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People create laws and constitutions for themselves, then execute, implement and follow these laws as part of their civic duty. This process is common across the globe. The only times when individuals are exempt from following the law are at birth and at death. Otherwise, throughout their lives, people must abide by the law to maintain order and be seen as living a disciplined life.

As social creatures, humans naturally form communities and live among others. This need for social connection underscores the importance of fostering brotherhood and maintaining cordial relationships with one another. It’s through these positive interactions that harmony is created and sustained in society.

In today’s society, however, it’s apparent that many people, politicians and political parties often do not follow the rules and laws they are supposed to uphold. This lack of adherence to the rule of law has led to a breakdown in social harmony and an environment where breaches of legal and ethical standards are common. The authorities frequently enjoy absolute impunity for violating both political and economic rights, undermining the principle of justice that should be central to governance.

This disregard for the rule of law has contributed to growing social and religious conflicts. When those in power are not held accountable, it creates an atmosphere of mistrust and division among the people. Without a consistent enforcement of the law, the development and stability of society and the country are at risk. To move forward, it’s crucial that laws are respected and applied evenly, without favoritism or corruption, ensuring that everyone is subject to the same legal standards. This is the only way to rebuild trust, promote social harmony and foster sustainable development.

To address these issues, laws are needed to combat false accusations, rumors and hate speech. While Nepal has laws and regulations in place for these matters, they are not sufficiently strict, allowing people and political leaders to engage in character assassination with impunity.

Lawmakers in parliament must set an example through their conduct and language, presenting their opinions with discipline and respect. Since they represent the people of an entire nation, they should model behavior that is appropriate and considerate. It’s crucial to define the acceptable boundaries and types of language used when criticizing others. Even when someone is guilty of wrongdoing, there are other ways to hold them accountable without resorting to hate speech or personal attacks. The same applies for the bureaucrats.

Stronger enforcement of existing laws and the establishment of clear guidelines on acceptable discourse in public forums can help prevent the spread of harmful rhetoric and promote a more respectful and constructive political environment. Hate speech should never be tolerated, and strict measures must be taken to discourage and penalize those who engage in it.

The behavior and speech patterns of a country’s people reflect the nation’s culture and level of civilization. If we neglect to address these aspects, how can we cultivate a healthy culture and civilization? This disregard for cultural development will prevent the country from progressing in a positive direction.

Currently, the nation is engulfed in confusion because we struggle to discern who is telling the truth and who isn’t. Even those we consider our protectors and leaders often fail to be truthful, creating further uncertainty.

To address this issue, we need laws that promote honesty and respect for others. Anyone who spreads falsehoods or incites hate should face consequences, regardless of their position. This should apply universally, whether the individual is an ordinary citizen, a politician, a bureaucrat, or even a judge. If someone engages in spreading misinformation or hatred, they must be held accountable and face appropriate punishment.

In addition, it’s crucial to scrutinize the integrity of lawyers as they present their cases in court. Legal professionals should be held accountable for the accuracy of the facts they submit during trials. This ensures that justice is based on truth and prevents manipulation or distortion of evidence.

Furthermore, court verdicts should also undergo rigorous examination to ensure that decisions are fair, unbiased and founded on accurate information. Every part of the judicial process must be rooted in honesty to maintain public trust in the legal system.

Ultimately, the commitment to truth should extend across all areas of society. No matter who you are or what role you play, practicing honesty and promoting integrity are essential for building a just and ethical community.

The media plays a pivotal role in disseminating information, which means it must be held to high standards of accuracy and responsibility. Given that misinformation and disinformation are significant threats on a global scale, media organizations must be checked to ensure they are not contributing to these problems.

Nepal should strive to become a land where truth is valued and upheld in all aspects of society.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades

Recently, the Supreme Court Bar Association (SCBA) marked its 50th anniversary with an event hosted at the Everest Hotel in Baneshwar. The commemoration, however, came with certain participation requirements set by the organizing committee, including a compulsory entry fee of Rs 2,500 per person and the obligatory wearing of an ID card throughout the event.

This meticulous approach regulating entry may have been intended to ensure that only those who had duly paid the fees and were legitimate members of SCBA were granted access.

