The principle of federalism is the distribution of power between National and Sub-National Governments.  In the context of Nepal, federalism is synonymous with respect for rights and identity. Even though it is such an important issue, federalism in Nepal has been going through a difficult journey, and there are signs that it will be even stronger in the coming days. An attempt to review this issue has been made in this article.

The formal beginning of federalism in Nepal was done by the first amendment of the interim constitution. In the interim constitution issued on the basis of political consensus, the phrase “progressive restructuring of the state after ending the unitary state structure” was mentioned at the beginning. The progressive restructuring of the state is a bigger concept than federalism, that is, federalism is only geographical division, while restructuring is the federalization of all the organs and structures of the state. The explanation was not sufficient or could not be explained. There was a movement against the interim constitution. A month after its release, the first amendment was passed which committed Nepal to a federal structure. It can be said that its formal beginning was from the first meeting of the Constituent Assembly that Nepal will be a federal democratic republic state. The advocates of federalism are Maoists and Madheshi, due to their desperate efforts, the federal system began with the end of the unified and centralized governance system of the state.

Nepal’s federalism has become like a malnourished child after being nurtured by the care of its mother. Although there were many attempts at the beginning, the Maoist people’s war in the last stage planted federalism in Nepal. The last phase of the Madhesh uprising was the catalyst for its growth. Politically, the mainstream parties came to accept federalism. The responsibility of bringing up the federalism thus obtained did not entirely fall into the hands of Maoists and Madheshists. Those who were given the task of raising federalism were never in favor of federalism. Federalism is only considered to bring the Maoists to peace talks. This subject was not valid for us yesterday, not today and will not be tomorrow. He could not do anything other than suppressing federalism. Finally, Nepal’s federalism was forced to end like the care of an unwilling caste.

Federalism was established in Nepali politics as a synonym of identity, respect and rights. Even today, it has been argued that there was some theoretical error in the design of federalism for some time, just like this alliance which takes the federal democratic republic as a means of salvation or death and swears to salvation or death. Federalism was accepted as a means to end discrimination and oppression created by a unitary and centralized government. It was deeply believed that the end of discrimination and oppression is possible only through the guarantee of equitable distribution of identity rights and respect. Access to state power was the first condition. The second condition was the creation of natural conditions to create the feeling that the state power belongs to me. Identity and totality were the theoretical basis of federalism. However, Nepali federalism could neither support the basis of identity nor the basis of unity. In the same way, the Maoist’s proposal to provide equal representation in the state structure through the proportional election system and compensation for discrimination and oppression until now was rejected. Finally, the constitution accepted the federal democratic republic but could not stand up to the theoretical recognition of federalism. The constitution wrote federalism, but it could not guarantee identity rights and respect. There is no need to hesitate to say that the federalism that stood on the foundation of these and similar theoretical and legal errors was very natural in its implementation and is currently suffering the same fate.

All the theoretical and legal errors of federalism can be considered. It can also be said that federalism stands on the foundation of imperfection. But Nepali federalism has done a good job of dividing the rights apart from some exceptions. The union, state and local levels of the state have given importance to the use of state power. The constitution has made it clear that all three levels are capable of making laws and collecting taxes. Seven years of the implementation of federalism, which was released clarifying these issues, did not inspire hope. The respect and recognition of the rights guaranteed by federalism would have been incomparable if only the provision of federalism in the constitution had been faithfully implemented. Founding stone would have been the cornerstone to solve the problems of oppression and discrimination imposed by the unitary and centralized governance system. But as a result of not being wholeheartedly in favor of federalism by those who hold the reins of the state, Nepali federalism has suffered in the past seven years from the many opponents and critics of federalism. For the effective implementation of Nepali federalism based on the principles of coordination, cooperation and coexistence, some important structures have been arranged in the constitution itself. There is an inter-provincial council to resolve political disputes due to federalism, but the meeting of that council could not be held more than three times in the last seven years. The Constitutional Court formed to resolve constitutional and legal disputes could not be formed for years. Even if it was formed, the Court could not rise above the regular Court. Its decisions were not to strengthen federalism, but to weaken it, and not to resolve constitutional disputes.

