Thursday, November 21st, 2024

Time to Review the Constitution



It has been 16 years since the Republic was declared, marking a significant juncture in Nepal’s political evolution.

However, it was only in the year 2015 that the new constitution was promulgated, following a prolonged interim period.

The initial decade saw the Interim Constitution in force, with the final constitution emerging from the Constituent Assembly after approximately 30 months of deliberation.

Notably, elements of the Interim Constitution were integrated into the new framework, signaling continuity amidst change.

Subsequently, governance adhered to constitutional guidelines, with elections held as mandated.

The passage of time has seen the completion of one electoral cycle as per the new constitutional provisions, spanning a total of seven years.

At all levels of government, from local to federal, elected bodies have been established, with periodic elections reinforcing democratic processes.

Currently in the nascent phase of the second electoral cycle under the new constitution, reflections on the preceding term are pertinent.

Where deficiencies exist within the constitutional framework, amendments should be considered to reinforce the federal democratic republican governance system while preserving its fundamental principles.

The tenure following the first election witnessed a coalition government, predominantly comprised of the UML-Maoist alliance, assuming power with a significant parliamentary majority.

Led by Prime Minister KP Oli, the government’s term extended nearly three and a half years, marked by the presentation of four consecutive budgets, setting a record for the longest-serving Prime Minister in Nepal’s history.

Yet, amidst such tenure, questions linger regarding the substantive achievements, particularly in addressing the needs of marginalized regions and communities. Despite the mandate and duration, a critical evaluation prompts introspection on the tangible impacts and fulfillment of electoral promises.

The subsequent fracturing of the Nepal Communist Party further complicated the political landscape, with divisions within the CPN-UML and the emergence of new factions.

The then Prime Minister KP Oli’s decision to dissolve parliament, ostensibly to unburden the party from coalition pressures, underscored the evolving dynamics within the political sphere.

As Nepal stands at this juncture, contemplating its constitutional journey, introspection and deliberation become imperative.

Assessing past performance informs the trajectory of future governance, ensuring that the aspirations of the nation and its people are duly realized.

We voiced our objection, firmly stating that such actions were not in alignment with the constitution; rather, they ran counter to its principles.

Should this trend persist, where each Prime Minister finds themselves unable to wield authority effectively, it could potentially trigger another round of parliamentary dissolution.

Thus, we emphasized the misuse of constitutional provisions.

As anticipated, the Constitutional Bench of the Supreme Court intervened, rightfully reinstating the Parliament and affirming its stance against such unconstitutional measures.

Upon the Parliament’s restoration and the subsequent formation of a new coalition government, a crucial condition was laid down: to conduct elections promptly.

This electoral imperative guided the functioning of the interim government, culminating in the conduct of elections as mandated.

In assessing the current tenure, it is evident that we are only at the outset of evaluation.

However, preliminary observations suggest that the morning’s promise has yet to translate into the daylight of tangible progress.

The extent of success in serving the people remains uncertain.

Thus, it prompts a critical examination of the Nepali Congress’s capacity to advocate for the populace, aligning with the constitutional ethos.

Central to this review is an appraisal of legislative efforts aimed at realizing the Constitution’s objectives for the public good.

It encompasses an evaluation of laws enacted, laws pending, and the overall functioning of state institutions.

The efficacy of governance extends beyond the executive branch, encompassing parliamentary proceedings and the efficacy of constitutional bodies, including oversight commissions and caste-based commissions.

Hence, the call to action resonates—now is the time to comprehensively review both the implementation of the constitution and the functioning of state mechanisms in accordance with its provisions.

Such introspection may unveil shortcomings, necessitating amendments to fortify constitutional integrity while reinforcing the federal democratic republican governance framework.

This introspective exercise extends to identifying legislative gaps and understanding the impediments hindering their enactment.

Dialogue is imperative to dissect these overarching issues, ensuring that the legislative framework aligns with the evolving needs of the populace and the foundational principles of the state.

In reflecting on the 16 years post-monarchy and the advent of the republic, the focus narrows on the period since the constitution’s promulgation, which shapes the nation’s trajectory today.

The initial years of the Constituent Assembly were marked by inertia, yet ultimately culminated in the nation’s constitutional foundation with the victory of the Nepali Congress party in the second iteration of the assembly.

Now is the opportune moment to assess the preceding years.

While acknowledging the achievements and developments over the 16 years of the Republic, it is evident that the envisioned level of progress envisaged by the constitution remains unrealized in favor of the people.

It is imperative for the Nepali Congress to prepare comprehensively for the challenges ahead, particularly concerning the administration of state power.

Prior to the forthcoming election within the next three years, it is essential to deliberate on necessary suggestions, structures, laws, and regulations aimed at enhancing overall governance and fostering progress for the people.

We must discern the reforms sought, ensuring alignment with constitutional provisions.

Where deficiencies exist within the constitutional framework, amendments should be considered to reinforce the federal democratic republican governance system while preserving its fundamental principles.

The Nepali Congress has consistently advocated for targeted amendments to fortify the constitution’s integrity.

I appeal to party leaders, fraternal organizations, and well-wishers to converge with unity of purpose and enthusiasm as we approach our convention.

Criticism should be constructive, fostering unity and a shared vision to resonate with the populace.

The Nepali Congress exists not for its own sake but as a champion of the people’s rights and economic progress.

Our dedication lies in serving the people, and our party workers are committed to advancing their rights and economic well-being.

While acknowledging the achievements and developments over the 16 years of the Republic, it is evident that the envisioned level of progress envisaged by the Constitution remains unrealized in favor of the people.

Hence, let us ground ourselves in the reality of our nation and society, conducting a thorough evaluation of both our party and the country as a whole.

(This sentiment was echoed by Nepali Congress leader and National Assembly member, Krishna Prasad Sitaula during the lecture program on ’16 years of the Republic, the realization of citizens, the assurance of good governance’ held by the GP Koirala Democracy Promotion Center in Kathmandu)

Publish Date : 30 May 2024 11:34 AM

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