At present, the Supreme Court Bar boasts an impressive roster of over 700 registered members. Despite this substantial membership base, the event witnessed a notably modest turnout, with fewer than 250 members in attendance, signaling a proportionately low participation rate.

In reflecting on the Golden Jubilee of the Bar, one cannot help but ponder on potential avenues that could have been explored to augment accessibility and inclusivity for all members. An alternative approach might have been the reduction or complete elimination of entry fees, thereby allowing every member, regardless of financial constraints, to actively engage in the celebratory occasion.

The organizing committee could have also contemplated collecting fees under different titles at a later stage to mitigate the impact on immediate financial burdens. Regrettably, the adherence to stringent fee restrictions resulted in a substantial majority of the Bar’s members being unable to participate in this historically significant event, leading to widespread disappointment among the legal community.

Also, within the legal profession, it is imperative to uphold certain practices that foster an environment devoid of discrimination. Regardless of one’s age, level of experience, or seniority, it is incumbent upon Bar members to extend equal respect and salutations to their peers. This principle is not only a matter of professional courtesy but also contributes to the overall harmonious functioning of the legal fraternity.

Notably, the courtroom serves as a microcosm of this ethos, where judges and fellow advocates alike bestow equal respect upon each other. This mutual regard not only exemplifies the nobility of the legal profession but also underscores the shared commitment to justice and fairness. It is this egalitarian approach that enhances the professional camaraderie and upholds the dignity of the legal practice.

Bar vs Bench

However, despite these commendable aspects, a discernible gap and tension have begun to surface between the Bar and the Bench. This development is less than ideal for a seamless functioning of the legal system. Addressing and mitigating these emerging conflicts should be a priority, as they threaten to undermine the very essence of a profession built on principles of justice, integrity and mutual respect. Nurturing a collaborative and cooperative relationship between the Bar and the Bench is essential to preserve the beauty and efficacy of the legal profession in its entirety.

Numerous decisions emanating from SCBA and the comprehensive pronouncements of the Supreme Court’s full bench have inadvertently given rise to a discernible gap between the Bar and the Bench. The continuation of these divisions holds the potential to foster discrimination between judges and advocates, thereby casting an unfavorable shadow upon the legal community as a whole. The symbiotic relationship between the Bar and the Bench risks being marred by these persistent gaps, ultimately affecting the harmony that should ideally characterize both communities.

Even during significant events organized by the Bar, such as the Golden Jubilee celebration program, instances of discrimination have been observed. The placement of senior members in the front rows and juniors relegated to the back rows during such events has raised eyebrows among Bar members. This practice, far from being well-received, has contributed to a growing sense of discrimination within the legal fraternity.

In recent years, the leadership of the Bar has faced challenges marked by a perceived lack of strength and professionalism. The prevalence of political appointments occupying leadership positions has overshadowed the appointment of individuals with a strong professional background. The presence of opportunistic leaders has made it arduous for the Bar to function cohesively. Consequently, this leadership vacuum has not only affected the Bar’s internal dynamics but has also become a source of discord, as the Bench and Court leadership have, in turn, started displaying discriminatory tendencies towards the Bar.

It is imperative for the Bar to reassess its leadership selection process and prioritize individuals of high moral standing and unwavering commitment to the legal profession. A leadership characterized by ethical values and a genuine dedication to the legal field will undoubtedly fortify the Bar and contribute to its strength. The same principle holds true for the Bench, emphasizing the need for ethical and dedicated individuals in leadership positions to maintain the delicate balance between the Bar and the Bench, ensuring a harmonious and equitable legal community.

The author, a member of the Supreme Court Bar, has been practicing corporate law for around three decades

Lok Raj Baral’s ‘Nepal: From Monarchy to Republic’ is a highly recommended read for everyone. Baral skillfully divides the book into chapters such as ‘The Native Construction of a Nation State’, ‘The Rise and Fall of Monarchy’, ‘Parties and Problems’, ‘Institutional Crisis of Governance’, ‘Problem of Democratization’, ‘Economics of Governance’, ‘Geopolitical Dimensions and Change’, and ‘Conclusion’.

