Bishnu Gautam

Six years have elapsed since the promulgation of the constitution. Over the years, many people have probably not forgotten the ordeals the Nepali people faced just before and after the promulgation of the national charter on September 20, 2015. A few forces, both internal and external, and their local agents applied every measure to foil Nepali people's attempts to promulgate the constitution written by their representatives elected to the Constituent Assembly (CA). The Kailali carnage orchestrated just weeks before the promulgation of the constitution and the economic blockade that lasted for nearly six months after its promulgation were two major unforgettable scars inflicted on Nepali people for implementing the constitution written by their own representatives.

Moreover, the eight years spent for drafting the constitution by electing two CAs in 2008 and 2013, were the most uncertain period full of political unrest. No one knew whether the CA could draft a constitution as desired by the people. But finally, it accomplished the historic task. A cherished dream of Nepali people, which they had kept for over 65 years, was realised. Smiles have lurked in the lips of the people when they saw the then President, Dr. Ram Baran Yadav promulgating the constitution live in Kathmandu and on their television sets in homes.

Suffering
Although the people, struck by the devastating 2015 earthquake, suffered a lot during the blockade imposed after the successful promulgation of the constitution, they tolerated it all, and stood together with the government and political parties, which had ushered in a new era, only because they had had the new constitution after a long wait.

As political parties having contradicting ideologies and thoughts were elected to the two Constituent Assemblies, they had to compromise on several issues so that drafting and promulgation of the national charter was possible. Thus, the constitution is a document of compromise, and it naturally has not addressed the issues of certain political forces. However, they have no option but to exercise political and other activities by abiding by the provisions of the constitution. The good aspect is that it has gradually become acceptable for all political parties although a few of them are demanding amendment to its certain provisions.

Then everyone had expected that the political parties and the people, who had struggled hard to draft the constitution, would always show respect to the spirit and letter of the constitution, because they were witnesses of the hardships the political parties and the people faced in course of drafting the main law of land. They had never thought that it would be interpreted wrongly making it a ladder to reach power.
In the first five years of the promulgation of the statute, the political parties both in the government and opposition, left no stone unturned for its implementation and safeguard. Elections were held. Federal parliament and provincial assemblies were formed through democratic elections. Even the political forces which opposed or were not happy with the promulgation of the constitution participated in the elections held as per the same constitution. Federalism was implemented. New government was formed in the centre and provincial governments in all seven provinces.

But the sixth year of its promulgation could not be that encouraging, as the people saw violations of the constitution by the previous government led by KP Sharma Oli. He not only dissolved the House of Representatives (HoR) twice in the span of six months going against the provisions of the constitution but he also exploited its loopholes with an intention of remaining in power or preventing someone from reaching power. It is not an allegation that the activities of the Oli-led government were against the constitution, the Supreme Court has already established this fact through its two separate verdicts of February 23 and July 12.
When the former Prime Minister unexpectedly dissolved the House on December 20, 2020, the people as well as the political parties, including the leaders of his ruling party, were shocked and took to the street protesting against the dissolution terming it unconstitutional. His step drew a clear demarcation between the forces standing in favour of the constitution and against it. Rallies and mass meetings were held in which Oli and people of his group defended the dissolution and others opposed it. It was unfortunate that many a leader, including the chairman of the Constituent Assembly, who had applied a lot of his strength to draft the constitution, happened to back the two unconstitutional moves, only because it was done by their party leader.

But finally, the Supreme Court termed his move unconstitutional and reinstated the House, but violation of the constitution did not stop here. The former PM continued acting going against the spirit of the constitution instead of showing respect to the verdict. He did not consider it necessary to show his majority in the House, not to talk about stepping down on moral ground. He appointed non-lawmakers to the post of Ministers, prompting the court to correct it. The House was sojourned abruptly without consulting with the Speaker.

Dark night
He again dissolved it on May 22. The anti-constitutional activities of the night of May 21, involving the then Prime Minister Oli and his men to prevent Sher Bahadur Deuba from becoming the Prime Minister, will be probably remembered as a 'dark night' in the constitutional history of country. However, the Supreme Court corrected it again, with a clear interpretation of the provisions relating to the formation of the government and dissolution of the HoR. The Supreme Court verdict of July 12 is thus a milestone in safeguarding the constitution.

Indeed, safeguarding and abiding by the constitution are duties of all political forces and people. But in Nepal, the political parties and their leaders often tend to interpret even the constitution according to their convenience, which confuses the masses. The leaders should now shun such acts. If the political forces conduct their activities according to the constitution, if the parliament is allowed to do its businesses of making laws independently, and if other constitutional bodies are formed and act as per the spirit and letter of the constitution, only then the objectives of the constitution as provisioned in Article 4 could be achieved. Hope the Constitution Day will inspire all of us to work to meet the aspirations of the people for development and prosperity.

(Gautam is the Deputy Executive Editor of this daily.)