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The world celebrated the International Day of Clean Air for Blue Skies on Sept 7. Yet, nearly 99 percent of the global population breathes polluted air. According to the United Nations Environment Program (UNEP), air pollution causes approximately seven million premature deaths annually, making it the leading environmental threat to human health and one of the top preventable causes of death and disease worldwide.

Air pollution doesn’t respect borders—it travels great distances and worsens environmental degradation, economic strain, and social inequalities. Vulnerable groups like children and the elderly are disproportionately affected, and ecosystems suffer severe damage. Many pollutants also drive the climate crisis, meaning that improving air quality can contribute significantly to climate change mitigation.

A 2019 World Bank report estimated the global cost of air pollution-related health damage at a staggering $81trn, accounting for 6.1 percent of the world's GDP. However, in Nepal, the right to breathe clean air is enshrined in our Constitution. Article 30 guarantees every citizen's right to a clean environment, stating that individuals have the right to live in a healthy and clean environment and that polluters must compensate those harmed by environmental degradation.

Yet, this same article includes a clause allowing legal provisions to balance environmental protection with development for the sake of national growth. While this enables industries and infrastructure projects, it has also been used to manipulate laws in favor of vested interests, often at the expense of the environment and public health.

In cities like Kathmandu, where air pollution is a chronic issue due to dense populations and heavy traffic, public health is severely compromised. Numerous reports show that prolonged exposure to hazardous air quality has forced residents to sacrifice their health, economic opportunities, education, and overall well-being. As the monsoon season ends, air pollution in Kathmandu worsens, leaving residents struggling for fresh air—a fundamental right recognized by our Constitution.

It is critical that we assert this constitutional right to clean air, which is being undermined by pollution. While many human rights defenders and organizations are working to safeguard environmental health, it is time for us to collectively recognize the violation of our basic rights and take decisive action to prevent further deprivation of clean air.

Amid several global crises, now is the moment to ensure air pollution does not become another overwhelming threat. Governments, INGOs, NGOs, industries, and individuals must unite to promote stricter environmental regulations, support green energy, and reduce vehicular emissions. By implementing these measures, we can ensure cleaner air for ourselves and future generations. Moreover, we must leverage technology, knowledge, and innovation to create sustainable solutions that preserve air quality and safeguard our health for the long term.

Whether in power or not, KP Sharma Oli remains a figure of public interest and discourse. In Nepali political arena, where leaders come and go, Oli has managed to establish a lasting presence. A leader, by definition, is someone who leads society, shaping its politics and future. Politics, in turn, is a reflection of society’s aspirations, mixed with challenges and values. The role of a leader is to crystallize these elements and offer a path forward. But why are some leaders more capable and influential than others? The answer lies in the unique qualities they bring to the table—qualities that resonate with society at large.

KP Oli is one such leader who has carved out a distinct identity amid the often chaotic nature of Nepali politics. Unlike many of his contemporaries and the newer entrants into the political arena, Oli possesses qualities that have set him apart. 

One of Oli’s most remarkable traits is his intellectual curiosity and love for reading. He is known to be an avid reader, someone who not only reads a wide range of books but also internalizes and interprets their content. This habit of deep reading and reflection has allowed him to develop a broad understanding of both society and politics. 

Oli’s library is often described as the secret behind his vision. It is here that he immerses himself in works of philosophy, science, history and more, drawing connections between these disciplines and the political challenges facing Nepal. His ability to anticipate future trends and challenges—an attribute that has earned him the title of a visionary leader—can be traced back to the countless hours he has spent with his books.

For Oli, reading is not a passive activity but an active engagement with ideas. He reads not only to acquire knowledge but also to apply it. This application of knowledge is evident in his speeches and decisions, where he often draws on a wide array of references, surprising even seasoned journalists and political analysts with his depth of understanding.

A recent example

A recent event at the Armed Police Force Nepal’s meeting hall in Halchowk highlighted this aspect of Oli’s personality. The occasion was the unveiling of ‘Into the Fire’, a book by Capt Rameshwor Thapa. Thapa, originally a helicopter pilot, has transitioned into a successful entrepreneur, owning multiple business ventures including the Annapurna Media Network. Yet, beyond his business ventures, Thapa is also recognized as a responsible citizen deeply committed to the political stability and development of Nepal.

