Q.N. 1.

How could foreign travel account be a source of history of Nepal

? explain with example.

Answer:
History is the record of past. By which we know the condition of all
periods events. It helps us understand the past culture, society, identity,
system, government, condition in that time.

Neplese history is the social, political, economical, cultural activities of

past

foreign travel account: an account of foreigners which is prepared by

traveler when traveling in foreign country. An account which is prepare
by foreign travelers while visiting foreign country.

Those foreigners travel account can be a source of history which is

prepared by foreigner archeologist, geologist, historian, architect on the
basis of observance, evidence, analysis experiment and re-search.
Those account which is based on folk story, myths, imagination, can
not be the source of history of Nepal.

Travel account form ancient time foreigners has travelled Nepal and has
written about Nepal in their travel account. Such account helps to know
contemporary Nepal. Perceval Landon writers that Fa-hsien, a Chinese
pilgrim, in 400 B.C. set to visit holy place of Buddhism and to obtain
from the centers of religious instruction in India more perfect copies of
the sacred books than any which than existed in china. Fa-hsien
described Himalayas were impassable and the road was dangerous and
confessed that “ looking back upon what I went through, my heart throbs
involuntarily and sweet pours down.”

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Example:
Hien Tsang, a Chinese pilgrim, in 629 A.D. visited Nepal valley and
gave and account of its area, birds, culture, religion and measurement
system.

that Fa-hsien, a Chinese pilgrim, in 400 B.C. set to visit holy place of
Buddhism and he gave evidence of Buddha was born in Nepal. Fa-hsien
described Himalayas were impassable and the road was dangerous.
Col. Krikpatrick was the first English man to visit the Kathmandu valley
and the book is the result of the 7 weeks that he spent in Nepal. In the
process of his journey, he gives the first glimpse of Nepal in all its
splendor its routs, river, landscapes, religion, laws, arts, commerce and
language in Nepal.

European travelers like Albert d’Orville, father Giseppe De Rovato,

father Desider, father Grueber has also given their travel account of
Nepal.

 Conclusion: foreigners travel account the foreigners which is

prepared by foreign traveler on the basis of research, observance,
and evidence. Those travel account applicable to be the source of
history of Nepal if that account is prepared by archeologist,
researcher, architect, historian, philosopher on the basis of reason,
observance, experiment and research.

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Q.N. 2 How was economic and social condition of Nepal during
Lichhavie’s ?

Answer: Though Lichhavis were the 4th dynasty to rule over Nepal, but
still it lacks fact regarding their arrival. Many historians have different
views regarding their arrival. There are several controversies regarding
the emergence of Lichhavi in Nepal. Different Chronicles and historians
have different views regarding how they came to existence.

Narayan Prasad Sangroula, in his book, ‘An Introduction to Nepal’, has

mentioned that the Lichhavis were the Kshyatriya of Suryabanshi
dynasty. They used to rule in Vaishali district of India. They were
defeated by the AjatShatru and came to Nepal and started ruling here
defeating the Kirats. Another historian Rewati Raman Khanal, has
mentioned that Lichhavi arrived in Nepal from India and ruled for 630
years from 307 BS to 937 BS defeating the Kirats.

Economic Condition: The main source of income of the government

was taxation. The merchants had to pay custom duty for the imported
and exported goods. The defeated countries had to pay tribute and war
indemnity. The cultivators had to pay land revenue. The main
occupation of the people was trade and commerce. Nepalese art and
handicraft goods and other cottage industry products were exported to
Tibet, India and China. People wore ornaments of gold, silver and

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copper. In this way, Nepal had a sound economic condition under the
Lichhavis.

Social Condition: Though the Lichhavis were Hindus and there was a
caste system in the society, other class people were not neglected. There
were Ahirs, Kiratas, Thakuris and Bhutias. There was inter-marriage
among different classes of people. People gave co-operation to one
another and developed the sense of nationality. National unity was not
hampered because of the difference of caste, creed and dynasty. They
had a great respect, faith and love for the king, whose main function was
to establish peace and order in the country. The king was also
responsible for the development of the kingdom. People lived simple
and pious lives. Ornaments, house decoration and entertainments formed
part of the daily life of the people.

