Are NC and UML serious about amending the Constitution?

A key point in the seven-point agreement signed by Nepal’s two largest political parties, Nepali Congress (NC) and CPN-UML, in early July is amendments to the Constitution. However, almost two months after forming a powerful coalition, no specific details have emerged about the proposed amendments.

Both domestic and international observers are eager to know what changes NC and UML intend to make to the 2015 Constitution. It’s also unclear whether the two parties are fully aligned on the amendments. Neither NC nor UML has begun internal discussions on the specifics of the amendment. The issue of constitutional amendment carries different meanings for various political groups. The CPN (Maoist Center), which was ousted from power, has accused NC and UML of attempting to roll back the constitution's progressive provisions.

Maoist leaders, including Chairperson Pushpa Kamal Dahal, frequently claim that NC and UML want to weaken progressive elements of the Constitution. For royalist parties like Rastriya Prajatantra Party (RPP), constitutional amendment means removing the constitutional monarchy and reestablishing Nepal as a Hindu state. On the other hand, for the Maoists, amendment is about granting more rights to marginalized communities. It is up to NC and UML to initiate discussions on potential changes, though recent remarks by senior leaders hint that one major focus could be the electoral system.

Senior leaders of both NC and UML argue that the current electoral system—combining first-past-the-post (FPTP) and proportional representation (PR)—contributes to political instability, as it makes it difficult for any one party to secure a majority. However, this proposal faces opposition from Maoist, Madhesi, and smaller parties, who see any changes to the electoral system as undermining the country’s inclusive political framework. Major parties are pushing for raising the electoral threshold to limit the number of smaller parties in Parliament, while small parties argue this is a move toward a two-party system.

Currently, only the parties securing a minimum of three percent in the House of Representatives and 1.5 percent in the provincial assembly of the total valid votes under the PR category are allocated PR seats. Parties that have seats both in FPTP and PR seats are eligible to become the national party.

In the 2022 national elections, only a few parties, including NC, UML, the Maoists, and newer parties like Rastriya Swatantra Party and Janamat Party, managed to cross the three percent vote threshold required to secure PR seats. Many smaller parties, such as CPN (Unified Socialist) led by former Prime Minister Madhav Kumar Nepal, failed to meet the threshold and could not get the national party status.

There are also rumors that NC and UML want to remove secularism from the Constitution, but the parties have remained silent on the issue. Voices within NC are calling for the party to support the reinstatement of Nepal as a Hindu state through constitutional amendment. However, amending the Constitution is a complex issue. Once initiated, all political forces will likely push for their own agendas, making consensus difficult.

NC Chief Whip Shyam Ghimire emphasized the need for a common consensus among political parties. Madhes-based parties, like the Loktantrik Samajbadi Party (LSP) led by Mahantha Thakur, are closely monitoring the constitutional amendment process. LSP has formed a three-member committee under Laxman Lal Karna to consult with other parties on constitutional changes that address Madhesi issues. The committee has been tasked with the responsibility of preparing a comprehensive report on the Madhes issues they want to address by amending the Constitution.

The ruling coalition has agreed to hold all-party discussions on constitutional amendments. In a meeting on Monday, ruling party leaders, including those from NC and UML, stressed the need to amend the constitution in a way that gains broad consensus among all political parties. According to leaders, top leaders of the ruling parties are of the view that the Constitution should be amended to make it more refined and universally acceptable. Besides NC and UML, the ruling coalition also consists of Janata Samajbadi Party and Loktantrik Samajbadi Party. 

UML Chief Whip Mahesh Bartaula said that at Monday’s meeting, the parties agreed that there should be comprehensive discussions to amend the constitution. Opposition parties, especially the Maoist Center, have been accusing the NC and UML of trying to revert to the 1990 constitution through constitutional amendments. NC Chief Whip Shyam Kumar Ghimire said that the parties in the ruling coalition will push for maximum consensus from parties and stakeholders for the constitutional amendment. 

A two-thirds majority in both the House of Representatives and the National Assembly is needed to amend the Constitution. This means the ruling coalition needs to secure the support of at least 184 lawmakers in the 275-members House of Representatives. NC and UML have a combined 167 lawmakers. UML lawmaker Top Bahadur Rayamajhi is suspended, while Speaker Devraj Ghimire, who is from UML, can only vote in case of a tie. This means NC and UML need the support of 18 more lawmakers.

They plan to seek support from parties like Rastriya Prajatantra Party (14),  Janamat Party (6), Janata Samajbadi Party (5), Loktantrik Samajbadi Party (4) and Nagarik Unmukti Party (4), among others. Although the coalition looks comfortable in the lower house, the equation is not so favorable in the National Assembly. The UML-NC coalition needs the support of at least 40 members in the 59-members upper house. CPN (Maoist Center) is the largest party in the National Assembly with 17 seats, while NC and UML have 16 and 10 seats, respectively.  NC and UML need the support of 14 other lawmakers for any amendment to the constitution to pass through the upper house. Likewise, NC President Sher Bahadur Deuba also called for unity among ruling parties.