During the book unveiling ceremony, Oli spoke about the importance of such contributions to society. He praised Capt Thapa for bringing forward a story that not only reflects individual experiences but also touches upon broader societal and political issues. In his speech, Oli didn’t just focus on the book’s content; he connected it to the larger narrative of Nepal’s political history, particularly the period of the Maoist insurgency, which many refer to in Nepal as ‘Maoist violence’. Capt Thapa flew helicopters during the insurgency to rescue the innocent people and brought hundreds of dead bodies, especially of security personnel shot by the Maoists.    

Oli’s appreciation extended further when he encouraged Thapa to write a second book. Oli suggested that the second book should delve deeper into political geography, offering more detailed observations about the Maoist violence and its impact on Nepali society. Oli’s suggestion was a reflection of his belief in the power of literature to shape public discourse and influence political thought.

The event also highlighted how Capt Thapa bridged political differences between UML and Congress. Capt Thapa’s role in bringing together the CPN-UML and the Nepali Congress to form a new ruling alliance under Oli’s premiership speaks for itself. 

Oli’s influence is not only confined to the political circle; it extends across generations and professions. Whether addressing a group of schoolchildren or speaking at a seminar attended by senior citizens, Oli has the ability to connect with his audience. One of the most surprising aspects of his persona is his breadth of knowledge. He speaks with authority on subjects ranging from philosophy and science to climate change and social issues. This wide-ranging expertise often leaves his audiences in awe, prompting them to fact-check his statements using modern tools like Google or ChatGPT.

Oli’s appeal across different age groups is another testament to his unique leadership style. He understands the language of children, addressing their concerns and aspirations with empathy and clarity. At the same time, he connects with senior citizens, acknowledging their wisdom and life experiences. In a world where many leaders struggle to reverberate beyond their immediate circles, Oli has managed to build a broad base of support that cuts across generational divides.

In many ways, Oli is a leader who defies conventional expectations. He is not content with merely playing the political game; he seeks to redefine the rules, challenging his contemporaries and successors alike to rise to the occasion. His intellectual rigor, combined with his practical approach to governance, has made him a brand in his own right—a leader who is not only followed but also revered.

In the tumultuous Nepali politics, Oli stands out as a figure of stability, vision and inspiration. His love for reading and deep intellectual engagement have shaped his leadership style, allowing him to anticipate challenges and craft policies that address the needs of the present while preparing for the future. Whether in power or not, Oli’s influence is felt across society, making him a true leader in every sense of the word.

Views are personal

The need for constitutional amendments arises when its provisions are found to be ambiguous. A constitution deserves to be amended for the sake of clarity and brevity. It is presumed that such amendments address societal changes and align with the expectation of the people.

The 2015 Constitution of Nepal is the first charter promulgated by the elected representatives at the Constituent Assembly. It marked a significant milestone, establishing a robust framework for federalism and inclusivity. While celebrating Constitution Day, the stakeholders could advocate for necessary amendments to strengthen the constitutional democracy, as this young republic deserves a prosperous future.

This article delves into some of the provisions that could be amended to bring about reforms and ensure greater clarity.

Fundamental rights

The fundamental rights (FR) should have enforcement value, not mere ornamental value. The rights which could be enforced in true and material sense could be recognized as FR and others could be put under Directive Principles, which are subject to economic viability of the state. 

For instance, rights of consumer, right to employment, right to food, or right to housing could be shifted to Directive Principles. Take an example of India. Initially, right to property was a fundamental right in India under Article 19(1)(f) but later in 1978 by virtue of 44th amendment it was omitted and declared a constitutional right under Article 300A.

Electoral reformation

Under the current constitutional electoral regime, every political party has the opportunity to contest the election. However, securing a clear majority remains a challenging task for any party or alliance. This difficulty impacts the effective implementation of programs and policies, which can have significant long-term consequences.  

Of the 165 electoral constituencies, there could be some reserved for marginalized communities, in line with inclusive policy. This would compel the political parties to give tickets to candidates from diverse ethnic groups within the first-past-the-post (FPTP) category. Ultimately, such a measure would promote fair representation of marginalized community members in the House of Representatives (HoR).

Moreover, the weightage for the FPTP category could be increased to 70 percent, while the proportional representation weightage could be adjusted to 30 percent. This change would ensure fair representation of underprivileged groups in the legislature and simultaneously lessen the likelihood of a hung parliament. In addition, the strength of HoR could be reduced to 205, like that of the 1990 constitution. 

