Fortify the provincial structure for political stability

Nepal currently has a coalition government of major political parties like the Nepali Congress and CPN-UML, which have established a stronghold on every state apparatus.

During the formation of this government in 2024, it made a written commitment to ensure political stability in the country by amending the constitution. Even after a year, the draft of the constitutional amendment has not been introduced.

The big political parties and the Permanent Establishment of Nepal (PEON), who aim to centralize state resources and power, are not openly opposing the provincial structure, but they have been creating narratives that it is not viable for the country.

In order to keep the provincial structure from gaining power, traditional political parties—who hold the narrow belief that federalism is only about decentralizing resources—have tried to win votes through promises in their election manifestos but have failed to deliver in practice.

Crime has visibly increased in Madhesh Province due to factors such as population density, open borders, illegal drug trafficking, foreign employment, and communal tensions.

This article discusses the centralized attitude toward provincial structures and the lack of alternatives to the current framework.

Texts and pretexts

Nepal’s current federal framework and the powers granted to provinces are often viewed as quasi-federalism. However, the provinces have been making efforts to give substance to federalism within their constitutional jurisdictions.

The creation of relevant and essential laws is a prerequisite for the effective functioning of any state institution, and adequate resources and manpower are mandatory for their implementation.

For example, the Madhesh Provincial Assembly has passed 64 laws covering a range of areas so far. Practically speaking, provincial governments must have their own police forces and civil administrations in order to implement these laws effectively. Ironically, there has been no prompt response to such necessities.

I recall that in 2018, only a year after the provinces were formed, then-Minister of Internal Affairs Gyanendra Kumar Yadav had told the Federal Home Minister, “The Federal Police Act should be introduced quickly to facilitate the Provincial Police Act.” Home Minister ‘Badal’ had replied, “Don’t rush. We will come up with the Police Act in two weeks, and then Madhesh Province can make its own act accordingly.”

A few months later, after obtaining in-principle approval from the Council of Ministers, the Ministry of Internal Affairs registered the Provincial Police Act in the Madhesh Provincial Assembly that same year.

After waiting two months for the federal government, the provincial legislature passed the act with a majority—sparking heated controversy in Kathmandu. Pushpa Kamal Dahal, leader of the ruling party, publicly warned the provinces not to “overtake” the center.

As in previous years, the federal and provincial home ministries jointly organized a provincial-level security conference in Janakpurdham last month.

Whether in Karnali, Sudurpaschim, or Gandaki Provinces, the federal and regional systems established by the Madhesh Movement have brought structural changes to Nepal’s geography and politics.

Chief Minister Satish Singh urged a clear division of human resources and enhanced collaboration between the federal and provincial governments to ensure crime control and citizen security. He also emphasized the need to grant the provincial government structural and legal authority by finalizing the Police Act.

Crime has visibly increased in Madhesh Province due to factors such as population density, open borders, illegal drug trafficking, foreign employment, and communal tensions.

Last March, CM Satish Singh inspected hospitals in Janakpur and other districts of Madhesh Province. Most were found to be operating illegally. As a result, the CM ordered their immediate closure and instructed that they reopen only after rectifying their legal documents.

It is also widely acknowledged that Madhesh Province lags behind in basic education indicators. The SEE examination in this province has not been conducted in a dignified and fair manner.

To address this, it was decided that superintendents at examination centers should be selected through a lottery, and that this decision should be implemented by all district examination coordination committees.

However, this was ignored. As a result, no provincial body participated in any SEE examination-related activity. The core issue lies in the fact that secondary education falls under the jurisdiction of local governments, while the examination board—controlled by the central government—conducts the exams, and the province has no constitutional authority over it.

Still, in the education sector, Madhesh Province has taken important steps. The Agricultural University, Madhesh University, and Madhesh Health Science Academy have been established. Lumbini and Bagmati provinces are also operating their own universities.

Initiatives like the Dalit Empowerment Act, Women Empowerment Act, and programs like “Save the Daughters, Educate the Daughters” implemented by Madhesh Province aim to reduce the deep-rooted discrimination prevalent in the region—which has the second-largest population in Nepal—and to contribute to equality and long-term peace, despite obstacles posed by the centralized mentality of PEON.

According to a report, the interim organizational structure approved by the Government of Nepal at the local level includes 138,622 employee posts. Despite this, there is still a shortage of staff in both the provinces and local governments.

Only after the Madhesh Movement erupted in the southern plains of Nepal did the word “federalism” get inserted into the interim constitution. The root cause of resistance to federalism lies in the long-standing unitary system and governance mentality of the state.

According to Article 235 of the Constitution, federal laws must be enacted to ensure harmony among the center, provinces, and local governments. Clause (2) of the same article states that the provincial assembly may resolve political disagreements by working with relevant rural municipalities, municipalities, and district coordination committees.

Clause (3) mandates that the procedure for resolving disputes should be governed by provincial legislation. Although provinces are given authority, it is often curtailed due to the lack of clear provincial statutes. Moreover, if a provincial law contradicts a federal law, the federal law prevails automatically.

Root cause here

Whether in Karnali, Sudurpaschim, or Gandaki Provinces, the federal and regional systems established by the Madhesh Movement have brought structural changes to Nepal’s geography and politics.

Yet Madhesh Province is the only one vigorously opposing statements by the UML, Congress, and Maoists, who argue that a province is merely a unit of the federation and that there should be no haste in passing the Police Act.

Reflecting on recent history, the Maoist armed movement, which began in 1996 and lasted nearly a decade, did not succeed in achieving power through armed struggle.

However, it played a vital role in catalyzing major political reforms in Nepal. It awakened the geographically, socially, economically, and politically marginalized masses to the inevitability of republicanism.

Ultimately, all those maintaining the status quo in Nepal must realize that federalism is a system of self-governance. It is time to show statesmanship by enacting necessary laws and accepting that federalism empowers provinces and ensures long-term political stability for the country.

The movement exposed the vast divide between the ruling and the ruled classes in Nepali society. Following the 12-point agreement of 2008 and subsequent political negotiations, Nepal’s monarchy was abolished. However, the Maoists ultimately accepted a provisional constitution that did not include federalism.

This was a major blow to the marginalized communities who believed that federalism would allow self-governance and identity-based representation.

Only after the Madhesh Movement erupted in the southern plains of Nepal did the word “federalism” get inserted into the interim constitution. The root cause of resistance to federalism lies in the long-standing unitary system and governance mentality of the state.

A large section of the population has been politically and economically excluded for generations. Whether it’s the identity-based forces in eastern Madhesh, Madhesh Province itself, or the Tharu community in the western Terai, the indigenous people of these regions are deeply conscious of their identity.

Their questions—“Who will govern?” and “By whom will we be governed?”—must be taken seriously.

In an attempt to delegitimize federalism, PEON made a 16-point agreement before the promulgation of the new constitution through the second Constituent Assembly, which proposed to introduce provincial structures later.

This led to a mass protest movement on the streets, during which several demonstrators were killed, and Madhesh-based parties were forced to leave the Assembly. If no writ petition had been filed at the Supreme Court, Nepal might not have the provincial structure it has today.

Ultimately, all those maintaining the status quo in Nepal must realize that federalism is a system of self-governance. It is time to show statesmanship by enacting necessary laws and accepting that federalism empowers provinces and ensures long-term political stability for the country.