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plural citizenship in Nepal
A modern political category, not an ancient homogeneous
people
Madhesh is indispensable to the modern political history of
Nepal, but it must be handled as a historically changing
category. The word has older geographical usages, yet the broad
political macro-category 'Madheshi' acquired greatly increased
institutional and electoral salience after the restoration of
multiparty politics in 1990. David Gellner has accordingly
emphasized that the post-1990 period produced new large-scale
categories of political classification, even where the words
themselves were not wholly new. This distinction prevents a
contemporary political identity from being projected unchanged
into medieval or ancient Mithila.
The category is also internally disputed. Some plains-origin
caste groups identify strongly as Madheshi; some Tharu
organizations have resisted incorporation into a Madheshi
umbrella; Muslim identities may be articulated as Madheshi,
Muslim, regional, linguistic, or several of these at once. The
chapter therefore treats Madhesh as a field of political
identification rather than a single ethnos.
Madhesh, Tarai, and Mithila overlap without becoming
synonyms
Tarai or Terai is primarily a lowland geographical and
ecological term, though its administrative meanings have
varied. Madhesh is at once geographical, cultural, and political.
Mithila is a historical-cultural region whose literary, ritual, and
linguistic networks span north Bihar and parts of Nepal. Their
maps intersect, but none can simply replace the others.
Modern Madhesh Province illustrates the difference. It
contains the eight districts from Saptari to Parsa, while the
broader Nepal Tarai continues both east and west of the
province. Mithila, in turn, has major historical and cultural
centres inside Madhesh Province but is not exhausted by its
present provincial boundary.
The borderland existed before modern citizenship documents
For centuries, the plains north and south of the later India-
Nepal boundary were connected by pilgrimage, marriage,
agrarian tenancy, markets, scholarly circulation, seasonal work,
and commercial routes. The emergence of modern territorial
sovereignty did not erase these connections, but it changed their
legal meaning. A marriage route could remain culturally
ordinary while becoming relevant to nationality law; a market
journey could remain economically routine while crossing an
international frontier.
Historical method must therefore hold two propositions
together: borderland society is genuinely transnational, and the
international border is legally real. Cultural continuity is not
evidence for a single sovereignty, while sovereign difference
does not make cross-border social networks fictitious.
From Rana rule to statutory citizenship
Before the mid-twentieth century, membership in the
Nepalese polity was regulated through a mixture of subjecthood,
status, residence, land, administrative recognition, and
customary hierarchies rather than through the contemporary
universal expectation of an individual citizenship certificate.
Nepal's first modern citizenship legislation dates to 1952, during
the political transition after the end of Rana oligarchic
monopoly.
The emergence of statutory citizenship should not be
described as a simple administrative modernization. In a
borderland, documentary criteria determine access to voting,
education, employment, property transactions, passports, and
public office. They also create opportunities for officials to
classify long-settled residents through assumptions about
language, surname, origin, or cross-border kinship.
1952: the first national citizenship law
The 1952 citizenship law was an early attempt to convert
political membership into statutory categories at the dawn of
Nepal's first experiments with electoral government. Later
citizenship acts and constitutions substantially revised its rules,
but the date is important because it marks the beginning of a
documentary legal regime whose effects became especially
visible in the southern plains.
The legal history should be read alongside regional history.
Frederick Gaige's study of the Tarai showed that citizenship,
language, migration, land, and political representation were
mutually reinforcing fields of state integration. His analysis is
now historical evidence in its own right: it records how
questions of belonging were already inseparable from centre-
periphery relations before the post-1990 Madhesh movements.
1962-64: Panchayat nationalism and the citizenship regime
King Mahendra's 1960 royal intervention ended the first
multiparty experiment, and the 1962 Constitution
institutionalized the partyless Panchayat system. The 1964
Citizenship Act operated within this political order. State
integration was closely associated with the monarchy, the
Nepali language, centralized administration, and a national
culture whose official form was more homogeneous than
Nepal's actual social and linguistic landscape.
For plains residents, the issue was not simply whether the law
contained the word Madhesh. Citizenship administration
interacted with documentary proof, migration narratives,
language, and official suspicions concerning proximity to India.
These experiences later became part of the political memory
from which claims for recognition and inclusion were
articulated.
Language policy and the making of unequal public access
A state's official language is not merely a cultural emblem. It
is the language in which forms are printed, examinations are
held, orders are written, police statements are recorded, courts
operate, and public employment is mediated. Where a citizen's
first language is Maithili, Bhojpuri, Bajjika, Tharu, Urdu, Magahi,
or another language, monolingual administration can convert
linguistic difference into unequal transaction costs.
This does not imply that Nepali lacks a legitimate national
role. The problem is institutional asymmetry: a language of
wider communication can facilitate common administration
while still disadvantaging citizens if multilingual access is
absent. The contemporary constitutional framework attempts to
hold these functions together by retaining Nepali as the federal
official language while recognizing all mother tongues as
languages of the nation.
1990: multiparty democracy and a new language of difference
The 1990 People's Movement restored multiparty politics and
opened a much wider arena for ethnic, regional, caste, linguistic,
gender, and indigenous mobilization. The 1990 Constitution
recognized Nepal as multiethnic and multilingual, but it also
retained the Hindu kingdom and Nepali as the official language.
The contradiction between recognition of diversity and
continued institutional hierarchy became one of the central
themes of the following decades.
After 1990, Madheshi organizations, Janajati movements,
Dalit activism, women's organizations, and regional parties
increasingly quantified exclusion. Representation in the civil
service, security institutions, universities, political parties, and
development administration became measurable political
questions rather than only complaints about cultural disrespect.
