Safeguard Constitution In Age Of Discontent

The Constitution of Nepal embodies the collective national covenant of the Nepali people, which was achieved through a long struggle, sacrifices and aspirations. But it presently stands at a critical juncture as its future trajectory is shrouded in uncertainties. This foundational document is now facing a crisis of legitimacy and disillusionment from the very generations that inherited it. This kind of paradox describes our contemporary political moment.

The protest movement, led by Gen Z, is both a symptom as well a signal. It is a symptom of the erosion of public trust in the entire political establishment. And concurrently, it also signals a generational aspiration to reclaim the promise of democracy in novel forms. But amidst the palpable frustration being manifested on the streets, the Gen Z cohort must recognise that the constitution is not the impediment but instead the primary institutional mechanism capable of channelling popular grievances into constructive political actions.

Constitutionalism

Nepal's constitution is not merely a political document. It functions as the living embodiment of democracy, national identity and unity.  Furthermore, constitutionalism is not merely a legal doctrine; it is a political and ethical practice. Its project is the reconciliation of diversity with unity, representation with justice, and power with restraint. But in Nepal, the constitutional text exists, but substantive constitutionalism has been eclipsed. 

The current democratic dysfunction is not attributable to a failure of the constitutional text but to a failure of constitutionalism. It is a failure to assimilate the ethos that underpins the document. Nepali political culture, therefore, is pathologically ill, which is evidenced by the reality that every institution is subservient to the partisan diktat. We have constructed the edifice of democracy but have disregarded its operational norms and values.

Within this vacuum, the discontent of the youth is not solely economic or generational. It is fundamentally constitutional. Their demands for change are not directed against the constitution but rather against the betrayal of its core tenets. At its core, the Gen Z movement constitutes a moral referendum on the culture of Nepali constitutional governance. This moment is unprecedented. 

Because this movement is sustained and built upon a moral foundation. It seeks not merely to replace one ruling elite with another, nor does it adhere to a rigid ideological dogma. Herein lies the paradox that should not be ignored. The paradox is that in the absence of a robust institutional medium for redressal, there is a significant risk that idealism may devolve into nihilism. Even though the constitution is imperfect, it remains the only structured mechanism capable of legally channelling and reforming moral outrage. The principles of accountability, transparency and good governance are inherent constitutional values. It is for the realisation of demands that are grounded in these very principles that Gen Z has mobilised. 

Therefore, the moral energy of the movement must find its expression within the constitutional framework. But to do otherwise is to risk allowing the energy of protest to destroy the core structure that holds the potential for its reforms. Safeguarding the constitution does not imply worshipping the constitution. But it is an exercise in self-discipline through the practice of reasoned deliberation and restraint. Constitutionalism, in fact, is a pedagogy of humility. It reminds us that power is not possessed but delegated, and it informs citizens that their rights are proportionate to their duties. The practice of governance is actually an art predicated on ethical boundaries.

Amidst the rising Gen Z demands, the preservation of constitutional order is more critical than ever. Their grievances must be heard within the constitutional architecture. Therefore, the Gen Z movement presents a risk as well as opportunity. The danger lies in romanticising the rebellion without a blueprint for the way forward. It misdirects the youthful energy meant for structured reforms and abandons legal process for emotional fervour. But the potential resides in the resurgence of a commitment to the constitution through the participatory engagement of a new generation.

We are now at a crossroads where the youth possess the agency to either reject the constitution or to restore it. The first option, rejection, promises change but delivers chaos masquerading as transformation. The second, restoration, steers the country towards reform that is anchored in legitimacy. Nepal does not require a new constitution again. What is required is for Gen Z to become constitutionalists. A new generation is essential in this regard because it possesses the capacity to look beyond the incompetence and frailties of an insular leadership class and to eradicate the systemic corruption and misgovernance that are deeply entrenched.

Accountability

What is imperative is not to discard the constitution, but to reanimate it. It is a call to return to its foundational principles of justice, accountability, and ethical restraint. It is crucial for the youth to enter the political arena not merely as protesters but as constitutionalists who are equipped to shape law and policy through democratic means. The function of safeguarding the constitution is a collective responsibility. 

The Gen Z movement has the potential to be the vanguard of new constitutional consciousness, which is the one that transmutes despair into deliberation and protest into progress. The constitution still holds a promise amidst the debris of political failures that Nepali democracy can be reborn, not through rebellion, but through responsibility. Working and engaging within the constitutional framework, instead of rejecting it, enables the Gen Z movement to translate more energy into legal and structural change, ensuring that the transformation is both legitimate and enduring under the rule of law.

(The author is an attorney-at-law and research scholar at the University of Delhi.)