Download Federalism - Law Neeti

Federalism and State Restructuring in Nepal:
Challenges and Opportunities
A presentation for Seminar Paper by Yagya Raj Pandey
About the cover picture:
The cartoon on thecover
is drawn by Ratna Sagar
Shrestha and depicts all
the diverse people of
Nepal working on the
restructuring of the
state, discussing in a
cooperative
fashion
where the lines should
go to demarcate units
for federalism (or indeed
devolution).
General Background
• Nepal declared Federal State on 16th jestha 2065 for the first
time by 4th amendment of Interim Constitution 2063.
• Article 4, ‘Nepal is a Federal Democratic Republican State’
Federalism: Generally, division of state into several independent
states where power of the government is constitutionally divided
into central authority and constituent units.
Federation occurs: a.If Independent states agree to join (Aus,USA)
b. If units demand large measure of autonomy
(Brazil, Canada)
Cont’d
• Relevant before unification of Baise and Chaubise states by
Prithvi Narayan Shah
• Nepal, transforming from unitary to federal
• Initially, ancient Greek Philosophers classified state as
aristocracy, polity,tyranny,democracy. Federalism new concept
• Date back to 13th century B.C., ancient Israelites to maintain
national integrity linking several tribes.
• Modern federalism in USA (1787)for first time. (V.D. Mahajan,
Political Theory)
• Switzerland (1848), Canada (1867), Brazil (1891)
Cont’d
• dream of Nepali people to draft a constitution from Constituent
Assembly came into reality.
• Nepal constitutionally divided into 7 federal states.
• Celebration by one group of people, agitation by the other.
• Unofficial economic blockade
• 50 people killed in terai
• Demarcation of border only till date
• Condition is in chaos
Federalism, Very debatable issue
Hence, chosen topic- 'Federalism and Restructuring of State in
Nepal: Challenges and Opportunities.'
Origin and Concept of Federalism
Concept and definition of Federalism
• Derived from 'Federation‘. Latin word 'foedus‘, refers to a
treaty or agreement.
• Division of sovereignty among states, definitions centralized
towards the American model.
Conditions necessary for federalism
• "They must desire union and must not desire unity” AV Dicey
• Equal area & population
• Adequate economic resources
• Geographical contiguity (lacked in British Empire, Pak-Bang)
• Common language, ethnicity, culture.
Historic wave of federalism
America (1787). Later it was adopted by Switzerland (1848), Canada
(1867), Argentina (1853), Australia (1900) and so on.
Types of Federalism
Asymmetric and Symmetric Federalism:
Dual Federalism
Cooperative Federalism
Features of Federalism
• supremacy of the Constitution
• division of powers
• authority to the courts
Purposes of Federalism
• To unite the several weak fragmented states into a single
strong federation.
• To save the country by making the independent union of
separating states
• To get freedom from the colonization rule
Need of Federalism in Nepal
• To address “unity in diversity”
• Decentralization of power
• Utilization & mobilization of resources
• Exercise of democracy
• Gurantee of rights and ensuring of securities
CHALLENGES AND OPPORTUNITIES OF
FEDERALISM IN NEPAL
• Nepal is a sovereign, independent, landlocked country.
Diversity in caste, language, culture & tradition.
• Trying to fit federal model of other countries may not work.
Challenges of Restructuring
Challenges in terms of ethnicity
Challenges in terms of Economic resources
Opportunities of Federalism in Nepal
• Reduces gap betwn people and government. Conflict settle at local level.
• Maximum use of means and resources.
• It helps to induces political autonomy
• No need to depend upon the centre for everything.
• Increment of public participation. Accelerate development activities.
• Local and ethnic art, culture and heritages well protected.
• It represent the diversity of the state. balanced population distribution
• Sovereignty is distributed. It make county sovereign and democratic.
• Makes the developmental works effective
FEDERALISM OF WORLD AT A GLANCE
AND NEPAL
federalism of Developed and Developing Countries
Federalism in USA
• Dual federalism, grouping of states is under the ruling of central
power
• federal government has certain express powers (enumerated
powers). Power to levy taxes, declare war & regulate foreign
commence.
• both levels of government would exercise authority to the
citizens’ benefits
Federalism in Switzerland
• linguistic identities:G-63.9%, F-19.5%, I-6.6%, R-0.5% and rest 9.5%
(2000)
• Swiss heterogeneity extends to religion. 44% Roman Catholic
Christian, Protestant Christians 36.6%.
• basis of federation: history, political & geographical considerations
state has to preserve neutrality as federal constitution guarantees the
freedom of religion and nondiscrimination
• cantons are free to establish their own judicial systems, including the
method of appointments of judges and the jurisdiction of courts
• Federal Court is the final appeal court on constitutional issues.
• The Federal Court declare void state laws and policies inconsistent.
cannot question the validity of federal legislation. A federal law can
be repealed by a referendum
Federalism in Ethiopia
• Ethiopia implementing ethno-linguistic federal politico-legal arrangement.
• Criticized- as implementing the constitutional right of ethno-linguistic
communities, with an ultimate aim of disintegrating Ethiopia.
• Scholar Gamest, “adoption of Ethiopian federalism was a fundamental
error because it is based on ethnicity”
• created problem, ethno linguistic domination and conflict.
Conceptual Analysis of Federalism in Nepal
• In successfully federalism adopting countries, General
background for federalism was present before they undergo
federal system
• From the world perspectives, federalism for a multi lingual,
multi-cultural and multi ethnic nation like Nepal, is generally
found the hindrance of development and prosperity.
• The only way for Nepal way is to struggle to overcome the
challenges in the path of federalism
• Political change should move simultaneously with socioeconomic realities of the country.
FINDING
• Federalism system is adopted basically with three reasons.
-to make a stronger nation by uniting the fragmented states.
(America, Switzerland, Australia, Germany, Russia)
-to make union of the separating states (Canada, Brazil Nigeria)
-to get free from the colonization (Argentina, Austria, India)
A bitter truth
• Federalism was demanded in Nigeria on the basis of
ethnicity. 3 states on the basis of ethnicity were
formed in 1963. But after few days, next tribe of
people demanded for a next state. So, the country
which was begin with 3 states reached to 36 states.
• As it is believed that the needs of all marginalized
people can be fulfilled by the inclusion in federalism
but it should be understand that the fulfillment of
demands and federalism has no any such relation.
Conclusion
• No system is good or bad in itself, it’s the people who build their
nation in their own way
• System never fails, it’s only the people who fail to exercise the system.
Federalism is an opportunity for
Nepal and it should be implemented as
per the fulfillment of need of citizen,
stable political system, peace and
prosperity.
Thank you