Madheshi as a post-1990 political macro-category
The growing use of Madheshi as a broad political category
created solidarity across differences while never eliminating
them. It could unite people around experiences of
stigmatization, underrepresentation, and suspicion of cross-
border loyalty, yet it also risked flattening caste, class, language,
religion, and indigenous identity within the plains.
This duality is historically important. Successful political
categories often work precisely because they simplify. A
research history must record their mobilizing power without
adopting their simplification as an analytical fact. Thus
'Madheshi representation' and 'representation of all
communities in Madhesh' are related but not identical
questions.
The civil war, the 2006 movement, and the end of the old
constitutional order
The Maoist conflict from 1996 to 2006 and the 2006 People's
Movement transformed the constitutional agenda. The
Comprehensive Peace Agreement, abolition of the king's direct
political authority, the Interim Constitution, and the Constituent
Assembly process placed restructuring of the state at the centre
of national politics. Inclusion was no longer framed only as
recruitment into an unchanged unitary system; the architecture
of the state itself became negotiable.
For Madhesh-based actors this opened an opportunity and a
dispute. The peace settlement challenged old centralized
institutions, yet many plains activists argued that the first post-
conflict arrangements still reproduced hill-centred assumptions
and inadequate representation.
The 2006 Citizenship Act and the documentary question
The Nepal Citizenship Act, 2063 (2006) became the principal
statutory framework for citizenship in the post-People's-
Movement order. It must be distinguished from later
constitutional and amending provisions. Citizenship law is
cumulative: a person may have a constitutional entitlement, but
the usable certificate depends on statutory categories,
regulations, documentary evidence, and district-level
administration.
This distinction matters because political arguments often
collapse entitlement and implementation. A constitutional
promise can remain difficult to use if birth registration is
missing, a parent cannot be documented, names are inconsistent
across records, or an office demands proof that the statute does
not clearly anticipate.
January 2007: protest changes the constitutional agenda
The Madhesh movement of 2007 followed the promulgation
of the Interim Constitution and rapidly transformed the post-
conflict political field. Demonstrations, strikes, confrontation,
and deaths brought federalism, electoral representation,
inclusion, and regional recognition into the core of constitution-
making. The movement was not the beginning of every
Madheshi grievance, but it was a decisive moment in converting
them into a national constitutional crisis.
Violence by state forces and by protesters must both remain
visible in the record. A movement can have legitimate
constitutional demands without every act committed in its name
being lawful, while state maintenance of order does not justify
disproportionate or unlawful force.
The twenty-two-point agreement and negotiated inclusion
The 2007 agreement between the government and Madhesh-
based representatives translated street mobilization into
negotiated commitments. Its importance lies less in treating
each clause as permanently settled than in showing that
representation, federal restructuring, and inclusion became
subjects of explicit state bargaining.
Agreements of this kind are evidence of political
commitment, not self-executing constitutional law. Later
disputes repeatedly turned on whether earlier promises had
been fully incorporated, partially translated, or abandoned
during constitution drafting.
2008: the eight-point agreement and federal commitment
Further mobilization in 2008 produced another agreement
before the first Constituent Assembly election. Federalism was
now embedded in the restructuring agenda, and Madhesh-based
parties entered the Constituent Assembly with substantial
electoral strength. The election changed who sat at the
constitutional table even though it did not settle what federalism
would mean.
The episode demonstrates a recurring distinction in this
chapter: recognition can be procedural, electoral, territorial,
linguistic, or legal. Winning seats is not the same as securing
preferred provincial boundaries; a promise of federalism is not
the same as agreement on its map.
The first Constituent Assembly and competing federal maps
The Constituent Assembly elected in 2008 contained a much
broader range of parties and social constituencies than earlier
legislatures. Debates considered identity, economic viability,
administrative capacity, linguistic geography, historical regions,
and minority protection. Proposals for the number and
boundaries of provinces varied widely.
No federal map could mechanically reproduce a single social
geography because caste, language, religion, ethnicity,
migration, and historical region overlap differently. The political
question was therefore distributive: which groups would gain
the practical capacity to form governments, use languages,
allocate budgets, and influence institutions under each proposed
map?
Why the first Constituent Assembly failed to finish the
constitution
The first Constituent Assembly expired in 2012 without
promulgating a constitution. Federal design was one of the
central unresolved questions, alongside the form of government
and other institutional disputes. The failure should not be
reduced to a single Madhesh-versus-hills confrontation; party
strategy, intra-party conflict, changing coalitions, and
disagreement among identity-based movements all mattered.
Its collapse nevertheless narrowed later possibilities. When
the second Constituent Assembly was elected in 2013, the
balance of party power had shifted away from some of the
forces that had performed strongly in 2008.
2013: electoral change and fragmentation of Madhesh-based
parties
Madhesh-based parties entered the second Constituent
Assembly after multiple organizational splits and a weaker
combined electoral performance. This mattered during final
constitution drafting because constitutional outcomes depend
not only on social claims but on seat arithmetic, coalition
discipline, procedural rules, and the threshold required for
adoption.
Fragmentation also reveals that Madheshi politics was never
a single-party project. Competing leaders differed over federal
boundaries, alliances with national parties, participation in
government, sequencing of elections, and how far to prioritize
regional identity over wider ideological programmes.
2015: earthquake, sixteen-point agreement, and accelerated
constitution making
After the devastating April and May 2015 earthquakes, four
major parties reached a sixteen-point agreement intended to
break the constitutional deadlock. Drafting then moved rapidly.
