Nepal and India Relation After 12 Points Understanding

With multidimensional aspects, Nepal India relation is historical, social, political and culturally embodied. Both countries adhere to a unique relationship of friendship and cooperation characterized by open borders and deep-rooted people-to-people contacts of kinship and culture. Pedestal on secondary data this article aims to discuss the major developments in Indo-Nepal relation after 12 points understanding. Nepalese and Indian governments, in order to review the past treaties and agreements between the two countries, made EPG of four members each from both countries. Similarly, Nepal and India exchanged high level visits between them. Nepal made a new constitution in 2015 and promulgated it. However, India was not satisfied with some of the content of it, so India imposed unilateral blockade. Later, Nepal India relation was normalized, and again, Nepal and India have a dispute on Limpiyadhura-Lipulekh border. The vital concern is what has happened to the relations built on historical ties? This paper looks at the relations India once had with Nepal, and where it stands today. There have been many ups and downs in Nepal India relation after 12 points understanding and even during the present border dispute. However, all problems and disputes can be solved through diplomatic dialogues at various levels. Bilateral relations can grow further with unfaltering commitment to the doctrines of peaceable coexistence, sovereign equality,


Introduction
Nepal-India relations have a long history. Although, in this article Nepal India relation after 12-point understanding will be discussed,12 point understanding is a turning point in the political history of Nepal. It opened the door for Constitutional Assembly (CA) and Federal Democratic Republic Nepal . In this 12-point understanding, the political parties pledge to work towards democracy, peace, prosperity and social advancement and ending autocratic monarchy. After this understanding, the people's mass movement of 2006 was successfully held in Nepal. There after the first CA was formed, this just started the process of making the constitution. Constitution and finally the second CA promulgated the new constitution in 2015. As a sovereign nation, Nepal promulgated its constitution independently. However, India had some vested interest and it wanted its interest to be incorporated in the new constitution. As a result, India blocked its border to Nepal without any information or announcement. The Nepali people suffered from the blockade for three months. In the meantime, Nepal India relation was very tense. Being a landlocked country, Nepal has transit rights as provisioned by international laws. However, by imposing an unannounced blockade, India violated transit rights of landlocked country Nepal. It was not the first time India has imposed blockade to Nepal. In the previous time also, India had imposed similar blockade in Nepal. Being a neighbor, India has not played the role of a good neighbor. Later Indo-Nepal relation was normalized after a series of official and unofficial political visits and dialogues from both sides. On the other hand, Nepal and India have formed Eminent Person Group (EPG) of four members each from both countries in order to review all the treaties and agreements between the two countries (Ministry of External Affairs, 2014). EPG has already completed its assigned task; however, Indian Prime Minister Narendra Modi has not received its report yet. This report is expected to add one more brick to bring harmonious relation between Nepal India relation. Meanwhile, the latest Limpiyadhura-Lipulekh-Kalapani dispute and the consequent developments have, again, tensed the Nepal-India relation and it is unknown till the moment about how the case is settled.

Objective and Methodology
The objective of this paper is to discuss the major developments in Nepal India relation after 12 points understanding. The major concern is on what has happened to the relations built on historical ties. This study is descriptive and analytical in nature. The study is descriptive as it primarily focuses on describing the nature of Indo-Nepal relations. The paper is solely based on qualitative secondary data congregated from different secondary sources viz. library books, journals, booklets and internet sources. The qualitative data assisted in the analysis of the subject under study.

High Level Visit
Exchange of high-level visits definitely support strengthening bilateral relations between the two countries.