Constitutional bench

The mandatory presence of Chief Justice (CJ) at the Constitutional Bench (CB) may not be appropriate, possible and practical in every given circumstance. If the CJ has a recusal in a case presented before the CB, what would be the alternative then? There would be unreasonable delays in such case proceedings. 

Article 137 could be amended and envisage that the senior-most judge at the apex court shall preside over the CB in special circumstances.

Also, the current constitutional provision, which mandates that the CB has jurisdiction over the electoral disputes relating to polls to federal parliament and state assembly elections, ought to be reconsidered. The CB has dismissed almost all the electoral dispute cases, save for Rabi Lamichhane's case where the CB had annulled Lamichhane's status as a lawmaker, citing invalid citizenship he had produced to fight the election. 

It would be better to confer the power on the High Courts to adjudicate poll disputes, for such a move would help the parties to lodge the cases in their respective provinces. It would be time and cost effective too. 

Meanwhile, there could be an amendment under Article 137, providing powers to the High Courts to test the constitutional validity of legislations drafted by local bodies and provinces both. The full-bench comprising three judges could adjudicate the matter. In India, the High Courts are entrusted with the power to judicially review the provincial laws. 

Also, the High Courts could have original jurisdiction in any disputes between local bodies within their respective provinces.  

Parliamentary hearing

The parliamentary hearing for the CJ and SC judges goes against the spirit of separation of powers. This provision represents an attack on the independence of the judiciary by political parties. Interestingly, the CJ must undergo parliamentary hearings twice: once before being appointed as judge at SC and again when being elevated to the office of CJ. This derogatory provision of Article 292 ought to be amended. 

Judicial council

The composition of the Judicial Council (JC), a powerful body responsible for the appointment, transfer and disciplinary action against judges, is deeply influenced by politics. This is because the Law Minister; an expert appointed by the President on the recommendation of the Prime Minister; and an advocate appointed by the President on the recommendation of the Bar Association constitute the majority of its members with political nature.

The JC is a five-member body that includes the CJ as Chairperson and the senior-most judge of the SC as one of its members. However, with three members having political affiliations, their majority enables political intervention to persist. To address this issue, Article 153 could be amended to reduce the influence of political interest groups in the judicial appointment process, thereby enhancing the integrity of the judiciary. One more senior judge of SC could be accommodated under the Council replacing an expert who represents the government. 

Constitutional commissions

The Commissions envisaged under the constitution don’t necessarily look similar in terms of status. There appear three different forms of Commissions with different status. Simply put, the Commissions, including Commission for the Investigation of Abuse of Authority, outlined under Part 21-26 look like constitutional commission. Under Part-27, National Women Commission, Dalit Commission and National Inclusion Commission appear as having similar status while other four commissions, including that of Madheshi Commission, look like a mere legal entity and thereby, they could be dealt under a federal law. 

The constitution provides that there shall be review of Commissions provided under Part-27 after 10 years of the enforcement of the constitution. However, if the reviews could occur every ten years, then it would ensure the commissions remain effective and relevant over the time.

The Commissions formed under Part-27 have almost similar powers and functions. They could be merged under the National Inclusion Commission and other Commissions (as envisaged under Part-27) could be established under the federal laws, if needed. This will alleviate unnecessary financial burden and streamline efforts to mainstream weaker sections.  

Civil service

The civil service of the province and local bodies should be brought within the jurisdiction of the provincial civil service. There could be amendments under Article 285(3). This will bolster administrative federalism. 

Directive principle

Article 51(j)(8) envisages that the indigenous community members would be “participated in the decision making process that concerns them”. However, the approach is different in case of Madhesi people. Article 51(j)(10) provides that special arrangements would be made for the Madheshi and backward communities for ensuring equal distribution of benefits and opportunities. The constitution does not mandate that the Madheshi and other targeted communities would be “participated in the decision making process that concerns them”.

Way forward

Since the adoption of the Constitution in 2015, it has become clear that many provisions lack clarity and brevity.  On several occasions, it appears that the words used under statute are grammatically incorrect and could be refined by experts. The provision dealing with the Judicial Committee of municipalities needs clarification, as local bodies are increasingly claiming jurisdiction comparable to regular courts. Also, an article could be added to deal with Local Court. 

The constitution is silent as to whether the consent of provinces or local bodies is required when amending the legislative powers of local government, as outlined under Schedule-VIII. The constitutional framework could declare the Vice president as the ex-officio chair of the Upper House, as is the case in India. Also, the provision relating to government formation under Article 76 is in want of amendment. The issues, which don’t have long-term importance, could be removed from directive principles.   