Supporters argued that Nepal urgently needed a constitution
and functioning federal institutions; critics argued that the
accelerated process reduced meaningful negotiation with
dissatisfied Madheshi, Tharu, Janajati, and other constituencies.
The historical point is not that speed alone invalidates a
constitution. It is that the procedure became part of the
substantive conflict: groups that disputed the proposed
boundaries and representation rules also disputed whether they
had an effective opportunity to alter them.
The 2015 Madhesh and Tharu protests
Protests intensified across the southern plains before and
after promulgation of the Constitution. Human Rights Watch
and other observers documented dozens of deaths, including
protesters, bystanders, and police personnel, and raised serious
concerns about excessive force as well as violence by protesters.
The conflict also disrupted transport and everyday life for
months.
The protests were not geographically or socially uniform.
Madheshi mobilization was strongest in parts of the eastern and
central Tarai, while Tharu mobilization had its own
organizations and territorial demands, particularly in the west.
Treating them as one movement erases the very plurality that
constitutional restructuring was supposed to address.
20 September 2015: a federal constitution amid dissent
The Constitution of Nepal was promulgated on 20 September
2015. It created a federal democratic republican state,
constitutionalized a wide range of fundamental rights,
established seven provinces, provided mixed electoral systems
with inclusion requirements, and created institutions
specifically concerned with historically marginalized
communities. It was adopted by a very large majority of the
Constituent Assembly.
At the same time, major Madhesh-based parties and other
groups rejected important parts of the settlement. Both facts
belong in the history. A high adoption vote establishes legal
enactment and broad assembly support; it does not by itself
resolve the political legitimacy of disputed boundaries,
citizenship rules, or representation formulas.
Article 4: inclusion is written into the definition of the state
Article 4 defines Nepal as an independent, indivisible,
sovereign, secular, inclusive, democratic, socialism-oriented,
federal democratic republican state. The preamble likewise
commits the constitutional order to proportional, inclusive, and
participatory principles. These are not merely descriptive
adjectives: they provide the normative vocabulary through
which later claims against exclusion are framed.
Yet constitutional adjectives require institutions. Whether a
state is inclusive cannot be assessed solely from the presence of
the word. Recruitment, electoral outcomes, language access,
fiscal allocation, policing, documentation, and the treatment of
minorities within provinces are necessary implementation tests.
Articles 6 and 7: nation languages and official languages
Article 6 declares all languages spoken as mother tongues in
Nepal to be languages of the nation. Article 7 retains Nepali in
Devanagari as the official language of Nepal while authorizing a
province, by provincial law, to designate one or more languages
of the nation spoken by a majority of people within that
province as additional official languages. The Language
Commission has a constitutional advisory role.
This arrangement separates recognition from administration.
A language can be a language of the nation without being an
official working language in every office. Conversely, a
province's power to add official languages is constrained by law-
making, demographic interpretation, staffing, translation
capacity, and minority protection.
Articles 10-15: one federal citizenship with provincial identity
Article 10 provides for single federal citizenship with
provincial identity. Articles 11 to 15 define and authorize rules
concerning citizenship by descent, naturalization, gender
identity in citizenship certificates, non-resident Nepali
citizenship, and related statutory matters. The system is
therefore federal in political structure without creating separate
provincial nationalities.
For Madhesh this matters because provincial recognition does
not replace national citizenship. A person may identify
culturally with Mithila, politically with Madhesh, linguistically
with Maithili or Bhojpuri, and administratively with a province
and municipality, while citizenship remains citizenship of
Nepal.
Citizenship by descent and the importance of parental status
The Constitution allows citizenship by descent in several
circumstances but attaches particular conditions to some
categories. A person whose father or mother was a citizen at the
time of birth falls within the constitutional descent framework,
while children of persons who had acquired citizenship by birth
before the Constitution face an additional requirement
concerning the citizenship of both parents. Children born to
Nepali mothers where the father is not traced are separately
addressed.
These distinctions are legally technical but socially
consequential. Borderland families experience law not as an
abstract theory of nationality but as the presence or absence of a
certificate needed for education, employment, banking, travel,
voting, and public services.
Gender asymmetry is not a marginal issue
Citizenship debate in Nepal has repeatedly centred on
unequal consequences for Nepali women and men in cross-
national families. Article 11 distinguishes the route available to
a foreign woman married to a Nepali citizen from the route
available to a child born to a Nepali woman married to a foreign
citizen. Women's-rights advocates have argued that these
distinctions make maternal transmission more conditional.
The issue has special visibility in Madhesh because cross-
border marriages are common in some communities, but it is a
national gender-equality issue rather than an exclusively
Madheshi custom. Similar legal questions affect Nepali women
throughout the country and abroad.
Citizenship certificates, birth registration, and administrative
discretion
A constitutional entitlement becomes usable through
administration. District Administration Offices issue citizenship
certificates; local authorities are central to birth registration and
recommendations; regulations specify forms and evidence.
Missing civil registration, inconsistent spellings, absent parents,
migration, or disputed paternity can therefore produce long
delays even when the legal category appears clear.
Administrative history is essential because apparent
'statelessness' statistics can refer to different populations:
persons legally entitled but undocumented, persons whose
eligibility is disputed, children awaiting age or procedure,
migrants, or persons who may hold another nationality. Precise
categories should replace dramatic but unverified totals.