Within the ‘Parties and Problems’ chapter, Baral adeptly elucidates the chronological progression from historical backgrounds to the current situation. His thorough exploration makes this chapter particularly engaging for theorists. However, in practical terms, some aspects might encounter limitations. There exists a disparity between understanding and experience—what one comprehends versus what one witnesses and encounters. I observed similar disparities between understanding and experiencing while reading this book. For instance, the key problems of Nepali political parties and leaders have not been mentioned in the chapter which will create problems for the upcoming generations to understand and find solutions.

In the chapter ‘Institutional Crisis and Governance’, Baral adeptly explores the insights of American political scientist Lucian W Pye and his four principal sources. It’s an important and highly recommended read. Additionally, the chapter delves into the controversy surrounding Rookmangud Katawal and Prime Minister Pushpa Kamal Dahal. However, despite its significance, I found that it still lacked a complete understanding and experience in grasping certain aspects of this chapter.

Entitled as it is, Baral delves into a comprehensive exploration and analysis of Nepal’s political parties and system, spanning from historical contexts to contemporary developments. Additionally, he lightly touches upon the country’s geopolitical relationships with neighboring nations.

Baral, a prominent theorist within the Nepali political sphere, has produced a highly commendable book that is a must-read for anyone interested in politics and seeking a deeper understanding of Nepali political dynamics. Within its pages, Baral adeptly elucidates and provides solutions for the country’s political landscape, drawing references from diverse national and international case studies.

What I saw in the book launch event:

• I wasn’t invited by the author or the publisher, however, upon the recommendation of one of the invitees, my friend Prem Kantha Makaju, I attended the book launch ceremony of Lok Raj Baral’s ‘Nepal: From Monarchy to Republic’ in Kathmandu on Nov 6. Former President Ram Baran Yadav graced the occasion as the chief guest.
• At the podium, Baral’s students and well-wishers were present, while in the audience, Daman Nath Dhungana, Dr Mohan Prasad Lohani, and Kedar Bhakta Mathema among others were in attendance. 
• The audience murmured that it would have been better if these personalities had been offered a seat at the podium and given a few minutes to share their remarks.
• Only those who spoke positively about Baral were on the podium to share their thoughts; critical analysis was notably absent from their speeches.
• Economist and MP from Rastriya Swatantra Party Swarnim Wagle was noticeably held in high regard by Baral.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades

“Just days ago, I was on the melting ice of Antarctica. Not long before, I was among the melting glaciers of Nepal. These two spots are far in distance, but united in crisis. Polar ice and glaciers are vanishing before our eyes, causing havoc the world over: from landslides and floods, to rising seas...” This is what United Nations Secretary-General Antonio Guterres said to the world leaders during the opening of the Global climate change conference, COP28.

His acknowledgment of Nepal’s problems resulting from climate change is noteworthy.

During his visit to Nepal, he journeyed to the Sagarmatha Base Camp, Annapurna Base Camp, and the birthplace of Shakyamuni Buddha, Lumbini. This illustrates his profound affection for Nepal and its people.

Guterres also participated in a high-level roundtable discussion titled ‘Call of mountains: Who saves us from the climate crisis’, organized by Nepal and chaired by Prime Minister Pushpa Kamal Dahal. During the session, he expressed his concern, stating, “It is profoundly alarming to witness the rapid melting of Nepal’s mountains. Hearing firsthand from local communities about the devastating impact on their lives is deeply distressing.”

Furthermore, he emphasized, “Nepal, alongside other vulnerable mountainous nations, bears the brunt of a crisis not of their making. Over just 30 years, the country has lost nearly a third of its ice, a direct consequence of greenhouse gas pollution warming our planet. This loss results in swollen lakes and rivers that flood, washing away entire communities.”

Guterres’ statements signify his sensitivity to the issues facing Nepal and other mountainous countries. He urged developed nations to extend support to countries like Nepal through climate funds and the pursuit of climate justice. This recognition marks a significant milestone for Nepal on the global stage.

There has long been a debate regarding the relevance of the UN due to its perceived failure to intervene effectively. However, on Dec 8, Secretary-General Guterres invoked Article 99—a rarely utilized clause in the UN Charter—to caution the Security Council about the escalating situation between Israel and Hamas, highlighting its potential threat to international peace and security.

