Mode of Promulgation
This section focuses on how constitutions come into existence and the importance of their legitimacy. The mode of promulgation greatly influences how well a constitution functions and its acceptance among the populace. Successful constitutions, such as those of India and the United States, emerged from popular movements and strong public consensus. Conversely, constitutions shaped by military leaders or unpopular regimes often face challenges, becoming ineffective or ignored. For example, India’s Constitution was crafted by a democratically elected Constituent Assembly, reflecting a national consensus and garnering support from diverse sections of society.
In contrast, Nepal's experience illustrates the challenges of couching constitutional legitimacy within transitions of power, as historic constitutions were granted rather than created through popular will. This struggle culminated in the eventual adoption of a new constitution in 2015, shaped by widespread public motivation for democratic governance. The narrative emphasizes that effective constitutions are those rooted in public support and recognition of authority, setting the stage for governance that is perceived as legitimate and just.