Cross-border marriage does not equal doubtful nationality
The India-Nepal border sustains long-standing marriage
networks, especially across adjoining regions of Bihar and Uttar
Pradesh. Such marriages can activate naturalization and descent
rules, but they do not by themselves make a Nepali citizen less
Nepali. Historical suspicions toward Madheshis have often
conflated cultural affinity with foreign political loyalty.
A borderland approach rejects that inference. Kinship can
cross borders while citizenship remains state-specific. The
relevant legal questions are nationality, residence, and statutory
eligibility, not accent, dress, surname, or the location of
relatives.
Representation: population, geography, and the design of
constituencies
Madhesh movements repeatedly challenged electoral
arrangements they considered insufficiently responsive to the
dense population of the plains. Representation, however, is not
determined by population alone. Constitutions and delimitation
laws also consider geography, administrative boundaries, and
practical convenience. The distributive conflict concerns how
heavily each consideration should weigh.
The 2015 Constitution and its first amendment altered the
wording governing House constituencies and delimitation. The
resulting framework gives population central importance while
retaining geographical convenience and specificity. That
compromise should be described as a rule, not as proof that
either side's theory of fair representation was fully accepted.
Article 84: a mixed House of Representatives
Article 84 establishes a 275-member House of
Representatives: 165 members elected from single-member
constituencies by first-past-the-post and 110 through nationwide
proportional representation. Political parties' proportional lists
must include women, Dalit, indigenous nationalities, Khas Arya,
Madhesi, Tharu, Muslims, and backward regions on a
population basis, with regard also to geography and regional
balance.
The mixed system combines territorial representation with
social inclusion. It does not guarantee that every subgroup
within a large category, or every language area, will receive
representation proportionate to its local population. Candidate
selection inside parties therefore remains a major gatekeeping
institution.
One-third women: representation through party-level correction
The Constitution requires at least one-third of the total federal
representatives elected from each political party to be women.
Where first-past-the-post results do not produce enough women,
proportional representation lists are used to reach the
threshold. Provincial assemblies operate with a parallel one-
third requirement.
This mechanism substantially increases numerical
representation but also reveals a structural tension: women may
be concentrated in proportional seats while constituency
nominations remain male-dominated. Gender inclusion should
therefore be assessed by route of election, committee leadership,
ministerial office, and influence within parties, not by one
aggregate percentage alone.
Article 42 and proportional inclusion in state bodies
Article 42 recognizes a right to participation in state bodies on
the principle of proportional inclusion for specified
economically, socially, or educationally backward groups,
including women, Dalit, indigenous nationalities, Madhesi,
Tharu, Muslims, backward classes, minorities, marginalized
communities, persons with disabilities, gender and sexual
minorities, farmers, labourers, oppressed citizens of backward
regions, and indigent Khas Arya.
The provision is constitutionally significant but analytically
complex. Which communities fall within a category, how
backwardness is measured, which appointments count as 'state
bodies', and how quotas interact with merit rules are questions
for legislation, judicial interpretation, and administrative
practice.
28 February 2016: the first constitutional amendment
The first constitutional amendment, published on 28
February 2016, changed Articles 42, 84, and 286. It was
presented as an attempt to respond to demands concerning
proportional inclusion and electoral constituency delimitation
after months of Madhesh agitation. Madhesh-based parties did
not treat it as a complete settlement, particularly because
provincial boundaries remained unresolved.
The amendment is an important example of constitutional
politics after promulgation. The 2015 text was not immutable;
protest, negotiation, and parliamentary supermajorities could
alter it. Yet amendment power also has a high threshold, which
became decisive in 2017.
The border blockade dispute: protest, pressure, and competing
narratives
The 2015-16 disruption of major India-Nepal border crossings
became one of the most polarizing episodes in recent Nepalese
politics. Madhesh-based protesters maintained blockades at key
points; the Nepal government and many Nepali commentators
accused India of imposing or enabling an undeclared blockade;
India denied imposing one and pointed to insecurity and protest
on the Nepal side.
A responsible history should not convert this contested
causation into a slogan. What is firmly established is the severe
shortage of fuel and other goods, the strategic importance of
border corridors such as Birgunj-Raxaul, and the way the crisis
intensified nationalism and suspicion toward Madhesh-based
demands.
2017: a further amendment bill fails
On 21 August 2017, a proposed second constitutional
amendment failed to obtain the required two-thirds majority in
the Legislature-Parliament. The bill addressed issues including
language, citizenship, representation, and provincial boundaries
and had been advanced in part to respond to Madhesh-based
parties. It received 347 votes in favour and 206 against among
553 members present, short of the required threshold.
The failure did not end constitutional politics. Madhesh-based
parties nevertheless participated in subsequent elections,
moving contestation from street mobilization back into electoral
and provincial institutions while continuing to demand changes
in the settlement.
2017 elections and the institutionalization of federalism
Local, provincial, and federal elections in 2017 transformed
federalism from constitutional design into operating
government. Province No. 2 became the only province
composed entirely of Tarai districts. It acquired a provincial
assembly, chief minister, ministries, budget, and a new arena in
which Madhesh-based parties could exercise governmental
authority rather than only demand recognition from
Kathmandu.
Federalization did not remove the centre. Citizenship,
defence, much fiscal policy, national elections, and major legal
frameworks remain federal responsibilities. The new order
redistributed authority rather than creating autonomous states.
Article 176: provincial representation and inclusion
Article 176 provides that sixty percent of provincial assembly
members are elected by first-past-the-post and forty percent by
proportional representation. Provincial proportional lists must
address women, Dalit, indigenous nationalities, Khas Arya,
Madhesi, Tharu, Muslims, backward regions, and minority
communities on a population basis, while considering the
province's geographical balance.
