nepal to include parts of Indian territory,” said Anurag Srivastava, spokesperson for India’s Ministry of External Affairs. Nepal decided to release its new political map after India earlier last month opened a link road via Lipulekh to Kailash Mansarovar in the Tibet Autonomous Region of China. [6][7] The map showed the regions as part of Uttarakhand. Updated at : June 18, 2020 18:40. In line with what it said earlier after Nepal released its new map, Delhi on Saturday once again called it “an artificial enlargement”. However, The Constitution of Nepal 2015 backtracked from those issues, that were already ensured by the Interim Constitution of Nepal 2008. “While India is very important to Nepal, India too needs Nepal equally. She said the new map was adopted as Nepal has all necessary evidence to claim the territory. But with the recent series of street protests, political uncertainty has grown. (File photo: Reuters) The Nepal government on Sunday tabled a Constitution amendment bill in parliament aimed at altering the country's map amid a border dispute with India. There are multiple ways to reach out to India but the Oli administration has failed to exercise them.”. “This amendment in the constitution could further complicate relations between the two countries,” Lok Raj Baral, professor at Tribhuvan University and former ambassador to India, told the Post. The Nepal government, however, needs to deal strategically and in a sensitive manner, they say. Since joining the Post in 2010, he has reported primarily on social issues, focusing on education and transitional justice. [1][2] On 18 June 2020, the Upper House unanimously passed the Bill after which the President of Nepal Bidhya Devi Bhandari signed the Bill. Four lawmakers from the 275-strong House have been suspended, either on corruption charges or criminal offences, while 12 others were absent during the vote. It is the seventh constitution of Nepal. | Photo Credit: AFP The House of Representatives on Saturday unanimously endorsed the second amendment to the constitution of Nepal to update the country’s new political map in the national emblem. Government registers constitution amendment bill to revise Nepal’s map in national emblem. Kathmandu. Nepal leaders begin debate on new map The territories that Nepal has depicted in its new map have been claimed by India as its own. Except for Samajbadi Party lawmaker Sarita Giri, no other lawmakers registered an amendment to the bill. [3], The new map places held Limpiyadhura, Lipulekh and Kalapani as territory under Nepal. [1][2] On 13 June 2020, the motion was put forth for voting in the lower house of Nepal's Parliament by the government of Prime Minister KP Sharma Oli. The bill seeks to amend Schedule 3 of the constitution to update the map in the national emblem as per a new political map released on Wednesday. [1] In November 2019 India had issued a new map in which Kalapani, a disputed territory according to Nepal, was shown as Indian territory. It is divided into 35 parts, 308 articles, and 9 schedules. ROLPA, Aug 11: Speaker of the parliament Onsari Gharti Magar on Thursday stated that there is no alternative to amending the constitution. On 20 May, Nepal officially released a new map showing the disputed territories of Limpiyadhura, Lipulekh and Kalapani within its borders on 20 May. Kathmandu. The bill now needs to be endorsed by the National Assembly and authenticated by the President before it comes into effect. All lawmakers present in the House voted for … Amendment placed restrictions on judicial scrutiny of post of Prime Minister. The number of states and its boundaries can also easily amended. New Delhi, however, was quick to react to the developments in Kathmandu. [6][4] The move also comes ahead of the Prime Minister of Nepal facing calls to step down, and days after India opened a road through Lipulekh to Lake Mansarovar in the Tibet Autonomous Region of China. The recent unanimous passing of a Constitution Amendment Bill by Nepal's House of Representatives has generated a furore.Article 9 of the Constitution of Nepal … The volume launched today is simultaneously a commentary on the new Constitution as well as a report on the international conference on the Constitution of Nepal, 2015, which was on August 11-13, 2018. Binod Ghimire covers parliamentary affairs and human rights for The Kathmandu Post. President Bidya Devi Bhandari on Thursday authenticated the proposal to amend the constitution after its unopposed approval by both houses of the federal parliament. Thirty-three amendments to the United States Constitution have been proposed by the … While Nepal has argued that Limpiyadhura is the origin of the river, India has claimed Kalapani as the source. The Council of Ministers of Nepal had announced the new map on 20 May 2020 and two days later it was placed in the Parliament. Internal struggles had become so intense until April that Oli was under pressure to face the Standing Committee and step down as prime minister. Mrigendra Bahadur Karki, an associate professor at the Centre for Nepal and Asian Studies, said that pressure had been building to reclaim Nepal’s land. Also read: Nepal set to adopt constitutional amendment on June 9 to give legal status to new map The Amendment Proposal seeks to incorporate updated political map in the Constitution of Nepal- 2072, depicting areas of Kalapani, Lipulekh and Limpiyadhura within its own borders. Nepal’s House of Representatives members in Kathmandu on June 13, 2020 gesture as they vote on an amendment to update the national emblem with a new political map. The Cabinet, on May 20, had