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RSP nears two-thirds majority, but Constitution amendment remains a tough road

March 8, 2026
4 MIN READ

Despite its commanding lead in the House of Representatives and the prospect of forming a powerful government, the Rastriya Swatantra Party will still need a two-thirds majority in the National Assembly and broader political consensus to amend the Constitution

Then-President Ram Baran Yadav promulgating the constitution in 2072 BS. File photo
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KATHMANDU: Based on the election results and ongoing vote count trends from Thursday’s House of Representatives election, the Rastriya Swatantra Party (RSP) appears set to form a two-thirds majority government. In the 275-member House of Representatives, 184 seats are required for a two-thirds majority. The RSP is on track to win around 120 of the 165 directly elected seats and is also far ahead of other parties in the proportional vote.

RSP will now find it considerably easier not only to form a government but also to navigate parliamentary processes. As debate over constitutional amendment has been ongoing for several years, many are now curious whether the RSP, having achieved a two-thirds majority, can actually amend the constitution. A two-thirds majority in parliament is required for constitutional amendment.

Nepal’s Constitution of 2015 has now been in place for over a decade. In the 10 years since its implementation, numerous practical difficulties have emerged, making constitutional amendment an unavoidable issue.

In its manifesto presented to voters for this House of Representatives election, the RSP had included the subject of constitutional amendment. The party stated it would prepare a “discussion paper” on constitutional amendment proposals within three months of taking office, in order to build national consensus. The manifesto stated: “The following concepts shall be the minimum to be presented for initial discussion from RSP’s side – a directly elected executive, a fully proportional parliament, a provision barring MPs from becoming ministers, non-partisan local government, and a reformed provincial structure.”

However, amending the constitution on these matters is not as straightforward as the RSP may think. Senior advocate Chandrakant Gyawali, an expert in constitutional law, states that a two-thirds majority in the House of Representatives alone is not sufficient to amend the constitution. According to him, a two-thirds majority in the National Assembly is also required. The constitutional provision mandates that both houses must pass amendments by a two-thirds majority.

Not only for constitutional amendment, but for passing treaties and agreements of an international nature as well, a two-thirds majority in both houses is required. To change provincial boundaries or jurisdictions, the agenda must first be approved by five provincial assemblies and then passed by a two-thirds majority. However, traditional political parties still dominate both the National Assembly and the provincial assemblies.

Because passage by two-thirds majority in both houses is required, constitutional amendment is described as “rigid,” says senior advocate Gyawali. According to him, not only Nepal but countries like India, the United Kingdom, the United States, and South American nations also require a two-thirds majority to amend their constitutions.

Under Article 76(1) of the constitution, a single-majority government will now be formed. Even if the National Assembly does not pass a bill originating in the House of Representatives where one party holds a majority, that house can pass it a second time after the time period lapses, making it law. It will be considerably easier to legislate and amend bills on matters such as finance, development and construction, and peace and security.

On 14 July 2024, the Nepali Congress and the CPN (UML) had formed a coalition government with constitutional amendment on their agenda, agreeing to take turns as Prime Minister. However, that issue never became their actual priority, drawing criticism that the two largest parties in parliament had formed a coalition purely for the sake of power.

The constitution designates the National Assembly as a permanent house. Article 86 of the constitution governs the formation and terms of its members. Members of the National Assembly serve a six-year term. Of the 59-member National Assembly, 56 members are elected – eight from each province – while the remaining three are nominated by the President on the recommendation of the Council of Ministers. One-third of the National Assembly’s members complete their term every two years, and fresh elections are held every two years to bring in one-third new members in their place.

In the National Assembly election held on 25 January 2026, the Nepali Congress and the UML formed an alliance and their candidates won. The newly elected National Assembly members are set to take oath on March 9. Excluding the Speaker and one nominated member, the Nepali Congress has emerged as the largest party in the National Assembly with the most seats among the 56 elected members. In the National Assembly, the Nepali Congress has 24 members, Nepali Communist Party has 17, UML has 11, Janata Samajwadi Party has two, and Loktantrik Samajwadi Party Nepal and Rastriya Janamorcha have one member each.