The design is especially important in Madhesh Province
because the broad category 'Madhesi' cannot substitute for the
province's internal diversity. Dalits, Muslims, Tharus, women,
linguistic minorities, hill-origin residents, and smaller caste
groups may be numerically underrepresented even in a
province symbolically associated with Madheshi identity.
Madhesh Province: eight districts and 136 local levels
The present Madhesh Province consists of Saptari, Siraha,
Dhanusha, Mahottari, Sarlahi, Rautahat, Bara, and Parsa. The
provincial government's current profile records 136 local levels.
This makes the province a dense network of municipalities and
rural municipalities rather than a single political community
governed only from Janakpurdham.
Local government is therefore central to plural citizenship.
Birth registration, local recommendations, school
administration, roads, sanitation, local taxation, and service
delivery shape the daily experience of the state more directly
than many constitutional debates in Kathmandu.
17 January 2022: Province No. 2 becomes Madhesh Province
On 17 January 2022 the provincial assembly adopted
'Madhesh' as the province's name by the constitutionally
required two-thirds majority and designated Janakpurdham as
the permanent capital. The vote converted a movement
vocabulary into an official territorial name. Competing
proposals had included Janaki and Mithila-Bhojpura,
demonstrating that provincial identity was itself contested
within the region.
The naming should neither be minimized nor overread. It is a
major act of recognition, but it does not establish that all
residents identify primarily as Madheshi or that Madhesh
Province is coterminous with every historical definition of
Madhesh.
Janakpurdham: provincial capital and Mithila centre
Janakpurdham carries several layers of significance at once:
it is a major Sita-Rama pilgrimage centre, an important Maithili
cultural city, a historic centre of Nepal's Mithila region, and the
capital of Madhesh Province. These roles reinforce one another
but are not identical.
The capital's location also highlights an internal provincial
geography. Birgunj is a major industrial and border-trade city in
the west; Janakpurdham is more centrally associated with
Mithila cultural symbolism. The 2022 capital vote resolved an
institutional question without eliminating regional competition
over investment and administrative concentration.
The 2021 census: Madhesh is linguistically plural
The 2021 National Population and Housing Census recorded
6,114,600 people in Madhesh Province. The provincial data
portal reports Maithili as the largest mother tongue, followed by
Bhojpuri and Bajjika, with substantial Nepali, Tharu, Urdu,
Tamang, and other language populations. Nationally, the census
recorded Maithili as the second-largest mother tongue after
Nepali.
Census categories are administrative classifications, not
immutable linguistic boundaries. Bajjika, Maithili, Bhojpuri,
Magahi, Hindi, Urdu, and Nepali may be used differently across
home, market, school, media, and public office. A census
response records a declared category within a particular
questionnaire; it should not be used to erase multilingual
practice.
Maithili is large, but provincial equality cannot be monolingual
Maithili's demographic weight and literary history give it a
strong claim to provincial institutional support. Yet a province
that replaced Nepali-only administration with Maithili-only
administration would reproduce the same structural problem
for Bhojpuri, Bajjika, Tharu, Urdu, Magahi, Nepali, and smaller-
language speakers.
Plural citizenship therefore requires layered language policy:
translation, multilingual forms, school options, interpreter
capacity, media access, and legal clarity about which languages
may be used for which administrative functions. Symbolic
recognition is valuable, but service access is the stronger test.
January 2025: the official-language bill and its withdrawal
In January 2025 the Madhesh Province government
introduced a bill proposing Nepali together with Maithili,
Bhojpuri, Bajjika, Hindi, and English for official working use.
The proposal met immediate opposition from lawmakers and
organizations objecting to the exclusion of languages including
Tharu and Magahi. The government withdrew the bill on 24
January after protests and assembly resistance.
The episode is a rare practical demonstration of why
language recognition cannot be reduced to majority arithmetic.
Article 7 authorizes provincial language legislation, but selecting
a list creates new boundaries of inclusion and exclusion. The
withdrawal left the underlying constitutional power intact while
showing that consensus on its exercise had not been reached.
Language recognition has at least five institutional levels
Language status in Nepal must be separated into at least five
fields: mother-tongue census classification, constitutional status
as a language of the nation, federal official-language status,
provincial official-language status, and practical use in schools
and administration. A language can be recognized in one field
and weakly implemented in another.
This framework also clarifies debates over Maithili. Its
national census size, literature, university use, media presence,
and provincial demographic importance are distinct kinds of
evidence. None should be used as a substitute for an enacted
provincial official-language law that does not yet exist in
Madhesh Province after the 2025 withdrawal.
The Madhesi Commission: constitutional recognition beyond
territory
Article 262 establishes a Madhesi Commission consisting of a
chairperson and up to four other members, with detailed
functions provided by federal law. The institution is significant
because it recognizes Madheshi marginalization at the national
constitutional level rather than treating Madhesh solely as a
province.
The Commission has undertaken studies of community status,
access to state mechanisms, surname and group classification,
and related social questions. Its reports are sources for
contemporary policy history, but they should be read as
institutional documents with defined mandates rather than as
final ethnographic authorities over who must identify as
Madheshi.
Other commissions prevent Madhesh from becoming a single-
axis category
The Constitution separately provides National Women,
National Dalit, National Inclusion, Indigenous Nationalities,
Madhesi, Tharu, and Muslim commissions. This institutional
plurality matters in the southern plains, where one person may
be simultaneously Madheshi, Dalit, Muslim, Tharu, a woman, a
linguistic minority, or a member of another protected group.