 Conclusion: Lichhavis were the 4th dynasty to rule over Nepal,

they ruled for 630 years from 307 BS to 937 BS defeating the
Kirats. The main source of income of the government was taxation.
The merchants had to pay custom duty for the imported and
exported goods. they were Hindus and there was a caste system in
the society, other class people were not neglected. People lived
simple and pious lives. Ornaments, house decoration and
entertainments formed part of the daily life of the people.
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Q.N. 3. Explain origin of Malla’s law and judicial system of malla
period.

ANS : After the fall of the Lichhavis came the Malla period during which
the foundation of the city of Kantipur was laid. Beginning in the early
twelfth century, leading notables in Nepal began to appear with names
ending in the term malla, ("wrestler" in Sanskrit), indicating a person of
great strength and power. Arimalla was the first king to be so called,
and the practice of adopting such a name was followed regularly by
rulers in Nepal until the eighteenth century.
Judicial system of malla period:
Specially judicial system of malla period was based on Manab
Nayasastra this is written by king Jayasthiti mally in 1436 in order to
end increasing anarchy created by multiplicity and criminal justice.
Land, caste system and their job description, punishment according to
gravity, lifestyle of people, marriage, collection of evidence,
investigation, and determine punishment is the provision of manav
nayasastra.
There were three levels of administration system
1. central ( itachapali, and kotling)
2. regional ( mahasamanta or samanta, mahamandalik, parmukh)
3. local level ( praman, dware, chharidware, pancha parman)

i. Kotling: It is situated in the eastern part of the sadra police

station which is situated infront of the hanumandhoka. In the
beginning the jurisdiction of Kotling was not clear. But later
it had the authority to handle the civil cases.

ii. Itachapali:
When was it established is also unknown. Crimes against royals,
homicide, killing of cow, dacoit and other heinous crimes were
dealt by this court. It had the jurisdiction to hear the criminal cases.

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 Q.N.4. Explain the contribution of Ram shah’s thiti ( laws of ram
shah) in the law making in Nepal.
Ans: Ram Shah 1606 – 1636) was the king of the Gorkha
kingdom present day gorkha district. He was grad son of drabya
shah, son of purna shah and brother of chatra shah. He acceded in
the throne in c. 1606 after his brother's death. He ruled kingdom
about 27 years until his death. His wife committed sati.
In Gorkha there is a statue of ram shah, ram shahs cahutari, where
he used to provide justice to the people. There is a popular saying “
if you don’t get education you will go kasi, if you don’t get
justice you will go gorkha” and “ jasko pap usko gardhan” it
shows the contribution of ram shah in the justice provide.

Social reforms of ram shah:

 Irrigation cannels were built well managed, ornaments were
allowed to use according to social statues and occupation of male
and female.
 Interest of loan transition couldn’t be accused then 10% in cash
and 25% jinsi per annum
 Conservation of forest, plantation pasture was encourage to
preserve water. Trees on road side could not be damage and cut
down.

economics reforms:
 He introduce scientific system of weight and measure and took
uniformity on it.
 He divide land four categories abbal, doyam, seem chahar on the
basis of its fertility
 Land tax system according to fertilize land.
 24 kothi mahajans of patan were invited to regulated the trade with
Tibet and india from Gorkha.

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Judicial reforms of ram shah:
 Local case were decided by local chieftains, central case were
decided by minister and grave cases were decided by king himself
and his council.
 Clients had to touch salgram ( symbol of lord Vishnu) to take an
oath. Corrupted person, royal family members, scholars and sages
were exiled.
 Criminals were charged either hanged or beheaded by sword.

 Conclusion: Ram shah was the grate king of Gorkha he established

lots laws, rule and regulations and 26 rules to run as well society.
Some laws of ram shahs like balance, weight system, measurement
system. Water conservation, land, road and forest conservation is
too much modern and effective so laws of ram shahs is helpful to
make law in Nepal.

