Context- Ninth Constitution Day: Constitution amendment should be objective, not subjective, asserts Speaker Ghimire

Kathmandu, Sept 18: Speaker Devraj Ghimire has asserted that the topic of constitution amendment should be pursued in a systematic way on an objective basis and not on sentiment. He also pointed out that the weaknesses seen in the implementation of the constitution should also be analyzed before delving into amendment. 

According to the Speaker, the nation has entered into the federal democratic republican order and significant positive changes have been taking place that can be felt in the overall lifestyle of the people. He opined that although the State has limited means and resources, the overall progress is notable. Speaker Ghimire said the living standard of the people has risen and they have been getting basic health services and education to some extent.

The Speaker expressed this in an interview to the National News Agency (RSS) in the context of the Constitution Day-2081 tomorrow. 

Role of parliament in institutionalizing republic

Asked what kind of a role the House of Representatives (HoR), the lower house of the Federal Parliament, is playing for institutionalizing and strengthening the federal democratic republic, Speaker Ghimire said it has been nine years since the promulgation of the current constitution and the HoR is making efforts to making its works effective. 

The parliament constituted after the first general election following the promulgation of the constitution mainly centred on formulation of laws. Some of the required laws were made at that time itself and the federal democratic republican system was institutionalized and made effective. 

The parliament is currently active in making the necessary laws even after the second election. On top of that, the parliament has focused its attention a little more on observing how the laws are being implemented and on providing feedback, suggestions and directives to the government for their effective implementation after holding the required debate and discussions. 

Political instability affects parliament

To the question whether the change in political equation had any impact on the regular works of the parliament in the meantime, the Speaker said that coalition governments were formed with the alliance among the small parties and there was a change of such governments within short time which affected the regular activities of the parliament to some extent. The change in the power equation at the centre had its knock-on effect in the provinces as well.

The second parliament at the centre also could not carry out its responsibilities as expected. The parliament should have gained momentum in this period of about two years, but its role and the aspect of constitution implementation was not effective. However, comments like those that the popularity of the constitution and the parliament had diminished need not be made. Instead, the people's sentiments are being vociferously being expressed directly through the parliament. 

Asked about there remaining to be made some Acts directly related to the constitution's implementation on the one hand and how he has found the status of the implementation of those Acts already formulated to that connection on the other hand, the Speaker stated that there is no concrete report as to in which specific areas there was a lack of laws and that also what specific laws were needed. According to him, many laws compatible with the constitution have already been drafted by the parliament formed after the first election.

The Acts like the Federal Civil Service Act especially related to implementation of federalism should have been passed by this time, but that has not happened yet and this has created a bit of confusion in the civil service. The parliament has been trying its level best to get some of the major laws related to federalism implementation into the parliament and it has called attention of the government to this end.

Another is the School Education Bill that also needs to be taken ahead and finalized with priority. There is the Police Adjustment Bill that is still not finalized. The parliament has already drawn the government's attention on the need of introducing bills related to these key laws in parliament as soon as possible. 

People's aspirations largely addressed by present Constitution  

When asked how people directly benefited after the promulgation of the current constitution which is written by the people's representatives for the first time in history, the HoR Speaker viewed that it has instilled hope among the people that the State addresses their demands through their representatives and the people's aspirations can be addressed through the province and local governments.

The people have to experience that they have the government at their doorstep. It would not be possible for the people to get 'delivery' from the State had the works that had been done especially under the constitution not been carried out under the current political system. 

In the context of constitution implementation, despite the shortage of several laws and the required employees, the State agencies are working in improving the delivery to the people and due to this, there has been a positive change in people's lives.

Necessity of constitution amendment

Constitution amendment is required and it is natural to remove any impediments encountered in the implementation of the constitution. However, the debate and discussions on which issue made the constitution implementation difficult and what needs to be amended in the constitution have not come to the fore now.  

Nevertheless, there are also good aspects of constitution amendment in the context of the experiences from the implementation of the constitution so far. Rather than for or against constitution amendment, an environment is gradually building up for holding discussions on what the reality is, what are the difficulties in the implementation of the constitution and which of the Articles of the constitution are problematic etc. 

When there a situation of consensus and understanding did not exist in parliament in the past, it was impossible to get even the necessary legislation passed. Now it is possible. 

Speaker's message to Nepali people on Constitution Day  

We have brought this constitution from the Constitution Assembly after putting in great efforts and at a big cost through long struggle. Now when there is a talk of constitution amendment, this topic should be pursued ahead on an objective basis rather than subjective and in a systematic way. Attention should be paid towards addressing the shortcomings seen in the implementation of the constitution. May the Ninth Constitution Day give inspiration to all the political forces, specially the parties and the politicians in the leadership role, to employ the democratic republican constitution in the interest of the peoples. 

Fulfilling the things that the experience during this period demanded, let the constitution be implemented in a practical and effective manner in the coming days. Let the constitution be even more effectively and this be taken as a document that is forever practical. Best wishes to all on the Ninth Constitution Day. (RSS)