Is a 2/3rds Majority in the House of Representatives Enough for a Constitutional Amendment?

Constitution Study #16: An analysis of the probability of the amendment of the Constitution of Nepal through the House of Representatives

Point no. 5 of the December 10 agreement between the government and the Gen Z representatives decided to set up a commission that will recommend subjects in the Constitution that need amendment. The incumbent government cannot address the issue because it has been set up to conduct elections for the fresh House of Representatives after the youth movement of September 8 and 9 swept all three organs of the state. But can the lower house alone amend the Constitution even if it has a 2/3rds majority?

The answer lies in understanding the process of amendment, the formation of the Parliament, and the political mistakes made by a “new” party in the previous election.

1. How is the Constitution amended?

The amendment of the Constitution of Nepal is governed primarily by Article 274, which establishes a rigid but adaptable framework.

1.1 The Unamendables

Clause (1) of Article 274 makes it clear that:

No amendment shall be made to this Constitution in manner to be prejudicial to sovereignty, territorial integrity, independence of Nepal and sovereignty vested in the people.

This clause, too, is immune to any amendment (Article 274(2)).

1.2 Procedure for amendment

A Bill to amend or repeal any other article may be introduced in either House of the Federal Parliament (the House of Representatives or the National Assembly). Once a Bill is introduced, it must be publicly published within thirty days to ensure the general public is informed of the proposed changes.

If a proposed amendment involves altering provincial borders or affects the exclusive powers of provinces listed in Schedule-6, a more complex “federal” check is triggered:

• Provincial Consent: The Speaker or Chairperson of the House where the Bill originated must send it to all Provincial Assemblies for consent within thirty days.
• Timeframe and Voting: Each Provincial Assembly must approve or reject the Bill by a majority of its total members within three months.
• Veto Power: If a majority of the Provincial Assemblies (at least four out of seven) notify the Federal Parliament that they reject the Bill, the amendment Bill becomes inoperative.
• Federal Progression: If the three-month period expires without a response from an Assembly, the Federal Parliament may proceed with the Bill regardless.

Any other bill must be passed by at least a two-thirds majority of the total number of the “then members” of both Houses of the Federal Parliament (Article 274(8)). This high threshold prevents frequent or unstable changes driven by narrow political majorities.

1.3 Presidential authentication

After the Bill is adopted by both Houses, it is submitted to the President for final approval. The President must authenticate the Bill within fifteen days of receipt, at which point the Constitution is officially amended. The President has no discretionary power or veto over constitutional amendments that have fulfilled these procedures.

2. How does the Federal Parliament form?

Nepal has a bicameral system of legislature (Article 83), according to which there are two houses, the lower House of Representatives (HoR) and the upper National Assembly (NA).

2.1 Composition of the House of Representatives

The HoR consists of a total of 275 members, of which 165 (60%) members are elected through the first-past-the-post (FPTP) electoral system. The 110 (40%) members are elected through the proportional electoral system, where voters vote for political parties.

2.2 Composition of the National Assembly

The National Assembly (Rastriya Sabha) of Nepal is the permanent House of the Federal Parliament. It is formed through a combination of indirect elections and presidential nominations, consisting of a total of 59 members.

i. Elected 56 members

From each of Nepal’s seven provinces, eight members are elected to the National Assembly. These members are chosen by an Electoral College composed of:

• Members of the Provincial Assembly.
• Chairpersons and Vice-Chairpersons of Rural Municipalities,
• Mayors and Deputy Mayors of Municipalities.

The weightage of votes varies between Provincial Assembly members and local-level officials, as determined by federal law. To ensure inclusivity, the eight members from each province must include:

• At least three women,
• One Dalit,
• One person with a disability or from a minority community.

ii. Nominated 3 members

The remaining three members are nominated by the President on the recommendation of the Government of Nepal. This group must include at least one woman.

3. Why is gaining a 2/3rds majority difficult?

If we look at the past two elections since the promulgation of the Constitution, the chance of a party gaining a simple majority (138 seats) is slim. This is due to high competition, shifting alliances, and the effect of the proportional system. The number of votes parties gain after crossing a threshold of 3% of the total valid votes cast to the parties using Sainte-Laguë method for reducing the overrepresentation of large parties determines the final outcome.

In the 2017 federal elections, CPN-UML gained 80 (~48%) seats in the FPTP system but gained only 41 (37%) seats in the proportional system. This was a result of the “Left Alliance” set up by the UML, Maoist Centre, and Naya Shakti.

In 2022, the equations were even more interesting. The Left Alliance had broken up, and the Nepali Congress (NC) won 57 (34.5%) seats in the FPTP elections. But it secured only 32 seats in the proportional. CPN-UML was the winner in the proportional system with 34 (31%) seats despite winning 44 (26%) seats in the FPTP.

4. A Scenario: Will there be an amendment if RSP gains a 2/3rds majority?

History has shown that winning even a simple majority in one House is difficult, and a supermajority in both Houses seems like a pipe dream. But let’s imagine a scenario.

Rashtriya Swatantra Party (RSP) was the fourth largest in the 2022 federal elections. While it mostly got its seats by catering to younger urbanites, it has also gained a loyal mass of supporters from the villages. Many believe that its Chairperson Rabi Lamichhane has been a victim of political conspiracy in cases related to fraud and money laundering while he worked as a TV presenter. The cases are still ongoing, but let’s suppose he and his party win a 2/3rds majority. And later, respecting the youth movement, the HoR passes the Constitution Amendment Bill.

Now the bill goes to the National Assembly. As of December 2025, the NA has 26 members from NCP, 16 from NC, and 11 from UML. The equation might change after the National Assembly elections, which have to be done in January 2026. Since the coalition of UML and NC was ousted in the movement, they are revengeful of the September movement. The UML 11th General Convention held recently is evidence that it rejects Gen-Z rebellion. That’s why there is a high chance they won’t let the amendment pass.

The biggest problem, however, is that RSP and new parties have no representation in the National Assembly. The local elections were held in May 2022 before the general elections for federal and provincial assemblies in November of the same year. RSP formed in June, following the success of independent candidates at the local level. It registered only for the federal elections and not for the provincial assemblies. The party has also been vocal against the provincial setup, but the stance/blunder means that it has no role in the provinces as well as the NA.

Although the Constitution has been amended twice, it was because of a wide consensus within all the major parties then. This time, there is very little possibility for such consensus. The only hope is that somehow the major parties agree to amend the Constitution, but realistically, it seems impossible.

5. Conclusion

The Constitution of Nepal is flexible to allow amendments to meet the changes that come with time. However, it is also rigid because the ease of updates may allow selfish interests to creep in, as with the Interim Constitution 2063, which got amended 12 times in 9 years.

The representatives of the youth movement chose to go with voting for a new parliament through a government that has been challenged in the court. Given the influence older parties have had in all the institutions of Nepal, believing that they will correct themselves without revenge is naive. There is The youth movement aspired to solve problems, but it has not solved any. It has raised doubts and fears. As such, the amendments at this moment seem more akin to fantasy.