In a letter addressed to the 15-nation council, Guterres cited the “appalling human suffering, physical destruction and collective trauma across Israel and the Occupied Palestinian Territory” as grounds for invoking Article 99. This marked the first time in his nearly seven-year tenure that he utilized this crisis-oriented provision. The last explicit invocation of Article 99 was in 1971, amid the war leading to the creation of Bangladesh and its separation from Pakistan.

Guterres’ action underscores the UN’s capacity to intervene in humanitarian crises, reaffirming the significance of its existence. It showcases a leadership dedicated to upholding human rights and humanity in crisis situations.

The developed nations, being major funders of the UN, often have their specific reservations and expectations from the UN and its leadership. In numerous instances, past UN leaderships have aligned with the directives of developed nations. However, Guterres has demonstrated a commendable balance and timely intervention, navigating between various interests and perspectives.

He has managed a delicate equilibrium, considering the concerns and expectations of developed nations while making independent and appropriate interventions when necessary. Guterres’ ability to uphold the UN’s integrity while taking decisive action when called for signifies a balanced and nuanced approach to leadership within the international organization. Hence, it has helped to make the UN stay relevant even in a fast-changing world.

The author, a member of the Supreme Court Bar, has been practicing corporate law for around three decades

Nepal has a wealth of skilled individuals in its banking sector, but it’s not without challenges. One prominent issue is the centralization of Nepali banks in urban areas, overlooking the essential development of banking services in rural settings. This disparity in focus has contributed to a substantial imbalance in financial accessibility across the country. Moreover, rather than investing in production-driven enterprises, Nepali banks tend to divert their resources into endeavors that promise quick profits, such as trade, real estate, automobiles, tourism, and various service sectors. Unfortunately, there’s been a lack of effective regulation by the government in controlling these investment tendencies. Complicating matters further, certain investors are involved in both banking and trading activities, leading to conflicts of interest within the financial landscape. These problems have arisen due to the absence of clear directives from political leadership, ultimately impacting both the banking sector and the country’s overall economy negatively.

Despite these challenges, Nepal’s banking regulatory body, Nepal Rastra Bank (NRB), has played a crucial role in enhancing the Nepali banking system. The guidance and oversight provided by global financial institutions like the World Bank and the International Monetary Fund (IMF) have contributed to NRB’s improvements, ensuring better practices within the sector.

The insurance industry in Nepal, though relatively young, was initially established to offer support to banks. Even today, it maintains a closely intertwined relationship with banking institutions. The performance of insurance companies heavily relies on the health of the banking sector; any decline in banking activities typically leads to a downturn in the insurance business. Despite the expansion of the insurance industry, with over 40 life and general insurance companies operating in Nepal, their performance is not meeting optimistic expectations. Economic indicators paint a grim picture, suggesting that Nepal is already in the throes of a crisis. 

Consequently, there’s a growing sentiment advocating for the downsizing of banks and insurance companies. It’s believed that the government needs to formulate comprehensive strategies to combat this economic downturn, ensuring the sustenance of all citizens. Criticism has been directed at Nepal’s bureaucratic system, claiming that laws and policies are often crafted to serve the interests of bureaucrats rather than the public. Many laws in Nepal are borrowed from foreign jurisdictions and lack a local context, such as the extensive and ambiguous nature of the Income Tax Act, which inhibits revenue generation.

For a more robust and inclusive revenue collection framework that involves every Nepali citizen, there’s a need for tax laws and provisions that encourage compliance. It’s essential for legislation to reflect public demands and for substantial restructuring within sectors like banking, insurance, security markets and corporations. Moreover, the leadership within these organizations needs to comprise experts in the respective fields to navigate the complexities effectively.

The labor landscape in Nepal is a cause for concern, characterized by numerous daily wage workers grappling with inadequate compensation. The prevailing situation often leaves workers struggling to make the ends meet. To address this, the government should conduct studies to determine the minimum income required for a decent standard of living and ensure strict adherence to a minimum wage cap. Regular updates to this cap are necessary to counter the effects of inflation. Additionally, maintaining an updated database of employed and unemployed individuals is imperative, allowing the government to create employment opportunities and provide financial support to non-working age groups.