New Constitution Making Process
Prior to the constitution making process, Nepal India relation was good. Indian Prime Minister Narendra Modi visited Nepal in August 2014. Modi addressed the Parliament of Nepal. He advised the members of CA to concentrate on the constitution making process (with Rishi Man) (Ministry of External Affairs, 2014). He stressed that the constitution should address the interest of people residing in Himalaya, Hill and Terai as well as to fulfill the dream of people of all religions, languages, cultures and castes. He further added, in his speech, that India would not interfere in the constitution making process of Nepal as Nepal is the sovereign nation (Ministry of External Affairs, 2014). He further said that Nepal is the land of Pashupatinath, Muktinath, Risimuni, Tapovumi and birthplace of Buddha. On his visit, the government of Nepal and government of India issued a 35 Point joint statement. But unfortunately, next year, after the promulgation of new constitution, India imposed a blockade to Nepal without making any announcement as it was dissatisfied with some of the contents of the constitution.
Modi government had some suggestions to be included in the new constitution of Nepal. India wanted Nepal to follow its suggestion. It was not acceptable for Nepal. Nepal did not follow the Indian suggestion as Nepal is a sovereign and independent nation. No other nation has any right to provide suggestions and feedback for the new constitution going to be made by CA. CA is the symbol of the sovereign power as it was made by the sovereign people of Nepal . So, the leader of political parties independently decided to announce the constitution of Nepal in 2015. Two days before the promulgation of the Constitution of Nepal, Indian Prime Minister Modi had sent a diplomat to Nepal as a special envoy for the same purpose but Nepal did not follow it.
Then, in September 2015, just two days before the sovereign Constituent Assembly (CA) was to promulgate the new constitution, Indian Foreign Secretary S. Jayshankar visited Nepal as a special envoy of the Indian PM to coerce Nepalese leaders to postpone the promulgation of the constitution. Nepalese leaders defied it as they were not in a position to postpone the schedule endorsed by the CA. (Tiwari, 2015).
Nepal's Second Constituent Assembly promulgated a Constitution on 20 September 2015 amid protests by Madhesbased parties and other groups. The Government of India has expressed grave concern regarding the ongoing protests and has urged the Government of Nepal to make efforts to resolve all issues through a credible political dialogue (Embassy of India Kathmandu, 2015). After the promulgation of the new constitution of Nepal in September 2015, China and other friendly countries of the world welcomed it. But India did not welcome it. India merely noted the promulgation of the new constitution of Nepal. Similarly, Indian Prime Minister Modi tried to collect international support and On a visit to the United Kingdom in a joint statement he spoke on Nepal's constitution. But he did not get the support as expected. Then India decided to impose a trade embargo to Nepal in order to put pressure on Nepal. India supported the demand of Madhesh based political parties. Madesh based parties wanted 'One Madesh One Pradesh' and also demanded that 100 seats out of 165 seats be allotted for the Madesh Pradesh.
Consequently, the major Madhesh-based parties did not sign constitution which had serious flaws. Provision was made for a 165-member parliament in the new constitution. But the constituencies were developed in a way that the people of hill and mountain regions get 100 seats, though their share in Nepal's total population is less than 50 per cent. On the other hand, the Terai region inhabits over half of the country's population, but it has been allocated only 65 seats. (Jha, 2015) India wanted a dominating role in Nepal's affairs. Madhesh Movement of Nepal is a political movement launched by various political parties, especially those based in Madhesh, for equal rights, dignity and identity of Madhesi and Tharu. The Madhes movement mainly demanded two autonomous states in the Terai -one from Jhapa to Parasi, the other from Chitwan to Kanchanpur. So the Indian government supported the Madhesh movement and imposed a blockade on Nepal without any official announcement. India never accepted that it imposed a blockade on Nepal but the fact easily proves it.
Indian Prime Minister played a dual role in the constitution making process of Nepal (Dahal, 2019). On the one hand, while addressing CA members in the parliament, he asked CA members to concentrate with 'Rishi Man' in the constitution making process. On the other hand, after the constitution was finally promulgated, instead of welcoming it, he unofficially imposed a blockade on Nepal as a gesture of dissatisfaction to Nepal's new constitution.

Blockade in Nepal
Nepal had announced the new CA made constitution of Nepal in 2015 . Two days before the announcement of the new constitution, Indian Prime Minister sent his special envoy to convince Nepal to delay the constitution promulgation date for some more days and also asked Nepal to address the demand of the Madhes-based political parties through the dialogue. Nepal is the sovereign nation and it announced the new constitution. The CA represents the sovereign power of the people. Facts show that nowhere in the world hundred percent CA members have supported the new constitution. For example, new constitution of India was promulgated in 1950 with hardly two third majority support of its CA members and the constitution of the USA was approved by two third states only after two years of its announcement. Constitution of the USA was made in 1787 but it was implemented in 1789 after two third states finally approved it. In Nepal, almost 90 percent CA members signed in the Constitution of Nepal, 2015 . Madhesh based political parties demanded formation of two autonomous states in the Terai: one from Jhapa to Parasi to be called Mithila state with Janakpur its capital and next from Chitwan to Kanchanpur to be called Buddha state with Lumbini its capital and provision of 83 parliamentary seats in Terai. Similarly, reservation of seats for the Madheshi and Tharu in administrative, security, judiciary and diplomatic service on the basis of the population (Jha, 2015).