Q.N.5. write short notes.

a) Muluki ain 1910
b) Mundhum

a) Muluki Ain 1910: In early 1910 B.S, when Surendra Bikram

Shah was King and Jung Bahadur the first Rana Prime Minister,
the government promulgated the first Legal Code in the history of
Nepal. The code is known as the Muluki Ain. is a collection of
administrative procedures and legal frameworks for
interpretation civil and criminal matters, revenue collection,
landlord and peasant relations, inter-caste disputed and marriages
and family law.The punishment varied according to the caste
status.
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 b) Mundhum is an official code of conduct for regulation of socio-
legal, political and religious affairs of the state. Mundhum means
“the power of great strength”. It was the chief source of
jurisdiction during the regime. The Mundhum covers many
aspects of the Kirat culture, customs and traditions.
Mundhum has two parts:
1) Thungsap and
2) Peysap
2.1. Shokshok Mundhum
2.2. Yehang Mundhum
2.3. Sajji Mundhum
2.4. Sap Mundhum
Thungsap Mundhum:

The Thungsap Mundhum is the original part and was originally

passed down orally prior to the art of writing. It is referred to as the
oral Mundhum in books. The Thungsap Mundhum was collected,
preserved and passed on by word of mouth and folklore until the
art of writing was introduced.
Peysap Mundhum: The Peysap Mundhum is a written book about
religion.The Soksok Mundhum contains the stories of creation of the
universe, the beginning of mankind, the cause and effects of the sins.
Yehang Mundhum contains the story of the 1st leader of mankind who
made laws for the sake of improvement of human beings from the stage
of animal life to the enlightened life.

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LONG QUESTION

Q.N.7. What is an ordeal system ? what kind of ordeal system was in

practice in Nepal ?

Ans: The practice to identify the guilt and innocent was found practiced
during the Kirat dynasty. The people were highly religious, had a fear of
God. In disputes the accused had to bring evidence to prove own self
innocence. Similarly the defense too had to bring proof. If in case there
were no evidences or witnesses then they had to touch dubo and tama
and give an ordeal. In this system, it was believed that an unseen force;
the God, would protect the innocent. If they lied holding the ordeals then
they were supposed to be punished by the God.The concept of hell and
heaven too started from this dynasty.It was believed that a sinner would
go to hell and a person free from those offences would go to heaven.
Ordeal system is the most ancient species of trial for criminal offences
founded upon the belief of the ancients that if a man is innocent, God
would save him from death or injury when he was subjected to an
ordeal.
According to Manabnayashastra, the ordeal is performed when parties to
a law suit have no witnesses. The divine ordeals were performed to
examine the accused by the king in the serious violent crimes (theft,
murder, to attack other man’s wife). The five kinds of divine ordeals:
balance, fire, water, poison and kosa have been prescribed in
Manabnayashastra.

Types of ordeal system:

A. Balance

This was the ordeal performed by the help of balance to find out the
person accused or guilt. The weight was taken two times and if the
weight increase for the second time than the person is consider as
innocent.

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B. Fire
The accused has to cross seven circles in seven steps keeping a red hot
iron ball upon his palm keeping seven leafs of Pipala tied by a thread
under it. If he cross that circles and his hands remain the same as before,
then he is innocent, else guilty.
C. Water
An ordeal in which guilt or innocence depended on whether the accused
person floated or sank after being submerged in cold water. Those who
sank were declared innocent while those who floated were adjudged
guilty because floating revealed the water’s rejection of the accused.
D. Poison
Onse the Brahmans give the permission, this ordeal is performed.
Shangra poison, found in Himalaya which has proper aroma, color and
flavor is used. Poison is administered at the quantity about seven couples
of millet keeping inside in clarified butter to the man to whom poison is
to be administered. After a day of fast the accused had to swallow the
poison in front of the Brahmans. If the poison gets peacefully digested
without making any pain, then he is innocent, else guilty. Poison should
not be administered to the child, the sick, the elderly and nor to those
accused of minor offences, a drunk, a victim, a deformed and the
mediator.
E. Kosa (Holy Water)
In this ordeal, the accused had to stand for two hours for the
fire test named Kosapan. Earlier, the accused has to have a day
fasting. Also he should stand in wet cloths. The accused with
long beard and having no addiction is eligible for this ordeal.
After two hours his tongue is examined by the king in front of
the ministers and assembly members. Then only if he is liable
to punishment, punishment should be given, else release him
with full respect.