Legal disputes in banking, such as conflicts between banks and borrowers, revenue-related issues, and trade disputes, have seen a notable surge, primarily due to the prevailing economic downturn. Entrepreneurs are facing challenges in repaying loans due to the stagnancy in their businesses. Financial literacy, however, has witnessed growth in Nepal, partially owing to the 2015 Constitution mandating banks and financial institutions to establish branches in local governments. This initiative aimed to spread financial awareness and education about savings, deposits, and withdrawals among the populace. Nevertheless, banks still need to play a more significant role in fostering entrepreneurship and supporting various business ventures to generate employment opportunities across the country.

Addressing these issues is feasible if political leadership takes proactive measures and shows accountability. Despite the ongoing crisis, there’s a noticeable lack of urgency from the government and concerned entities to resolve these pressing matters. The solution lies in the government rectifying its approaches, fostering a conducive environment for entrepreneurship, seeking guidance from experts and learning from the successes of neighboring robust economies. Moreover, bureaucracy in Nepal needs reform; the prevalent sense of superiority among bureaucrats needs correction to enhance their work ethic and conduct.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades

The International Bar Association (IBA) stands as a venerable institution that has indelibly influenced the global legal landscape since its establishment in 1947. This organization, with a mission rooted in the preservation and advancement of the rule of law on a worldwide scale, serves as a unifying force for legal practitioners, bar associations and law societies across the globe.

The IBA has traversed a remarkable journey over the past 75 years, evolving from an association primarily of bar associations and law societies to one that now includes individual international lawyers and entire law firms as active members. Today, it boasts an extensive and diverse membership of over 80,000 individual lawyers representing some of the world’s most prominent law firms. Additionally, it includes approximately 190 bar associations and law societies spanning across more than 170 countries.

Chief strength of the IBA lies in its extensive expertise and the support it extends to the global legal community. Through its vast and diverse membership base, IBA wields significant influence in shaping international legal reforms and the future of the legal profession on a global scale. This influence permeates not only policy development but also the broader legal discourse, shaping the legal world’s trajectory.

My engagement with IBA’s programs over the past decade attests to my unwavering commitment to personal and professional growth in the legal field. These initiatives encompass a broad spectrum of activities, including seminars, conferences, workshops and potentially educational courses, all designed to enrich the knowledge and skills of legal practitioners.

The cornerstone of IBA’s seminars and conferences is to provide a profound academic dimension to the lives of professional lawyers. This dimension is vital, as it forms the basis on which their legal expertise is built. Lawyers are not just practitioners of the law; they are also highly academic individuals, who need to possess a deep understanding of the legal theories, principles and doctrines that underpin their practice.

Legal landscape is a dynamic realm where IBA has emerged as a pivotal institution, serving as a beacon of educational enlightenment for legal professionals. The IBA’s seminars and conferences are thoughtfully designed and meticulously curated to cater to the unique academic and intellectual needs of lawyers. These events offer a platform for the exchange of knowledge, ideas, and experiences, bringing together legal experts, scholars and practitioners from around the world.

Recently, IBA concluded its annual conference for 2023 in Paris. However, there are areas where IBA can improve and continue to be a trailblazer in the legal community.

IBA functions as a mediator in numerous international disputes, amplifying its influence on a global scale. The question that naturally arises is: Why doesn’t the association further leverage its considerable influence?

I would like to ask IBA President Almudena Arpón de Mendívil Aldama to enhance the experience of its members in several significant ways. Firstly, IBA can provide its members with tools that evoke a sense of pride and recognition within the association. This might include the issuance of official ID cards or badges, which not only serve as symbols of membership but also make members more easily recognizable at IBA events, fostering a stronger sense of community and facilitating networking.

Furthermore, there is a pressing issue concerning IBA members, who encounter challenges when attempting to secure visas for international travel, especially for attending IBA conferences. It is disheartening to witness instances where members have permission to attend these prestigious events, but bureaucratic visa procedures in host nations stand as insurmountable barriers. The IBA could leverage its diplomatic influence and efforts to facilitate the visa application process for its members, ensuring their seamless participation in IBA conferences and global legal discussions.