The constitutional amendment could be a step in the right direction toward reclaiming the original vision for Nepal, as the people deserve to live in a democratic polity that respects constitutionalism and ensures stability and the rule of law. 

The authors have been working as judicial officers with the Supreme Court of Nepal

Nobel laureate Mohammad Yunus, as the nominee of the agitating student leaders, is leading the advisory government of Bangladesh after the students uprising of July succeeded in dislodging Sheikh Hasina’s 15-year-old dictatorial government. As per the Army Chief’s advice, as reported, Hasina resigned and fled to India for her safety in the wake of violent protests. The takeover of the country has brought back a semblance of law and order in the country after a spate of revengeful activities targeted against Hasina’s supporters and the minority Hindu community. At this point in time, the Yunus government would do well to draw a roadmap for holding elections at the earliest to restore democracy, as Bangladesh has a history of frequent military interventions.

Per media reports, more than 400 agitators lost their lives since the agitation began. But a question arises: Did the Hasina government direct the army to shoot so many people? The army could have exercised restraint, as the protesters were not its enemy. Had it made its limitations known to the government, the result could have been different. If that had happened, Hasina, in all likelihood, would have been spared the trouble of fleeing the country to save her life.

With Hasina effectively out of national politics, the army has become more relevant, as without its support the interim government cannot function.     

Looking back, Bangladesh is the youngest country of South Asia created in 1972. Hitherto, it was West Pakistan, which was the creation of the partition of India in August 1947 on the ground of Muslim-majority areas. Mujibur Rahman, who achieved independence for Bangladesh with support from India, was not allowed to lead the country, as he was assassinated along with all family members except his two daughters (who were abroad) on 15 Aug 1975, the independence day of India. Ziaur Rahman, who led the military coup against Mujib, ruled the country from 1975 to 1981 after which another military General Hussain Mohammed Ershad held the reins from 1982 to 1990. 

The politics changed gradually, as Khaleda Zia, the widow of Ziaur Rahman, assumed assassinated at the hands of the Ershad group and Sheikh Hasina (in revenge of the assassination of her father and other family members), joine hands against Ershad, who paved the way for the restoration of parliamentary system. In 1991, a caretaker government held general elections through which Khaleda Zia came to power and completed her five-year term. The tradition of caretaker governments holding elections continued in 1996, 2001 and 2008. Hasina formed the government in 1996 after a poll win, only to lose power to her nemesis Khaleda in 2001. Two years after getting elected for the second time in 2009, Hasina abolished the system, sparking a strident opposition from Khaleda and her party. The relations between the two parties (Hasina’s Awami League and Zia’s Bangladesh Nationalist Party) and the two leaders got so worse that Zia and her party did not contest the 2024 general elections, after which Zia landed behind bars on charges of corruption. 

Hasina’s decision to rule the country single-handedly by ignoring, suppressing and persecuting the opposition on the charges of corruption ultimately brought about her downfall.

As Hasina appeared increasingly partisan, this shade of hers perhaps led people to believe that she was no longer a leader suitable for steering an unstable democracy, which has suffered repeated military coups. Her sudden departure from the political scene was the result of constant and concerted efforts on the part of her opponents to remove her from power. It is quite possible that the powerful elements opposing Sheikh Mujibur Rahman did not like to see his heir Hasina leading an independent and secular Bangladesh with good relations with India as the demolition of the statue of Rahman and burning of the houses of the Hindus show. 

Hasina’s autocratic rule and a strain of extremism coming from the political force under Khaleda Zia helped the situation to explode. A major reason for the agitation was the legal provision of reserving 30 percent quota for the family members of the veterans of 1971’s war of independence against Pakistan. Though morally justified during the early days of independence, the quota system had lost its relevance. Perhaps oblivious to the atrocities that their parents suffered during the struggle for independence, the new generation is fighting for a better life amid limited opportunities for employment.

What has happened in Bangladesh can happen in any other country with similar conditions. Politicians blinded by absolute power never want to give it up. They want to cling to power by hook or crook. They do not realize that a prolonged stay in positions of power makes them repulsive.  If the frustration among the youth and public despair continue for long and politicians do not take suitable measures to address this volatile situation, public outrage may erupt like a volcano in Nepal also.