Eminent Person Group (EPG)
Being the closest neighboring countries of South Asia, Nepal and India have historical, cultural, ethnical and socially deep-rooted relations. In history there were different modes and situations between the bilateral relation of the two countries. Nepal and India made various agreements and treaties. India is a bigger and more powerful nation than Nepal. Also, the area of India is much larger than that of Nepal, population of India is far more bigger than that of Nepal. Even India is politically stronger than Nepal. But being two sovereign and independent nations, they have equal status in the world. However, India wants to dominate and control Nepal. It wants to be like a big brother. This is not acceptable for Nepal nor for any other independent nation of the world. Both countries have to abide by the international rules and regulations.
The two Prime Ministers agreed to review, adjust and update the Treaty of Peace and Friendship of 1950 and other bilateral agreements. They welcomed the decision of the Joint Commission to direct the Foreign Secretaries of the two countries to meet and discuss a specific proposal to revise the Treaty of Peace and Friendship of 1950, which the Government of Nepal agreed to provide at the earliest. Both sides agreed that the revised Treaty should better reflect the current realities and aim to further consolidate and expand the multifaceted and deep-rooted relationships in a forwardlooking manner. (Embassy of India in Kathmandu, 2014) Both Nepal and India are the members of UNO, members of non-alignment movement, and founder members of SAARC. They have equal right to vote in the UNO. Thus, Nepal and India are similar and sovereign nations of the world. In the past, Nepal signed several unfair treaties with India. Now Nepal wants to review them all. It demands a fair deal between the two nations. All the discriminatory treaties and agreements are no more acceptable for Nepal. So, both countries agreed to form an EPG for the review and recommendation about the past agreements and treaties between Nepal and India. In 2014, both the Government of Nepal and the Government of India made EPG. There are eight members, four members each from Nepal and India.

Results and Discussion
The 12 points understanding between the then seven parliamentarian parties and CPN (UML) took place in Delhi, the capital city of India. This 12 points understanding paved a way for people's movement, abolishment of monarchy, establishment of federal republic nation and a new constitution for Nepal. So, this 12 points understanding is a major political event in the political history of Nepal. As this understanding took place in India, India might have expected more influence in Nepal's political affairs. But such expectation is not good for a modern democratic sovereign nation. That's why Nepal India relation is more tumultuous after the 12-points understanding. Undoubtedly 12 points understanding is a major turning point in the political history of Nepal. After that Nepal entered into new life by becoming a federal democratic republic nation. It got a new recognition of a republic country. In this period, Nepal India relations experienced more ups and downs. Nepal India relation was rejoicing when the Indian Prime Minister Narendra Modi addressed the CA (then Parliament) of Nepal and told CA members to concentrate on constitution making process with 'Rishi Man'. His address to the parliament was admired by the Nepalese people. However, this does not last for long. Next year, when Nepal announced a date for the promulgation of new constitution, India was not happy with that. India wanted the constitution promulgation date to be postponed and its vested interest to be addressed in the constitution. Constitution making is an internal affair of a nation and a country should not be guided by the advice of a foreign country. So, being a sovereign nation, Nepal promulgated its constitution in its own will, without considering the will of India.

Conclusion
Nepal India relations are historical, social, ethical and cultural embodied since the primitive era. In the modern time, India and Nepal initiated their relationship with the 1950 Indo-Nepal Treaty of Peace and Friendship that defined security relations between the two countries, and an agreement governing both bilateral trade and trade transiting Indian territory that flagged a special relationship between India and Nepal. In the contemporary period, Nepal India relations need to be cordial and friendly as we are the neighboring countries and we share common culture and civilization as well. Notwithstanding the handy linguistic, marital, religious and cultural ties at peopleto-people level between Indians and Nepalese, since the last few years political issues and border rows have strained relations between the two countries with anti-Indian sentiment growing amongst the government and people of Nepal. Because of border disputes between the two countries, a boundary settlement hasn't yet been approved by either government.
Nepal and India are two independent and sovereign nations and are equal. But India wants to have its influence on Nepal which is not acceptable for Nepal. India is the biggest and powerful nation in South Asia. Its position is vital in South Asia. After 12 points understanding, Nepal India relation has been too tumultuous. Exchange of high-level visits from both sides, constitution making process of Nepal and India's interest on it, blockade, EPG and recently Limpiyadhura-Lipulekh-Kalapani issue have been major events in the Nepal India relation. And, one thing that both countries should agree is that problems should be addressed through proper diplomatic channels and both Nepal and India should respect each other's sovereignty and India being a big nation, it should have a big heart to resolve all unsettled issues between Nepal and India. The steadfast obligation to the principles of peaceful coexistence, sovereign equality, and understanding of each other's aspirations and sensitivities need to be the firm foundation on which bilateral relations can grow further. Nepal and India have no choice other than to have a decent relation between the two.