IBA can further contribute to the professional growth of its members by assisting those who wish to pursue additional courses from international universities. This could involve forging partnerships with universities, securing scholarships or tuition discounts and offering guidance to members on selecting suitable courses to enhance their legal expertise. Lawyers and legal professionals require continuous academic growth and professional development to navigate the complexities of the legal landscape effectively. IBA can facilitate this by offering high-quality educational programs, legal resources and platforms for knowledge sharing.

The question of whether the IBA should incline toward commercialization or steadfastly uphold its core values is a matter of considerable importance. Presently, there is a perception among some members that IBA might be straying from its original purpose. This concern arises from the observation that the association imposes substantial membership fees, with a significant portion of these funds seemingly directed toward what some consider extravagant expenditures, such as organizing events in luxury hotels and incurring excessive expenses for participants.

IBA should also broaden its perspective to encompass social and human rights issues. The legal profession holds a pivotal role in advocating for justice and human rights, and the IBA, with its global reach, can be a significant force for positive change in this regard. By actively engaging with social and human rights causes, it can fulfill its broader responsibilities to society.

Hence, the leadership of the IBA should play a crucial role in steering the organization in the right direction. It should consider the concerns of its members and work collaboratively to ensure that the association’s resources are used wisely and in alignment with its core values.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades. He is also a personal member of IBA

Since the provincial assembly elections on December 26, 2022, Koshi has witnessed a series of changes in leadership. Hikmat Karki from the CPN-UML and Uddhav Thapa from the Nepali Congress both took turns as chief minister within a short period. However, their administrations fell as they failed to win a vote of confidence.

Presently, Kedar Karki, aligned with Nepali Congress’ anti-establishment faction, has been sworn in as the chief minister of Koshi province, succeeding Parshuram Khapung, the province chief, in compliance with Article 168 of the Constitution. He secured his position on Saturday with the backing of 47 members of the Province Assembly. Karki, known for his proximity to NC leader Shekhar Koirala, managed to clinch the chief ministership with the support of 39 PA members from CPN-UML and eight PA members from the NC, despite opposition from the coalition government at the Center against a new coalition in Koshi.

Currently, Koshi has sidestepped the need for midterm elections. However, the political turmoil unfolding in Koshi since the Nov 2022 polls is a glaring example of the avarice within the Nepali political fraternity. It unequivocally reflects how the country’s precarious state in every aspect can be attributed to the actions of politicians. These political leaders demonstrate an inability to govern the country in an organized manner and adhere to the constitutional framework. Because of these politicians, the constitution has become nothing but an ordinary paper.

In the past, Nepal maintained a cohesive foreign policy that garnered respect. However, this approach was disregarded by politicians, and they have struggled to formulate a coherent replacement. Our political leaders express divergent views on the national foreign policy. Even the same politicians present varying stances in different gatherings and platforms. For instance, when visiting the US, they endorse the Indo-Pacific Strategy (IPS) and the Millennium Challenge Corporation (MCC). Conversely, during visits to China, they show appreciation for the Belt and Road Initiative (BRI). Their positions are contradictory.

Nepal has sufficient natural, human, financial and infrastructural resources that can be utilized or managed effectively to enhance the country’s economic, social and overall development. These resources include minerals, water resources, agricultural land, skilled workforce, tourism potential and more. With proper planning, utilization and management of these resources, Nepal can achieve growth, improve living standards and enhance its overall prosperity. But a failed leadership has kept the country in a mess.

Despite operating within a multi-party system, Nepal is increasingly trending toward an autocratic and a single-party rule due to the prevalent practice of forming coalitions. Consequently, this trend has diminished parliamentary competitiveness. The present ruling coalition perceives itself as beyond the bounds of the Constitution and has engaged in numerous actions that surpass the confines of the legal framework.

Even neighboring countries have not extended us significant help in maintaining peace, prosperity and fostering development. It's evident that they prioritize actions that align with their own interests, and it is our responsibility to ensure our own well-being. 

At present, the Nepali Congress holds a pivotal position in the Parliament. It should ideally lead the country, but the current leadership of the party appears to lack a clear direction. They have struggled to maintain the traditional essence and values of the party. Given the state of Nepali political parties, our parliamentary system is at the risk of faltering.

