KATHMANDU: Former Chief Justice and former Chair of the Council of Ministers Khil Raj Regmi has stressed that any constitutional amendment should preserve the Constitution’s core spirit and preamble while ensuring greater stability and balance in governance.
Regmi shared his views during a meeting with a task force formed to prepare a discussion paper on constitutional amendments. The task force is coordinated by Asim Shah, political adviser to Prime Minister Balendra Shah.
Members of the task force visited Regmi at his residence in Baneshwor, Kathmandu, as part of a broader consultation process.
Preserve the Constitution’s basic structure
Regmi emphasized that the Constitution’s basic structure should not be weakened or altered under any circumstances during the amendment process.
He underscored the need to retain the Constitution’s preamble, particularly the spirit of its second paragraph, in its current form. He also suggested maintaining the existing constitutional provisions relating to religion without further changes.
Caution urged on governance model debate
Commenting on discussions surrounding executive presidential and prime ministerial systems, Regmi advised against rushing to conclusions.
He warned that excessive emphasis on political stability could create risks of authoritarianism or concentration of power, stressing that any reforms should be based on thorough study of international practices and experiences.
Suggestions on government formation and no-confidence motions
Regmi said the current provisions under Article 76 relating to government formation and no-confidence motions are not sufficiently practical.
He proposed reducing the current restriction on tabling a no-confidence motion from two years to six months.
Electoral reforms and proportional representation
The former chief justice argued that the current proportional representation system gives disproportionate influence to proportional lawmakers compared to directly elected representatives.
He suggested reducing the number of proportional representation seats to 60 and ending the practice of appointing individuals who have already held high public office through the proportional quota.
Representation, age limits and constitutional bodies
Regmi stressed the need to strengthen provisions ensuring meaningful representation of women, Dalits and marginalized communities in the National Assembly.
To encourage greater youth participation in politics, he suggested lowering the minimum age for House of Representatives candidates from 25 to 21 years, while setting the minimum age for National Assembly members at 30 years.
He also called for a review of constitutional commissions, proposing that the National Human Rights Commission remain the primary constitutional body while other thematic commissions be restructured as subsidiary institutions to improve efficiency and reduce administrative burdens.
Focus on regional development and judicial accountability
Regmi further recommended special constitutional provisions to accelerate development in Karnali and Madhesh provinces, particularly in education, public awareness, and socio-economic advancement.
He also stressed the need for stronger legal safeguards to ensure continuity of development projects and prevent arbitrary budget reallocations before projects are completed.
On judicial reform, Regmi said judges should continue to be appointed through the Judicial Council but suggested creating an independent body to oversee judicial accountability and disciplinary actions.
According to him, such a mechanism could enhance transparency and accountability within the judiciary.
Task force coordinator Asim Shah said the recommendations provided by Regmi would be seriously considered while preparing the constitutional amendment discussion paper.
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