Separate commissions can illuminate distinct structures of
disadvantage, but they can also fragment responsibility. A
complaint involving caste discrimination, gender, citizenship
documentation, and regional exclusion may cross several
mandates. Effective plural citizenship therefore depends on
coordination as well as category recognition.
2025-26: the ten-year review question
Article 265 requires the Federal Parliament to review the Part
27 commissions after ten years from commencement of the
Constitution. That constitutional milestone arrived in 2025.
Public debate in 2025 and 2026 has focused on whether the
commissions have been adequately resourced, whether their
recommendations are implemented, how appointments are
made, and whether their mandates should be strengthened,
reorganized, or merged.
The existence of a review clause should not be misread as an
instruction to abolish the commissions after ten years. It creates
an obligation to evaluate them. The historical issue is therefore
institutional performance: what problems were documented,
what recommendations were acted on, and what capacities
were withheld.
The 2023 Citizenship First Amendment
President Ramchandra Paudel authenticated the first
amendment to the Nepal Citizenship Act on 31 May 2023. The
amendment implemented constitutional routes that had
remained blocked or uncertain for years, including citizenship
for children of persons who had earlier acquired citizenship by
birth where the statutory conditions are satisfied, and
provisions concerning children of Nepali mothers whose fathers
are not identified.
The amendment generated intense political and legal debate
over presidential authentication because the bill had passed the
previous Parliament and had not been authenticated by the
former president. For this chapter, the key distinction is
between the procedural controversy over enactment and the
substantive citizenship categories that the amended Act made
operable.
The 2025 Citizenship Second Amendment
A further bill amending the Citizenship Act was authenticated
on 21 September 2025. Parliamentary and government
explanations emphasized access to citizenship through the
mother's name and additional routes intended to reduce
documentation gaps affecting children of Nepali women,
including specified cases involving birth abroad and an
unidentified father. Regulations were subsequently updated to
administer the revised law.
These reforms are historically important because citizenship
law is still evolving after the 2015 Constitution. They also
counsel against freezing analysis at the 2015 text: criticism of
gender asymmetry remains relevant, but the statutory position
in 2026 is not identical to the law that existed at promulgation.
No single amendment resolves the gender question
The 2023 and 2025 amendments expand routes to
documentation, but they do not make every citizenship pathway
gender-symmetrical. The Constitution itself continues to
distinguish some situations involving a Nepali mother and
foreign father from those involving a Nepali father and foreign
mother. Naturalized and descent citizenship also remain legally
distinct categories with consequences for eligibility for certain
constitutional offices.
A precise account should therefore avoid both extremes:
claiming that no reform occurred, or claiming that reform has
eliminated all gendered differences. The legal trajectory is
incremental and contested.
Citizenship and the highest constitutional offices
The Constitution reserves specified senior constitutional
offices for citizens by descent. This distinction has particular
political resonance in a country where naturalized citizenship
may arise through cross-national marriage or parentage.
Madhesh-based critics have argued that the rule can have
disproportionate effects in border regions with long-standing
cross-border family ties.
Whether a rule is formally uniform and whether its social
effects are evenly distributed are separate questions. Equality
analysis must therefore examine both text and demographic
context without assuming that every naturalized citizen is
Madheshi or every Madheshi family has transnational
parentage.
Dalit citizenship within Madhesh
Madheshi Dalits face the intersection of regional exclusion
and caste hierarchy. Formal political recognition of Madhesh
does not automatically dismantle untouchability, occupational
stigma, landlessness, or unequal access to documentation.
Research on Madheshi Dalit women further shows how caste,
gender, poverty, and citizenship procedure can compound one
another.
This is a methodological warning against vertical analysis
alone. Representation of Madhesh in Kathmandu can improve
while internal inequality within Madhesh remains severe. The
two scales must be measured separately.
Muslim citizenship within Madhesh
Madhesh Province contains Nepal's largest concentration of
Muslims and Urdu-speaking communities, but Muslim identity
cannot be reduced to language or Madheshi identity. The
Constitution names Muslims separately in equality, inclusion,
and electoral provisions and establishes a Muslim Commission.
This produces both recognition and overlapping institutional
classifications.
Questions of schooling, personal identity, poverty, political
representation, and security can therefore follow patterns
different from those of neighbouring Hindu caste groups even
within the same district. A plural history must preserve that
difference.
Tharu identity and resistance to compulsory Madheshi
classification
Tharu political movements have repeatedly insisted on their
own indigenous identity, history, and territorial claims. Some
Tharus accept forms of Madheshi solidarity in particular
contexts, while others reject being subsumed under Madheshi
identity. The Constitution's separate references to Madhesi and
Tharu, and separate constitutional commissions, reflect this
political distinction.
The analytical consequence is clear: 'plains-origin' is not a
sufficient ethnic category. Ecological location, language,
indigeneity, caste history, and political organization produce
different identities within the Tarai.
Hill-origin residents of Madhesh Province
Madhesh Province also includes residents whose family
histories are associated with Nepal's hill regions and whose first
language may be Nepali or another language. Federalism cannot
make such citizens guests in their own province. Provincial
identity is territorial and constitutional as well as cultural.
Minority protection therefore runs in more than one
direction. A settlement designed to correct historic central
exclusion of Madhesh must also protect internal provincial
minorities. This is one reason the language dispute of 2025 is
more than a technical drafting failure.
