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Scholars hail Nepal’s constitution as a progressive model in South Asia

‘Unlike India, where Parliament holds unilateral power to alter state boundaries, Nepal requires the consent of its provinces to adjust internal borders.’

Biratnagar: Academicians from India, Bangladesh, and Nepal praised Nepal’s Constitution as a progressive document designed to foster a deeper democratic fabric and inclusive governance. The observations were made during a Special Lecture Series on Constitutional Law organized by Manmohan Technical University (MTU), Biratnagar.

In his keynote address, Prof Dr Pramod Tiwari, a renowned Constitutional Law scholar from the University of Delhi, described Nepal’s federal structure as more robust than that of India. “Unlike India, where Parliament holds unilateral power to alter state boundaries, Nepal requires the consent of its provinces to adjust internal borders,” he noted. Dr Tiwari also highlighted Nepal’s express guarantee of rights such as compensation for victims, the right to a clean environment, and the right to food—provisions, he said, are only implied, not explicit, in the Indian Constitution.

Dr Tiwari further emphasized Nepal’s features of single citizenship, minimal rigidity and legalism, integrated judiciary, and administrative uniformity, calling them strong pillars of its federal system. Drawing comparisons with India and the United States, he suggested that Nepal’s federal practices offer lessons for other nations grappling with similar governance challenges.

Adding to the discourse, Prof Dr Farhana Helal Mehtab, Dean of the School of Arts & Social Sciences at Southeast University, Dhaka, examined writ jurisdictions in Bangladesh, India, Nepal, and the United States. She stressed the rising presence of women in South Asia’s legal sector, advocating for greater representation in politics, judiciary, and academia to achieve meaningful societal transformation. “A society cannot progress unless it ensures and respects women’s rights and promotes best practices,” she remarked.

Ali Mashraf, Lecturer at East West University, Dhaka, lauded Nepal’s judiciary for its speedy procedures and automated case listing system, noting that such digital efficiencies are yet to be realized in Bangladesh where the Chief Justice manually allocates cases. Mashraf also shared insights into Bangladesh’s writ jurisdiction and judicial structure.

The session concluded with an engaging question-and-answer segment, capping a four-hour virtual exchange of ideas on constitutional principles and reforms.

Prof Koshraj Neupane, Principal of Manmohan Institute of Law, a law school under MTU, welcomed the guest scholars and expressed hope that Nepal’s federal practices could serve as a guiding light for other federal nations—provided that political leaders, institutions, and the public commit to fully realizing the 2015 Constitution.

The session was facilitated by Jivesh Jha, who teaches Constitutional Law to LLM scholars at MTU. He echoed the sentiment that Nepal’s Constitution is rich in progressive values—especially in terms of inclusive representation and fundamental rights—but emphasized the urgent need for its complete and genuine implementation to ensure national development and prosperity.