Statute Bolsters Inclusive Democracy 

Today marks a decade since the promulgation of Nepal's Constitution. The historic Constitution transformed the Himalayan nation into a secular, federal democratic republic. Written by elected representatives, it has become the most progressive and inclusive national charter, contributing to building a more equitable and just society. As we observe Constitution Day, assessing how it has brought about drastic changes to the lives of marginalised people who have endured structural injustice for centuries is imperative. 

Inclusiveness has been the defining characteristic of the Constitution as reflected in its preamble and numerous Articles and Clauses. The provisions of fundamental rights, a mixed electoral system, proportionate representation, and the arrangement of several specific commissions designed to uplift the conditions of marginalised groups such as women, Dalits, indigenous communities, Madhesis, Muslims, and persons with disabilities underscore this fact. It has guaranteed equality for all citizens, regardless of caste, gender and religion, embodying the spirit of the Universal Declaration of Human Rights. 

Affirmative actions 

The landmark document has also introduced affirmative actions and reservation quotas to ensure meaningful participation of marginalised groups in all organs of the State. Thanks to these provisions, Nepal has witnessed visible changes in its governance system over the past decade.One of the clearest markers of this transformation is the civil service. The Civil Service Act, introduced under the Interim Constitution 2007, opened opportunities for underprivileged and marginalised communities to join the State's organs and mechanisms. It has ensured a 45 per cent reservation in public service for women, indigenous nationalities, Madhesis, Dalits, persons with disabilities and candidates from backward regions. 

The outcomes have been remarkable.Women's representation rose from nine per cent in 2008 to nearly 30 per cent in 2024 across federal, provincial and local levels. Similarly, marginalised ethnic groups such as Dalits, Muslims, Tharus, Tamangs, Gurungs, Magars, Sherpas, and Kirat/Rais have increased their presence in civil service. At the same time, the traditional dominance of the Brahmin community has declined sharply. These gains are significant, but their participation remains uneven across sectors. Progress in security forces, diplomacy and other key state institutions has been slower, highlighting the challenges in fully realising the Constitution's vision.

The Local Election Act 2017 has further strengthened inclusiveness at the grassroots level. The 2017 local elections marked a historic moment, not only as the first elections under federalism, but also in opening doors for Dalit women's political participation at the local government. Women have secured around 40 per cent of posts across the local units, while over 6,500 Dalit women were elected at the ward level. 

The Act has stipulated that at least two women, including Dalit women, should be mandatorily elected in each ward. This trend continued in the 2022 general elections, with women securing over 41 per cent of positions at the local level and Dalit representation steadily increasing. Most of these gains came through proportional representation, rather than direct elections, and some quotas remained vacant. 

The Constitution has also sought to promote inclusion in security agencies. Since 2012, the number of women in the Nepal Police, Nepal Army and Armed Police Force has steadily grown, though the pace of progress has been slower than that of the civil service and local government. Similarly, seven inclusion commissions have been formed to improve the socio-economic conditions of marginalised communities. Evaluating the effectiveness of these commissions is critical to ensure they fulfil their intended goals.

Representing the underprivileged and marginalised community in state mechanisms is a right step towards creating an egalitarian society. But this alone is insufficient in meeting the Constitution's lofty goals.True equality demands that all citizens have meaningful participation in decision-making bodies and fair opportunities for political leadership.

Nepal recently witnessed the Gen Z uprising that resulted in the toppling of KP Sharma Oli-led government and dissolution of the House of Representatives. A caretaker government has been formed to hold general polls in six months. This sudden political change might induce instability, posing unintended challenges in bridging the gap between constitutional promises and their realisation.

A living document 

However, the Constitution has been saved amidst the swiftly evolving upheavals. This has averted the possibility of undermining the nation's achievements in the sphere of inclusive democracy on the back of the 2015 constitution.The Constitution is a living document that provides a blueprint for attaining a lasting peace, stability, good governance, prosperity, happiness and dignity for the people. It can be amended through reasoned deliberations and due democratic process, when necessary, to remove obstacles to progress. 

The Constitution remains the most comprehensive legal framework the country has ever had. It has laid a strong foundation for inclusiveness, equality and justice. So the younger generation should recognise this legacy and focus on strengthening and building upon these achievements, rather than destroying them. Promises of representation, inclusion and social justice are not just words on paper but a lived reality for every citizen. Celebrating the statute is a moment to cherish its monumental gains and pledge further to refine it for a better and fairer governance system.

(Adhikari is a journalist at this daily.)