Class, land, and the limits of identity arithmetic
Caste and regional identity do not eliminate class. Land
ownership, tenancy, migration income, education, urban
property, business networks, and access to credit create deep
differences among people placed in the same constitutional
category. Political elites can gain representation without
corresponding improvements for landless labourers or informal
workers.
The cultural economy of Janakpur, Birgunj's trade economy,
agrarian districts, and migration-dependent households
therefore produce different experiences of citizenship.
Representation should be linked to distributive outcomes rather
than assumed from office-holding alone.
Local government and the everyday state
Federal debates often focus on Kathmandu and provincial
capitals, but Nepal's local governments are where many citizens
encounter the state. Registration, local taxation, school
governance, health services, roads, social-security enrolment,
recommendations for citizenship documents, and disaster
response all depend on municipal or rural-municipal capacity.
The quality of plural citizenship can therefore vary within the
same constitutional regime. A multilingual ward office with
reliable civil registration may make citizenship materially easier
to exercise than a formally inclusive province whose local
records remain inaccessible.
Education: mother tongue, mobility, and public opportunity
Education policy sits at the intersection of language rights and
social mobility. Mother-tongue instruction can improve early
comprehension and cultural continuity, while proficiency in
Nepali and other wider-use languages can expand access to
higher education and national employment. The policy problem
is not choosing one language forever but sequencing and
supporting multilingual learning.
In Madhesh, Maithili, Bhojpuri, Bajjika, Tharu, Urdu, Nepali,
and other languages may require different local solutions. A
uniform province-wide formula would not match the actual
distribution of speech communities.
Security institutions and the historical meaning of
underrepresentation
Madhesh movements have repeatedly linked citizenship to
representation in the army, police, civil service, and other state
bodies. Underrepresentation matters because these institutions
do more than provide jobs: they exercise coercive power,
produce records, administer borders, and symbolize who
belongs to the state.
Measuring change requires comparable recruitment and
staffing data over time. Anecdotal claims, whether celebratory
or accusatory, should not substitute for disaggregated
institutional statistics by gender, caste/ethnicity, region, and
rank.
Public service inclusion and the problem of categories
Affirmative-action systems require categories, but categories
themselves become political. Who counts as Madhesi, backward
class, minority, Dalit, Tharu, or Muslim can affect access to
reserved opportunities. State classification can therefore
recognize inequality while also creating incentives to contest
boundaries and documentation.
The Madhesi Commission's work on community and surname
lists should be read in this context. Such lists are administrative
instruments; they are not timeless ethnological maps and should
not be projected into earlier historical periods.
Diagram 52: selected citizenship, movement, and federalism
anchors
Diagram 52. From legal citizenship to plural federal citizenship: selected Nepal-
Madhesh constitutional and political anchors, 1952-2026. The sequence
separates statutory citizenship, movement politics, federal design, provincial
naming, later amendments, and implementation review.
The 2026 House result as a representation snapshot
The Election Commission's report on the 2026 House of
Representatives election classified 16.73 percent of elected
members within its Madhesi inclusive category, alongside
separate categories for Dalit, Tharu, Muslim, indigenous
nationalities, and Khas Arya. The figure is useful as a current
institutional snapshot, not as a complete measure of Madhesh
representation.
It does not tell us how many representatives reside in
Madhesh Province, speak Maithili, belong to particular castes, or
advocate Madhesh-based constitutional reform. Electoral
categories and regional political positions are different
variables.
Representation must be disaggregated by route and office
A serious inclusion audit should separate first-past-the-post
from proportional-list seats; national from provincial and local
office; legislators from ministers; senior civil servants from
entry-level employees; and symbolic appointments from
decision-making power. Aggregate percentages can conceal
concentration in less influential positions.
The same principle applies to women and Dalits within
Madhesh. Numerical presence is a necessary measure of
inclusion, but not a complete measure of agenda-setting
capacity, budget control, or protection from discrimination.
Political parties remain the principal gatekeepers
Constitutional inclusion rules are implemented through party
nominations and closed proportional lists. Parties therefore
decide which individuals represent a category, which districts
receive winnable constituency candidates, and who moves from
electoral representation into executive office. Internal party
democracy is consequently a central part of the citizenship
story.
Madhesh-based parties themselves are not exempt from this
scrutiny. A party can demand proportional inclusion nationally
while reproducing caste, family, gender, or leadership
concentration inside its own organization.
Federal finance: recognition without resources is thin citizenship
A province's ability to make recognition meaningful depends
on money, staff, and legal competence. Education, health, roads,
agricultural extension, language services, and cultural
institutions require predictable fiscal transfers and own-source
revenue. Federalism measured only by names, flags, and
assemblies can overstate practical autonomy.
The financial relationship among federal, provincial, and
local governments is therefore part of representation. Budget
formulas decide which territorial populations receive roads,
hospitals, schools, and administrative capacity.
Birgunj and Janakpurdham: two centres, different political
economies
Birgunj is one of Nepal's most important trade and customs
gateways, while Janakpurdham combines provincial
administration with religious and cultural centrality. Their
functions show that Madhesh has no single urban centre.
Provincial policy must balance border logistics, industrial
corridors, pilgrimage, education, public administration, and
rural service networks.
This internal geography also affects political representation.
Western and eastern districts may experience the provincial
capital differently, and border cities may orient daily commerce
toward Indian markets while remaining firmly inside Nepal's
fiscal and political system.