issued a new administrative map of the country incorporating Limpiyadhura, Lipulekh and Kalapani, all territories disputed with India, into Nepali territory. I announce that the bill has been endorsed by more than a two-thirds majority,” Speaker Agni Sapkota announced. Kathmandu: Nepal's new Constitution cannot be amended on the wishes of any other country, former prime minister KP Sharma Oli, said on Monday. The Constitution Second Amendment bill will change the Schedule 3 of the Nepalese Constitution and replace the existing map with the map that was unveiled on May 20. Constitution of Nepal 2015 (Nepali: नेपालको संविधान २०७२) is the present governing Constitution of Nepal. The Constitution of Nepal (Second Amendment 2077) Act seeks to give legal status to a new map of Nepal to be used in the country's national emblem by amending Schedule 3 (Coat of Arms) in the Constitution of Nepal. The amendment was introduced and passed in the Lok Sabha on 7 August 1975 and again introduced and passed in the Rajya Sabha on 8 August 1975. Before the amendment bill was put to vote on Saturday, cross-party lawmakers had welcomed the bill but also asked the government to expedite political and diplomatic dialogue with India to bring the land back in Nepal’s possession. Analysts and experts, however, said that India does not need to wait for the Covid-19 emergency to end if it really wants dialogue with Nepal. The government on Tuesday had presented the bill in the Lower House for theoretical discussion, which unanimously endorsed a proposal to consider a second amendment to the constitution of Nepal the same day. “However, the Nepali leadership has not been able to handle the issue tactically without hurting India’s ego,” said Karki. The Upper House of Nepal Parliament on Thursday passed the Second Constitution Amendment Bill 2077 (Vikram era), with all 57 (one post has … So, I believe both sides will come to the negotiating table.”, “I won’t be surprised if negotiations start after Oli is out of power,” said Karki. The Cabinet, on May 20, had issued a new administrative map of the country putting Limpiyadhura, Lipulekh and Kalapani, all territories disputed with India, within Nepal’s borders. The second amendment to the constitution of Nepal received the presidential seal on Thursday evening, completing the entire process to incorporate the country’s new map in the national emblem. New Delhi: India and Nepal are planning to hold discussions over the Lipulekh-Kalapani border row soon, even as the Himalayan nation’s government tabled a constitutional amendment bill Sunday to endorse its controversial new political map. Nepal Prime Minister Khadga Prasad Sharma Oli. Ruling party insiders told the Post on Friday that they had stopped short of upping the ante against Oli, as they feared they would be perceived anti-nationalist when the new map was being endorsed by the Lower House. Some of the Positive features of Nepal Constitution 2072 are: Flexible constitution. The Constitution of Nepal (Second Amendment 2077) Act seeks to give legal status to a new map of Nepal to be used in the country's national emblem by amending Schedule 3 (Coat of Arms) in the Constitution of Nepal. Last month, Delhi said that both Nepal and India were “in the process of scheduling Foreign Secretary level talks which will be held once the dates are finalised between the two sides after the two societies and governments have successfully dealt with the challenge of Covid-19 emergency.”. New Delhi, for the first time, acknowledged the need for dialogue after Kathmandu lodged a strong protest against the opening of a road link via Lipulekh. This means it can easily be changed/updated by the two to third majority of parliaments. Supreme Court of Nepal Advocate Dipendra Jha writes in The Kathmandu Post: "many other aspects of the new constitution are more regressive than the Interim Constitution of Nepal 2007. The development came on the heels of fast-changing internal dynamics in the ruling Nepal Communist Party (NCP), with Prime Minister and party chair KP Sharma Oli facing a tough challenge from his opponents in the party. The government, two days later, registered a bill in Parliament, seeking to amend Schedule 3 of the constitution to update Nepal’s new political map in the national emblem. Diplomatic and political dialogue with India necessary to bring Limpiyadhura, Lipulekh and Kalapani back into Nepal’s possession, lawmakers say. It was amended on 9th Magh 2072 B.S. Prime Minister KP Sharma Oli, after the bill was endorsed, said there would be dialogue between the two countries. “There has been a complete breakdown of communication between the two countries. Giri's amendment to the bill had sought to retain the old map in the national emblem as there was no evidence to claim Lipmiyadhura, Lipulekh and Kalapani as part of Nepal, she had argued. The Samajbadi party had asked Giri to withdraw the amendment upon threat of internal action, but Giri refused to do so. In the context of Nepal, while the new constitution has not discriminated its citizens based on gender, its laws need to be amended before we see equality between men and women in practice. “It is also violative of our current understanding to hold talks on outstanding boundary issues.”