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Q.N.8. Describe constitutional history of Nepal.

Ans:
Pre - Constitutional History of Nepal:
Pre-Constitution Norms and Laws There is Long history of constitution
development in Nepal. It is belive that Hindusm is the perment religion
in ancent time. In Kirat dynasty then every rules and regulation were
Based on Mundhum. Mundhum is above than King in Kirat dynasty. It
is an official code of conduct for regulation of socio-legal, political and
religious affairs in Kirat period. Similary in lechhive Period also all
rules, regulation and norms were based on Hindu Dharma. In Medieval
Period Malla King Jayesthi Malla made Manab Nayashastra for of all
governmence and judiciary purpose. It is significant for laying down a
unified system of criminal justice in Nepal. After the unification of
modern Nepal. The rana regime establish of Nepal from 1903B.S which
work a different way in constitution development one of the remarkable
was the promrlgation in Muluki Ain 1910B.S. After the First Rana
Prime MinisterJunga Bahadur Rana visit Europe. Muluki ain 1910 is the
first written law and codified law in the history of Nepal.

Post - constitutional history of Nepal:

1) Government of Nepal Act,2004(1948)

The Government of Nepal Act,2004(1948) was First constitution of
Nepal writen by 9th Rana Prime Minister Shree 3 Maharaja Padma
Shamsher Junga Bahadur Rana(1945-1948) help of Indian constitution
export Shree prakash Gupta, Raghunath singh and ragjugra singh .
Government of Nepal Act,2004(1948) was promulgated on 13 marg
2004.This constitution hade 6 Part 68 Articles and 1 schedules.
It has never enforced because firstly the Ranas were not happy with the
promulagation of the Act as they did not want to share the power
with people and secondly the people were not happy as it did not
meet the minimum expectations of the people. Act could not be fully
implemented and was finally repealed by the Interim Government of

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Nepal,2007 BS. The first time it defined the fundamental right of people.
This Act had expected to come in force 1st Baisakh 2005.

Features of this constitution:

 First written constitution

 Provision of fundamental rights and duties, freedom of speech,
religion, individual liberty, freedom of publication, equality before
law.
 Bi-cameral legislature. Provision of judiciary. Etc

2) Interim Government of Nepal Act,2007 B.S. (1951 A.D)

This constitution was promulgated by the successful peoples

movement which restored democracy in Nepal by overthrowing the
104 years cruel and autocratic rana regime. It was implemented in 7 th
chaitra of 2007 B.S. there was 7 parts 73 articles. This constitution
was prevailed until the formation of a new constitution by a assembly.
This constitution replaced by the constitution kingdom of Nepal, 2015
B.S. fundamental rights, directive principle of state policy. Is the
main features of this constitution.

Features of constitution:

 Written constitution, first implemented constitution.

 Provision of public service commission, provision of executive.
 Fundamental right and duties, election commission, unicameral
legislature.
 Provision of directive principle.

3) The constitution of the Kingdom of Nepal 2015 BS

This constitution was promulgated on 2015 Falgun 1st which was

based on british ruling system. On 16 March 1958 King Mahendra

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formed a commission under the chairmanship of Bhagawati Prashad
Singh. As the advisor of the commission Sir Ivor Jennings,expert of the
constitution of Camnridge Univrsity of Uk was invited to draft the
constitution. It had 10 parts, 77 Articles and 3 schedules.

