Coalition plan for constitutional reforms

When the Nepali Congress (NC) and the CPN-UML formed a coalition in July this year, they announced plans to review and amend the constitution, which has governed the country for a decade. This declaration not only stirred national politics but also captured the attention of external actors with a vested interest in Nepal’s constitutional framework. These international stakeholders, having invested significantly in crafting what they saw as a progressive charter, are eager to discern the nature and scope of the proposed amendments.

Domestically, the proposal has elicited a range of responses. The CPN (Maoist Center) and Madhes-based parties have warned against regressive changes, cautioning the coalition not to undermine federalism or inclusion whereas the royalist Rastriya Prajatantra Party (RPP) is optimistic that the NC and UML might align with their agenda of dismantling federal structures and reinstating Nepal as a Hindu state. Recognizing the issue's sensitivity, NC and UML leaders have taken a cautious approach, repeatedly affirming their commitment to federalism and secularism. They are wary of destabilizing the political environment and mindful that any mishandling of the amendment process could spark unrest.

After six months of deliberation, the coalition has initiated groundwork for potential amendments. Leaders emphasize that this does not signal immediate changes but rather the beginning of a meticulous and inclusive process. A task force has been established to draft a base document, incorporating input from various sectors of society and analyzing the constitution's perceived shortcomings since its promulgation in 2015. Nepal’s constitution has undergone only two amendments: the first in 2016, addressing Madhes-based parties’ demands and resolving India's blockade, and the second in 2020, incorporating Nepal’s updated political map.

Home Minister Ramesh Lekhak has clarified that the amendment process will not unfold overnight. According to him, the task force will first identify areas requiring changes before engaging other political parties for broader consultations. The primary objective, he noted, is to enhance political stability. Leaders from both the NC and UML argue that the current electoral system, which combines First-Past-the-Post (FPTP) and Proportional Representation (PR), is inherently flawed. They propose transitioning to a purely FPTP system for electing members of the House of Representatives while addressing inclusion through alternative mechanisms. This proposal has strong backing within the two ruling parties but faces stiff opposition from the Maoist Center and Madhes-based parties, who advocate for a fully proportional representation system.

Proponents of electoral reform within the NC and UML contend that the existing mixed system inhibits the likelihood of a single-party majority, perpetuating coalition governments and political instability. They argue that a streamlined electoral framework is essential for fostering governance continuity. However, achieving consensus on this issue remains a daunting task. Opposition parties have expressed deep reservations, and even within the NC and UML, some factions are cautious about pushing too hard on electoral reform without broader support.

Federalism has also emerged as a contentious topic. Within the NC and UML, voices are growing louder for a re-evaluation of Nepal’s federal structure. While senior leaders have publicly reaffirmed their commitment to the existing model, many within their ranks argue that provincial structures are inefficient and should be dismantled. They believe resources would be better allocated by strengthening local and central governments. Yet, this proposition is staunchly opposed by the Maoist Center and Madhes-based parties, who view federalism as a cornerstone of Nepal’s inclusive democratic framework.

The issue of secularism adds another layer of complexity. There appears to be a tacit agreement among key leaders—Prime Minister KP Sharma Oli, NC President Sher Bahadur Deuba and Maoist Chairman Pushpa Kamal Dahal—that the secular provision could be revisited. However, none of them is willing to openly champion this controversial change. The Bharatiya Janata Party (BJP) in India, a long-time critic of Nepal’s secular status, has reportedly lobbied for its removal. According to insiders, even Dahal has privately signaled to BJP leaders that he might support scrapping secularism if Oli and Deuba also endorse the move.

In addition to these major issues, the task force is expected to examine other constitutional provisions based on a decade of implementation. These may include judicial reforms, provisions for decentralization and mechanisms to ensure greater accountability within state institutions. The goal, according to NC General Secretary Gagan Kumar Thapa, is to address the coalition-driven nature of current governance. Thapa emphasizes that the amendments aim to pave the way for single-party governments that can function effectively for a fixed term, reducing the instability caused by frequent coalition changes.

As the NC and UML prepare to move forward, opposition parties are not sitting idle. The Maoist Center and Madhes-based parties are reportedly conducting internal deliberations to solidify their positions on constitutional amendments. They are expected to challenge the ruling coalition’s proposals, particularly on issues related to federalism, inclusion and electoral reform.

Ultimately, the success of the constitution amendment process hinges on the durability of the NC-UML coalition. Despite ideological differences, the two parties have demonstrated a pragmatic approach, focusing on maintaining their alliance. From parliamentary cooperation to task forces on governance and foreign policy, they are working to align their priorities. However, their ability to achieve meaningful reforms will depend on forging consensus with other political forces and navigating a complex web of domestic and international expectations.

Nepal’s constitution, taken as a landmark achievement in 2015, faces its most significant test yet.