. “This artificial enlargement of claims is not based on historical fact or evidence and is not tenable,” said Srivastava. The bill needed 184 votes, two thirds of the Lower House, as per Article 274 (8) of the constitution. As many as 17 State Assemblies, summoned on Saturday, 9 August ratified this amendment and President Fakhruddin Ali Ahmad gave his assent on Sunday, 10 August and the civil … In News- Recently, Nepal’s Parliament passed the Second Constitution Amendment Bill, which gives legal status to the new political map of Nepal featuring territory of Lipulekh, Kalapani and Limpiyadhura. Nepal entered a new phase of political turmoil after Prime Minister Oli had dissolved the lower house of the Parliament on 20 December. A copy of Nepal's Constitution 2072 lies on the table inside the Constituent Assembly in Kathmandu, Nepal, on September 18, 2015. Speaking at a program held by Federation of Nepalese Indigenous Nationalities Journalists (FONIJ) on the occasion of its 17th anniversary in the district headquarters Libang, Magar said except for the unchangeable clauses of the constitution all others … Giri boycotted the House after the Speaker announced that her amendment proposal had been scrapped. The bill seeks to amend the political map of Nepal included in Schedule 3 of the Constitution. But Oli’s release of the map earned him support in such a way that even the opposition parties, and all the opposing factions in his party, were on the horns of a dilemma. KATHMANDU, June 1: The constitution amendment bill on the new political map of the country tabled earlier at the federal parliament has been published in the Nepal Gazette to inform the public. "The amendment bill will seek to amend Schedule 3 of the constitution to revise Nepal's map in the national emblem in line with the new political and administrative map of the country," Khatiwada told reporters this afternoon after the cabinet meeting. Binod Ghimire. Updated at : June 13, 2020 23:07. All lawmakers present in the House voted for the bill as all the parties had issued a whip. On May 22, the government had registered the bill at Parliament, seeking to amend Schedule 3 of the constitution to update Nepal`s political map in the national emblem. It is significant that we are publishing this volume on the 5th anniversary of the Constitution's promulgation in September 2015." [4][5] Nepal claims the area as per the Treaty of Sugauli and claims that India was granted permission for troop movement in the area in the 1950s, but since then India has refused to move them back. Published at : June 18, 2020. “The success of the KP Sharma Oli government depends on how well it can restore trust,” said Baral. Earlier, Nepal government had withdrawn the second Constitution Amendment Bill which was presented in the Parliament in November 2016. “We have all the necessary documents to claim our land when we sit for dialogue with our southern neighbor,” she said. The Constitution had been adopted just a few months ago, in September 2015. The House of Representatives on Saturday unanimously endorsed the second amendment to the constitution of Nepal to update the country’s new political map in the national emblem. The Council of Ministers of Nepal had announced the new map on 20 May 2020 and two days later it was placed in the Parliament. The Constitution of Nepal 2072 BS was promulgated by President Ram Baran Yadav unveiled on behalf of Speaker Subash Chandra Nembang on 3rd Ashwin 2072 BS. Nepal’s decision on constitutional amendment untenable: India 13 Jun, 2020, 07.39 PM IST Nepal’s House of Representatives on Saturday unanimously endorsed the second amendment to the constitution of Nepal to update the country’s new political map in the national emblem. The provision in Article 274 of Nepal’s Constitution will be cancelled and a new Federal Structure Commission will be formed which will present a new report regarding delineation. Photo: Reuters With Saturday’s developments, according to political and diplomatic experts, Nepal might have strengthened its position, but it could further escalate tensions with India. Nepal is governed according to the Constitution which came into effect on Sept 20, 2015, regarding the Interim Constitution of 2007. Constitution of Nepal - 2072 BS. So What are the Positive Things We can Moan about New Constitution ? [4], "Constitution amendment bill to update Nepal map endorsed unanimously at the Lower House", "Nepal parliament unanimously endorses second amendment, map updated", "Nepal's new map now part of Constitution", "Nepal seeks talks with India as its lower House approves amendment proposal on controversial new map", "India's new political map places disputed territory of Kalapani inside its own borders", "Nepal is caught in the middle of India-China border tensions", https://en.wikipedia.org/w/index.php?title=Constitution_of_Nepal_(Second_Amendment_2077)_Bill&oldid=991431423, Creative Commons Attribution-ShareAlike License, This page was last edited on 30 November 2020, at 01:07. Karki said the Nepali leadership needs to showcase maturity both in its language and diplomatic dealings to create a conducive environment for table talks. It requires a two-thirds majority vote in parliament to endorse any constitution amendment bill. The Constitution of Nepal Date of Publication in Nepal Gazette 20 September 2015 (2072.6.3) The Constitution of Nepal (First Amendment), 2016 (2072) 28 February 2016 (2072.11.16) Preamble: We, the Sovereign People of Nepal, Internalizing the people's sovereign right and right to autonomy Three weeks after introducing a constitutional amendment bill in the federal Parliament, the government on Tuesday presented it at the Lower House. While speaking in Parliament in late May, Oli had taken a jibe at Indian national emblem. Speaking to the media, Oli said that all the parties had showcased unparalleled unity. Nepal. “The task ahead is much more difficult.”.
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