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Challenges and Prospects of Federalism in Nepal Purna Man Shakya Associate Professor, Faculty of Law (TU)

Background Nepal is a small state tucked between India and China. It was divided into a numerous principalities and kingdoms for a long time. In the late 18th century, Prithvi Narayan Shah, the then King of Gorkha (one of the small kingdoms of Nepal prior to its unification) conquered most of the Kingdoms and principalities to constitute them in to what it is known as the Kingdom of Nepal. Since then Nepal remains a unitary state up to date. The consolidation and unification of Nepal continued for a long time even after the death of the King Prithvi Narayan Shah. Before the unification, each kingdom and principality had its own system of government. The social and cultural autonomy and freedom of different communities continued even after unification for a long time but in the political front Nepal slowly and consistently came under centralized administration. Over a period of time the local systems were slowly annihilated or replaced by centralized andpersonalized governance system. Local identity, local aspirations and cultural and social diversity were systematically suppressed. It was followed by a state sponsored campaign forconsolidation of Nepal as a one nation through imposition and promotion of one language, one culture and one religion (Hindu Religion). Nepal's diversity and indigenous community identity never got priority in state policy. Nepal since then has been under a strong center despite of division and re-division of country into various administrative districts, zones and regions from time to time. All these restructuring of administrative units were basically for strengthening central government's control, effective revenue collection and development planning purpose. Boundaries were drawn from Kathmandu for the convenience of government and bureaucrats – not for addressing local community aspirations and right to self determination. Nepal's judicial system had been constituted and reconstitute from time to time through legal indictments. However, the basic concept of law and justice were guided by Hindu religious scriptures and customary practices of the ancient and medieval history of the Kingdom. Justice system had been administered under the religious, social, cultural and moral rules and traditional values. Most of the local disputes continued to be settled by people based local institutions (panchayats). However major crimes and state offenses were looked into by centrally controlled courts. Most of the time these courts remained a part of feudal and executive hierarchy and the concept of judicial independence did not find place in Nepal.