It has started to be commented. According to the provision of the constitution that the federal parliament will enact laws for mutual coordination between the federal states and local levels, in the fifth year of the promulgation of the constitution, neither that law nor the national coordination council envisioned by that law has been formed, nor has a meeting been held, and there has been no need for coordination.

It has been seven years since the constitution with federalism was issued, and the first term of the elections held under that constitution was not a pleasant one. Federalism is not even friendly, so if there are any obstacles in the implementation of federalism, the coming days are getting more dangerous. For this, a form of understanding among the supporters of federalism seems necessary. During the election, an effective action plan to implement federalism could not become the election agenda. The proponents of federalism could not find an effective agenda. The opponents of federalism demanded a vote to cancel the important part of federalism with a loud voice. On the basis of this slogan, the anti-federalists even became the National Party. They have succeeded in representing a significant number of people in Parliament. The alliance of some influential leaders of federalism supporters and mainstream parties with him is clearly visible. This will create a huge obstacle in the direction of protecting and promoting federalism. The anti-federalists have not only said that they do not need a state, they have also said that they need a king. He also said that we do not need secularism, we need a Hindu state. Federalism, republicanism, secularism and proportional inclusiveness obtained from the incomparable sacrifices and dedication of the past seventy years are said to be important achievements of Nepal’s political change. It is also true that the constitution has institutionalized these political gains. But today there has been an attack on this achievement. An open challenge is being given to reject it, not just to attack it. It is also defined as a symbol of regression. But in order to win the election and to add some votes, there has been a job of reaching sixty with those regressive. There has been an alliance with them. The act of trading votes with them has added challenges to ethics in politics and the constitution of the country. It has added challenges to federalism. It remains to be seen whether this challenge is only up to the politics of votes or beyond that, but it can be said that the signs are strong for the advent of federalism.

Federalism has many shortcomings. Federalism may not have worked. It may not have been allowed to operate properly. But federalism will not be unnecessary. Those who say federalism is unnecessary cannot confirm it. Yes, the advocates of unitary and centralized mentality did not like federalism. The monarchists did not like the republic. Communists do not like non-communists and non-communists do not like communists. There is nothing strange about it. But denying the reality of Nepali society is not beneficial for Nepali society and the person who rejects it. The Ranas did not like democracy and the Panchayat did not like Multiparty system either. It is definitely not a gift given by the royalists to the Republic. It is certain that unitary governance will come and federalism will take leave just because the anti-federalists do not like it. No matter what is said in the course of time, no matter what alliances or coordination or transactions are done in the politics of votes, the access to identity and rights provided by federalism is not enough, but it is certainly not of low value. Today, the country, which makes laws, policies and budgets only from Singh Durbar, has divided into 761 places. The authority to make their own development plans, make their own budgets, and spend their own money is only due to federalism. The people will respond to whoever and whenever they take away the said right. There is no dispute about that. Some bosses and elites who own the people’s government do not like the fact that the people have exercised their rights. For this reason, it is not possible to reverse the federalism that empowers the people.

It will be a different but important responsibility for the supporters of federalism to face the anti-federalists in the upcoming Parliament and those who have succeeded in colluding with them. It will compel him to listen to and bear the attack on their important achievement and if they cannot, to fight back. The agitators will have to be ready to tolerate the voices of the group, which portrays the proud past as a anti-nationalist element or as terrorists. One should be prepared to listen to the glorification of the unitary centralized feudal regime and to listen to the heavy refutation of the federal democratic republic. However, federalism did not come in a simple rush, but because it was achieved as a result of long and endless hard work as well as sacrifice and sacrifice, the same energy of sacrifice and sacrifice will sustain it. There is no problem in maintaining durability, but it is necessary to think about maintaining movement. Due to federalism, it is necessary to propagate and clarify the rights and recognition and respect that the people have received. The future Parliament and MPs will have to face this additional workload.