Open border does not mean open citizenship
The India-Nepal relationship permits unusually extensive
movement and reciprocal privileges, but movement rights and
citizenship are distinct. People may cross for work, pilgrimage,
trade, or family visits without acquiring the political rights of
citizens in the other state. Voting, passports, constitutional
office, and nationality remain governed by domestic law.
Confusing mobility with citizenship fuels two opposite errors:
treating ordinary cross-border movement as evidence of
foreignness, or assuming that cultural openness makes
documentary nationality unnecessary. Neither follows from the
legal regime.
Media, stereotype, and the production of suspect belonging
Madhesh politics has repeatedly been shaped by stereotypes
that portray plains citizens as insufficiently Nepali because of
accent, clothing, skin colour, language, or family ties across the
border. Such representations turn cultural difference into a
loyalty test. Conversely, some movement rhetoric has portrayed
hill-origin citizens as a single colonizing bloc, obscuring class
and political difference among them.
A plural history rejects reciprocal essentialism. Political
discrimination can be documented without assigning collective
guilt to an entire population category.
Memory of protest and the politics of martyrdom
The deaths associated with the Madhesh movements are
commemorated in political speeches, monuments,
anniversaries, and party narratives. Such practices are
important sources for the history of collective memory. They
show how constitutional claims are linked to sacrifice and moral
legitimacy.
Commemoration should nevertheless be distinguished from
forensic history. Exact casualty counts, responsibility for
individual deaths, and legal accountability require case-specific
evidence. Memorial categories should not substitute for
investigation.
Constitutional nationalism and Madhesh constitutionalism
Nepalese constitutional nationalism emphasizes sovereignty,
territorial integrity, republicanism, and the authority of a
constitution adopted by an elected assembly. Madhesh
constitutionalism emphasizes equal membership, federal self-
government, fair representation, and freedom from treatment
as a suspect border population. These positions are not
inherently incompatible, though political rhetoric has often
presented them as opposites.
A stable federal order requires both: the state's sovereignty
must be accepted, and citizenship within that state must not
depend on cultural conformity to a single regional model of
Nepali identity.
Diagram 53: plural citizenship across institutions
Diagram 53. Plural citizenship operates through several institutions at once.
The schematic separates legal status, electoral voice, language access, federal
power, social justice, and institutional redress; cross-border mobility does not
erase state-specific citizenship.
Plural citizenship is more than possession of a certificate
A citizenship certificate establishes a crucial legal status, but
effective citizenship also includes the ability to vote, stand for
office, understand public procedures, obtain documents, use
courts, receive education and health services, compete for
employment, and participate without discrimination. These
capacities are distributed through several institutions rather
than one law.
The diagram therefore treats citizenship as layered: legal
status, electoral voice, language access, federal and local power,
social justice, and institutional redress. Failure in one layer can
weaken the practical value of success in another.
Recognition can create new exclusions
Every act of recognition draws a boundary. Naming Madhesh
Province recognizes one political history while leaving some
residents attached to other regional names. Selecting official
languages helps their speakers while excluding languages not
selected. Reservation categories create access for listed groups
while raising disputes over subgroups and internal elites.
The answer is not to reject recognition but to design it
reflexively: categories should be reviewable, minority rights
should operate within recognized regions, and data should be
disaggregated enough to detect unequal distribution inside
protected groups.
Mithila inside Nepal: cultural continuity without territorial
conflation
Mithila's literature, ritual traditions, Maithili language,
pilgrimage networks, and artistic practices are central to the
history of eastern Madhesh. Janakpurdham is one of their most
important centres. Yet Mithila is not the constitutional name of
Madhesh Province, and Madhesh Province includes important
Bhojpuri, Bajjika, Tharu, Urdu, Nepali, and other cultural
worlds.
The book's borderland method therefore allows Mithila to be
transnational and historically deep without turning it into a
claim that modern political boundaries are illegitimate or that
every plains citizen shares one cultural identity.
What changed between 2007 and 2026
Between the first Madhesh movement and 2026, Nepal moved
from an interim post-conflict order to an operating federal
republic with elected provincial and local governments, a
province officially named Madhesh, constitutionally mandated
inclusion, a Madhesi Commission, a mixed electoral system, and
repeated amendments to citizenship law. These are substantial
institutional changes.
At the same time, disputes remain over citizenship equality,
the implementation of proportional inclusion, provincial
powers, official languages, internal minority protection, public-
service representation, and the effectiveness of constitutional
commissions. The historical conclusion is neither 'nothing
changed' nor 'the Madhesh question was solved.'
Research method: separate law, claim, implementation, and
outcome
Four levels must be kept distinct. First is law: what the
Constitution, Acts, and regulations actually say. Second is
political claim: what parties, movements, and critics demand.
Third is implementation: what offices, commissions, and
governments do. Fourth is outcome: who receives documents,
offices, services, and influence.
Many controversies become confused when evidence from
one level is used to prove another. A movement manifesto does
not establish the law; a constitutional right does not prove
implementation; an election result does not prove equal access
to administration.
Chapter conclusion: citizenship as equal membership in a plural
federation
The modern history of Madhesh is a history of belonging
negotiated through territory, documents, language, elections,
social hierarchy, and memory. Its central achievement has been
to make the question 'who is represented as Nepali?' impossible
to answer solely from the viewpoint of Kathmandu-centred
institutions or a single national culture.
Plural citizenship does not require a weak state or blurred
sovereignty. It requires the opposite: a state confident enough to
recognize that equal citizens may speak different languages,
inhabit different historical regions, maintain cross-border
kinship, and organize politically around distinct identities
without having their nationality placed under permanent
suspicion.
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