Main features of this constitution:

 Written constitution, gifted constitution, parliamentary system
 Fundamental law of land, sovereignty power vested on his majesty
 Bi-cameral legislature, emergency power was vested in king

4) The constitution of Nepal 2019 BS

This constitution was promulgated by late King Mahendra on 2019 1st
Poush was prepared by the constitution commission headed by
Rishikesh Shah. It had 20 parts 97 article and 6 schedules. This
constitution was in the existence nearly for more than 25 years.
Features of this constitution:
 Written constitution, directive principle of panchyat system
 Sovereignty power vested in hands of king,
 Fundamental rights and duties, provision of supreme court
 Provision of council of minister, auditor general, public service
commission, election commission, attorney general.

5) constitution of the kingdom of Nepal, 2047 B.S (1990 A.D)

Peoples movements were succeeded against panchyat regime in
leadership of Nepali congress and joint left front 2046 B.S constitution
of kingdom of Nepal 2047 B.S was enacted by the represented of
political parties in 2047 B.S It had abolished the law related to the death
penalty and it had provided that sovereignty of Nepal would be vested tp
the people that was anti-royal absolutism. this constitution has 23 parts,
133 articles, and 3 schedules. It is also known as medium size
constitution because it is neither as big as constitution if india nor small

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as America. This constitution was implemented from kartik 26, 2047
B.S by king Birendra.

Features of this constitution:

 Written and enacted constitution, fundamental law of land
 Medium size constitution, sovereignty power vested on people
 Fundamental rights and duties, emergency rights, unitary
government
 Executive power lies in king, no band political parties,
parliamentary system, bi-cameral legislature, independent of
judiciary
 Provision of directive principle and polices of state

6) Interim constitution of Nepal, 2063 B.S ( 2007 A.D)

The Interim constitution of Nepal was the sixth constitution of
Nepal,It was that constitution which ended 240 years old institution
of monarchy.This constitution come in force on Magha 1st 2063. The
12 points Accords which was concluded between the Maoist anf 7
Political parties.This constitution has promised to be a secular federal
republican State. On May 28,2008 upon 4th time amendment Nepal
was declared a republic state. It has 25 parts 167 article and 3
schedules. Unicmarial parliament Constitutional Assembly was a 601
members. Interim constitution of Nepal,2063(2006) was amended by
12 Times in 9 Years.

Main features of this constitution:

 A written constitution, fundamental law of land
 Sovereignty power vested to the people
 Independent of judiciary with judicial review
 Rule of law,
 secularism,
 separation of power,
 republican constitution
 Protection of fundamental rights,
 parliamentary hearing, constituent assembly
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7) Constitution of Nepal, 2072 B.S (2015)

The constitution of Nepal,2072 is recent 7 th constitution of Nepal.This

is a constitution which has been promulgated by the people elected
constitution assembly. The constitution was promulgated on 20
September, 2015. president Dr Ram Baran Yadav is head of state. This
constitution has total 30 Parts 308 Articles and 9 Schedules. Provision of
fundamental rights Part 3 Articles 16-46, Article 1 of present
constitution mention constitution as the fundamental law. This
constitution has made the provision of Bicameral legislative House of
Representative(275members) and National Assembly(59 members)

Main features of this constitution:

 A written constitution
 Large constitution having 35 parts,308 article, and 9 schedules
 Fundamental law of land, rule of law, secular state, sovereignty
vested to the people
 Independent of judiciary with power of judicial review
 Federal democratic republican state
 Socialism oriented state, multi-party democratic system of
government, decentralization of power
 Guarantee of fundamental rights and duties,
 Constitutional bench in the supreme court, supreme court is center,
high court is every provinces, and district court in every district.
 Division of power and jurisdiction of the central, provincial and
local governments.
 Directly elected 165 and 110 proportional elected out of 275
members of the house of representative.
 56 members elected from 7 province and 3 nominated by the
president on the recommendation of council of ministers out of 59
members of the national assembly.
 Mixed electoral system
 Two third majority of the parliament can amend the constitution.

Thank you……..!
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