Constitutional Dreams

Today, the nation is celebrating the 9th anniversary of the promulgation of the Constitution of Nepal, 2072. It is the most progressive and comprehensive constitution that the country has ever adopted. It has brought transformative changes to the society. Nepal's transition to the federal democratic republic marks an epoch-making step towards a more advanced and democratic society. The statute has embodied the achievements of all past movements and revolutions of the Nepali people. Under the new charter, the country saw two elections of three-tier government. In order to implement the statute, several key laws and physical infrastructure were created. The three-layer governments seek to ease the process of service delivery so that people do not face any difficulty in obtaining the basic facilities they are entitled to.

The new principal legal document of the land was possible only after Janaandolan–II, also known as the April Uprising that forced the dictatorial monarch to surrender before the massive peaceful revolt. The restored House of Representatives made sweeping announcements, suspending the kingship until it was abolished by the first meeting of the Constituent Assembly (CA) on May 28, 2008. The new constitution was drafted by the second Constituent Assembly (CA) elected in 2013. The first CA elected in 2008 failed to announce the new statute owing to the irreconcilable discords among the political parties. In the 601-member CA, the CPN-Maoist Centre had secured the largest number of seats, with Nepali Congress and CPN-UML respectively placed on the second and third position. Perhaps, the Maoist Centre's more radical line had hampered the efforts to forge consensus on the key contents of the statute. 

The new national charter is better known for its inclusive elements. It has envisaged several legal instruments to ensure the representation of women, Madhesi, Dalits and other socially and economically marginalised sections of the population in the key organs of the state. The proportional representation electoral system has brought representatives from those marginalised segments of the society into the law-making body- the parliament. Nepal has already got female President, Speaker and Chief Justice. The statute has spelt out 31 fundamental rights that include right to health, education, employment, food and social security, among others. It has emphatically stressed stability, peace and inclusive prosperity.  

As we observe the 9th Constitution Day and the National Day, it becomes imperative to reflect on its gains and challenges. The general consensus is that the statute has scripted lofty ideals of democracy but its implementation status is far from satisfactory. Experts are of the view that the central government is reluctant in empowering the provinces that still rely on the former for budget. In the absence of vital laws related to federal civil service, provinces' jurisdiction and distribution of national resources, the provinces have been unable to be autonomous in the true sense of the word. The marginalised people still face hurdles in exercising their rights. Another challenge is the frequent changes of the government. Instability makes difficult to attain the goal of the constitution.

The local units and provinces should mobilise local resources and reduce their dependency on the centre. The nation has also challenges in meeting the costs for the new governance structures. In order to effectively implement the provisions of the statute, the elected representatives must refrain from siphoning off scarce public resources. The rising corruption cases taking place at the local bodies imply that the local bodies need robust mechanisms to curb irregularities. The political leaders need to abide by the democratic norms and values so as to achieve good governance and prosperity as stated in the constitution.