Statute Amendment

Following the elections to the House of Representatives (HoR) on March 5, the Rastriya Swatantra Party (RSP) formed the new government with a near two-thirds majority in the Lower House. The RSP contested the elections on the planks of good governance, stability and development. The electorate, fed up with the governments of old parties, handed a sweeping mandate to the RSP, which is in a strong position to carry out drastic legal and constitutional reforms. During its poll campaign, the party floated the agenda of a directly elected chief executive, reforms in the provincial structure, and non-partisan local governance.  It had stood against the provinces during the general elections in 2022, but now it has sought reforms in the provincial structures, indicating that it has fully embraced the three-tier federal set-up as provided in the constitution. 

It is common practice to amend the constitution to address emerging social, political and legal dynamics in the country. There is a political and legal understanding that Nepal’s constitution should be reviewed every 10 years. Accordingly, the Nepali Congress and the CPN-UML agreed to review the provisions related to the electoral system and federal structures to ensure political stability. The statute amendment was one of the key points of their deal to form their coalition government, which collapsed during the Gen-Z movement of September last year. However, the two parties never seriously pursued this, as they lacked the required strength in the parliament. The Nepal Law Commission was assigned to conduct studies for this review by forming a study committee. Two months ago, the Commission briefed former Prime Minister Sushila Karki on the ongoing constitutional revision. However, it has not made public the details of the study. According to Article 274, the constitution can be amended through a two-thirds majority of the parliament. 

Now, the government under Prime Minister Balendra Shah has formed a task force led by Ashim Shah, who also serves as the Prime Minister's political advisor, with the aim of amending the statute. The task force will include representatives from other parties. The RSP is short of two seats needed to secure a two-thirds majority in the HoR, and has no representatives in the National Assembly. Therefore, a broader consensus is required to amend the national charter. Failure to muster the support of all stakeholders will invite unnecessary conflict in society. Prior to the March election, the political leaders and experts argued that the mixed electoral system did not allow any party to secure a majority in the parliament, let alone a two-thirds majority. The NC and UML were even ready to reform it. However, the RSP's resounding victory has proved this logic wrong.  The people gave a huge mandate to it so that the country could see stability. Now, the statute amendment process can move smoothly under the Shah administration. 

The political parties may agree on the directly elected prime minister, since this agenda has also been approved by the voters through the polls. The RSP not only vigorously raised it but also went to the polls by declaring Shah as its prime ministerial candidate. The NC and UML also followed suit. Although the NC has opposed the idea of directly elected Prime Minister, the UML may support this agenda, while the Nepali Communist Party has been strongly supporting it since it joined the peaceful politics in 2006. However, without a broader consensus among all political forces, the task of amending the constitution cannot be accomplished.