There is an urgent need for a strong leadership within the Nepali Congress. As the largest democratic party in Nepal, it’s vital for the party to function effectively and set a proper course. This would not only benefit the party but also contribute positively to the national political landscape.

What if political parties, especially the Congress, fail to deliver? Such failure could lead the country toward another wave of political change, something we have been witnessing over the decades. 

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades

Constitutional experts, legal professionals, and students of constitutional law have consistently emphasized that the Constitution of Nepal 2015 was rushed and lacked the necessary time, thorough deliberation, and extensive discussions during its drafting and promulgation. Consequently, it required subsequent amendments, with the first set of revisions made just four months after its promulgation.

Nevertheless, it’s essential to recognize that a constitution is a living document, subject to modifications as societal needs and circumstances evolve over time. In order to ensure its effective functioning and broader acceptance, amendments become a necessary step.

However, it is crucial to approach any constitutional amendments in a manner that aligns with the fundamental principles of the constitution itself. Deviating from these principles can disrupt the constitutional framework and put the entire system at risk.

It is imperative to understand that no one is exempt from the authority of the constitution, and this responsibility extends to every citizen of Nepal. Safeguarding the constitution is a collective duty that falls upon all shoulders, from laymen to politicians. 

The constitution stipulates that in order for it to operate effectively, existing laws and acts must be regularly reviewed, modified, and supplemented. However, necessary legal revisions have not been undertaken. Take, for example, Part 3 of the constitution, which outlines Fundamental Rights and Duties and comprises 33 articles. It expressly states that the Parliament is responsible for enacting legislation to enforce these fundamental rights, yet no such laws have been enacted. This issue is pervasive throughout various sections of the constitution. Despite the nation celebrating the ninth Constitution Day, it is evident that the constitution has not been adequately put into practice.

The ruling coalition appears to be asserting authority above and beyond the constitution itself. Their decisions during meetings are treated as the final word, regardless of legal stipulations. A clear example of this is when the Supreme Court opened a way for an investigation against former Prime Ministers Madhav Kumar Nepal and Baburam Bhattarai regarding their involvement in the Lalita Niwas land-grab. But the ruling coalition decided that such a probe was unnecessary, contending that the former PMs were not culpable. It is the responsibility of the Central Investigation Bureau (CIB) of Nepal Police to conduct the investigation and the court responsibility to determine guilt or innocence. As a result of the ruling coalition’s decision, despite the apex court’s ruling, no case was filed against them, and even the investigators involved were transferred, in accordance with the coalition’s directives. This demonstrates the governments and political parties’ apparent disregard for established legal procedures.

On Aug 22, President Ram Chandra Paudel called a meeting of representatives from all political parties to address the deadlock in the federal parliament. Has the constitution given the president the right to call an all-party meeting with specific agendas? No. President, being the protector of the constitution, didn’t follow it. Was there any national emergency that the president had to get mobilized for a national consensus? No. Or, the president should have justified his move.

According to Sub-article (2) of Article (1) in Part 1 of the constitution, it is the duty of every person to uphold the constitution. Additionally, Article 48 in Part 3 outlines the duties of citizens. The duties, according to our constitution, are: (a) To safeguard the nationality, sovereignty and integrity of Nepal, while being loyal to the nation; (b) To abide by the Constitution and law; (c) To render compulsory service as and when the state so requires; (d) To protect and preserve public property.

However, it raises concerns as to why the prominent leaders of the government and other political factions are not adhering to these constitutional duties and are seemingly disregarding the constitution. Is the constitution meant solely for citizens to adhere to?

Therefore, if the parliament had enacted laws clearly defining the rights and obligations of citizens, government officials, ministers and political leaders, it could have significantly reduced the issue of not adhering to the constitution.

Isn’t it pathetic that those political parties and leaders who drove the citizens for a new political system and new constitution, are not following it?

The prevailing competition among various parties and individuals in disregarding the constitution has led the public to question its durability. These actions are undermining the longevity of the constitution, prompting people to contemplate alternative options to this constitutional and political system, which definitely is not a good sign for anyone.

On the occasion of Constitution Day, I urge all individuals, organizations, political parties and the government to adhere to the constitution. It’s high time to grasp the significance of upholding the charter.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades