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Prime Minister KP Sharma Oli has said that it would be an utter dishonesty to breach constitutional norms even after taking oath as per the same Constitution.

Addressing the inaugural session of the first series of 'Himalayan Dialogue' organized by Foreign Affairs Media today, PM Oli said Nepal was lagging behind in development due to the past feudalistic rule and they were making all-out efforts to carry forward the journey of development and good governance amidst the widespread expectations of the people after the political change.

Referring to the monarchists, Prime Minister Oli said that defeated feudal practices could not be restored again.  He argued that if such practices were continued it would further prolong the transition period.  Prime Minister Oli further opined to entertain only legitimate demands. "No one should suffer on the streets." 

On another note, PM Oli said that teachers don't have to sit on the streets for protest.

"We will properly address their demands through dialogue," he added. Prime Minister Oli said that Nepal is going to fulfill some of its responsibilities including international relations while protecting its independence, self-respect and national interest. 

He said that the mountains of Nepal do the work of blocking the hot air of the Bay of Bengal and the mountains are working to prevent the sea from becoming too hot and to protect this region and the rest of the world from desertification.

"Our country is geographically, naturally and culturally diverse. Unity in diversity is essential. Without unity, the achievements we want cannot be achieved," he said, adding, "Diversity should not be a curse but an asset." 

When national and international problems arise, Nepal should work together to solve them properly.

He stressed that we should be able to contribute to the security and humanitarian welfare of the world keeping in mind the national interest in a world where the ideals are weak and self-interest is dominating.

Stating that one should not cover up one's weaknesses in the name of geopolitics, he stressed the need to advance national interest with geopolitical awareness. "It is not necessary to abandon just national interests and ideas with international accountability. 

There should be no politics in the name of friendship with any neighbour. We don't belong to anyone's strategic alliance. We are in favour of peace," PM Oli said. 

In the first series of The Himalayan Dialogue, leaders of various political parties and experts from the diplomatic field will discuss Nepal's foreign policy in two sessions, according to Gopal Khanal, chairman of Foreign Affairs Media.

Nepali Congress lawmaker Krishna Prasad Sitaula has said that there should be no delay in amending the Constitution as per the requirement.

Speaking during the 'Special Time' in the meeting of the upper house of the Federal Parliament today, Sitaula said the implementation of the Constitution should be reviewed to take the country forward.

"How much have we achieved what have we given to the people through the implementation of the constitution? Let us seriously review whether we have been able to use it properly in the interest of the people or not,” he said.

Lawmaker Sitaula insisted that if there is any flaw in the State governance system or weakness in the Constitution it should be amended.

"It is necessary to review whether we have been able to implement the rights guaranteed in the constitution or not," he added.

Stressing on the need for completing the task of giving justice to the conflict victims at the earliest, he said: "Speedy justice needs to be delivered. We fought together (for the republic), reached an understanding, brought change and the constitution. Now we have to solve the problem together.”

Stating that the determination that should have been seen in the transformative political parties was not seen, he said the time has come for all to stand united.

Government's activities should be people-oriented: Lawmaker Aryal Similarly, CPN (Maoist Centre) lawmaker Urmila Aryal has said the government's activities should be people-oriented.

Saying that there has been disappointment among the people in the recent past as the government's activities have not been pro-people, she said the State should be aware of it.

According to her, although the Constitution was drafted with understanding to address the rights of all sections after the movement of 2006/2007, there was a challenge in effective implementation.

"We make promises when we form the government, but when we come to power, we all forget what we have promised to the people. The purpose with which the movement was made, it has not been implemented. The failure to implement these objectives has caused disappointment among the people," she pointed.

Aryal suggested the government to focus on how the common people get happiness instead of being power-oriented.

She said that the rights given by the constitution should be reviewed further. Emphasis on promotion of free, compulsory and universal education Maya Prasad Sharma has drawn the attention of the government to fulfill the demands of the agitating teachers, stressing on the promotion of free compulsory and accessible education.

He said that the right to compulsory education up to the basic level and the free education up to the secondary level has not been implemented.

Sharma said unity among the pro-republic parties was necessary for the implementation of the republic.

Tulasa Kumari Dahal said that remittances sent by workers going for foreign employment should be properly utilized and it is necessary to include these workers in the contribution-based social security fund.

She stressed on the need of creating employment in the country by keeping the economy active, promoting technical education, identifying agriculture and tourism sectors and creating an environment of employment.

Call for probe into Saurya Airlines crash

Ghanshyam Rijal demanded a fact-finding inquiry into the accident of Saurya Airlines that crashed in July last year.

"Eight months have passed by since the plane crashed, but we have not been able to prepare a report after investigating it. The relatives of the deceased are demanding an inquiry. I would like to draw the attention of the government to address their demands," he said.

Renu Chand also stressed that there should be no delay in investigating the Saurya Airlines plane crash. Krishna Bahadur Rokaya said the teachers were agitating and stressed the need of holding talks with them and fulfilling their demands.

Rukmini Koirala has objected to the idea of legalising sex trade, stating that some people were trying to establish a false narrative saying so.

Similarly, lawmakers Bishnu Kumari Sapkota, Bishnu Devi Pudasaini, Bishnu Bahadur Bishwakarma, Krishna Prasad Adhikari and Padam Bahadur Pariyar also raised various issues related to the development construction and people's livelihood. 

Speaker Devraj Ghimire has asserted that the topic of constitution amendment should be pursued in a systematic way on an objective basis and not on sentiment. He also pointed out that the weaknesses seen in the implementation of the constitution should also be analyzed before delving into amendment.

According to the Speaker, the nation has entered into the federal democratic republican order and significant positive changes have been taking place that can be felt in the overall lifestyle of the people. He opined that although the State has limited means and resources, the overall progress is notable. Speaker Ghimire said the living standard of the people has risen and they have been getting basic health services and education to some extent.

The Speaker expressed this in an interview to the National News Agency (RSS) in the context of the Constitution Day-2081 tomorrow.

Role of parliament in institutionalizing republic

Asked what kind of a role the House of Representatives (HoR), the lower house of the Federal Parliament, is playing for institutionalizing and strengthening the federal democratic republic, Speaker Ghimire said it has been nine years since the promulgation of the current constitution and the HoR is making efforts to making its works effective.

The parliament constituted after the first general election following the promulgation of the constitution mainly centered on formulation of laws. Some of the required laws were made at that time itself and the federal democratic republican system was institutionalized and made effective.

The parliament is currently active in making the necessary laws even after the second election. On top of that, the parliament has focused its attention a little more on observing how the laws are being implemented and on providing feedback, suggestions and directives to the government for their effective implementation after holding the required debate and discussions.

Political instability affects Parliament

To the question whether the change in political equation had any impact on the regular works of the parliament in the meantime, the Speaker said that coalition governments were formed with the alliance among the small parties and there was a change of such governments within a short time which affected the regular activities of the parliament to some extent. The change in the power equation at the center had its knock-on effect in the provinces as well.

The second parliament at the center also could not carry out its responsibilities as expected. The parliament should have gained momentum in this period of about two years, but its role and the aspect of constitution implementation was not effective. However, comments like those that the popularity of the constitution and the parliament had diminished need not be made. Instead, the people's sentiments are being vociferously being expressed directly through the parliament.

Asked about there remaining to be made some Acts directly related to the constitution's implementation on the one hand and how he has found the status of the implementation of those Acts already formulated to that connection on the other hand, the Speaker stated that there is no concrete report as to in which specific areas there was a lack of laws and that also what specific laws were needed. According to him, many laws compatible with the constitution have already been drafted by the parliament formed after the first election.

Acts like the Federal Civil Service Act especially related to implementation of federalism should have been passed by this time, but that has not happened yet and this has created a bit of confusion in the civil service. The parliament has been trying its level best to get some of the major laws related to federalism implemented into the parliament and it has called attention of the government to this end.

Another is the School Education Bill that also needs to be taken ahead and finalized with priority. There is the Police Adjustment Bill that is still not finalized. The parliament has already drawn the government's attention to the need of introducing bills related to these key laws in parliament as soon as possible.

People's aspirations largely addressed by present Constitution 

When asked how people directly benefited after the promulgation of the current constitution which is written by the people's representatives for the first time in history, the HoR Speaker viewed that it has instilled hope among the people that the State addresses their demands through their representatives and the people's aspirations can be addressed through the province and local governments.

The people have to experience that they have the government at their doorstep. It would not be possible for the people to get 'delivery' from the State had the works that had been done especially under the constitution not been carried out under the current political system.

In the context of constitution implementation, despite the shortage of several laws and the required employees, the State agencies are working in improving the delivery to the people and due to this, there has been a positive change in people's lives.

Necessity of constitution amendment

Constitution amendment is required and it is natural to remove any impediments encountered in the implementation of the constitution. However, the debate and discussions on which issue made the constitution implementation difficult and what needs to be amended in the constitution have not come to the fore now. 

Nevertheless, there are also good aspects of constitution amendment in the context of the experiences from the implementation of the constitution so far. Rather than for or against constitution amendment, an environment is gradually building up for holding discussions on what the reality is, what are the difficulties in the implementation of the constitution and which of the Articles of the constitution are problematic etc.

When a situation of consensus and understanding did not exist in parliament in the past, it was impossible to get even the necessary legislation passed. Now it is possible.

Speaker's message to Nepali people on Constitution Day 

We have brought this constitution from the Constitution Assembly after putting in great efforts and at a big cost through long struggle. Now when there is a talk of constitution amendment, this topic should be pursued ahead on an objective basis rather than subjective and in a systematic way. Attention should be paid towards addressing the shortcomings seen in the implementation of the constitution. May the Ninth Constitution Day give inspiration to all the political forces, specially the parties and the politicians in the leadership role, to employ the democratic republican constitution in the interest of the peoples.

Fulfilling the things that the experience during this period demanded, let the constitution be implemented in a practical and effective manner in the coming days. Let the constitution be even more effective and this be taken as a document that is forever practical. Best wishes to all on the Ninth Constitution Day.

The Constitution of Nepal envisions three distinct branches of government: legislative, executive, and judicial. These branches are meant to function independently, free from interference from each other. 

While the legislative and executive branches are inherently political, the judiciary is intended to remain impartial and free from political influence to maintain its credibility. However, in practice, the Judicial Council, which recommends the appointment of judges in Nepal, is heavily influenced, if not dominated, by political interests. This political influence extends to the Constitutional Council, which recommends the Chief Justice of the Supreme Court, making the executive a key player in judicial appointments.

This politicization of judicial appointments has raised significant concerns about the competency, impartiality, and integrity of the judiciary. Many court verdicts in Nepal seem to be influenced by political pressures, undermining the judiciary's credibility and eroding public trust. A competent and independent judiciary is essential for upholding the rule of law and ensuring that justice is administered fairly.

Shree Krishna Bhatarai, former District Judge, says: “The credibility of the judiciary has been declining due to increasing political interference. Political parties appoint their desired candidates as judges to serve their interests, and they resort to impeachment if any hurdles arise. This trend has recently been on the rise, undermining the principles of constitutionalism and judicial independence.” 

When did politics start infiltrating the judiciary?

Gandhi Pandit, professor of law at Tribhuvan University, says the turning point is often considered  the event of 2013 when then Chief Justice Khil Raj Regmi was appointed the chairman of the Council of Ministers to remove then Prime Minister Baburam Bhattarai, due to the lack of consensus among political parties. 

“This move laid the foundation for the political exploitation of the judiciary,” says Prof. Pandit 

According to him, political interference in Nepal’s judiciary began as early as 2047 BS. However, post-2062/63 BS, political meddling increased significantly, culminating in Regmi’s appointment as both the head of the executive and judiciary. Some analysts believe this appointment instilled a tendency among judges to seek political advantage.

Subsequent Chief Justices after Regmi have been embroiled in various controversies. After Regmi, Damodar Prasad Sharma served as acting Chief Justice, a period considered golden for middlemen and the corrupt. Sharma was notorious for appointing his nephew as a judge in the then-Appeals Court, fostering factionalism among Supreme Court judges, and failing to make permanent appointments for competent judges, allowing them to retire instead. Ram Kumar Prasad Shah, who succeeded Sharma, attempted some reforms but was not free from controversy. Kalyan Shrestha, who followed Shah, faced similar issues.

The first female Chief Justice, Sushila Karki, faced impeachment over a dispute regarding the appointment of the police chief. Although the impeachment was later withdrawn, this incident set a precedent for using impeachment as a tool against non-compliant judges, a tactic also used against suspended Chief Justice Cholendra Shamsher Rana.

Increasing political influence and power-sharing deals have eroded the judiciary’s credibility, shaking the foundation of the one institution people still trust. Experts argue that the root cause lies in the flawed appointment process. 

The structure of the Judicial Council, changed through the interim constitution after the second people’s movement of 2006, heightened political interference. The new system included only the Chief Justice and the senior-most justice from the Supreme Court, with three additional members: the Minister of Law, a lawyer sent by the Prime Minister, and another lawyer recommended by the Nepal Bar Association. This made it easier for politically affiliated lawyers to join the council. 

This structure led to a high level of political quota distribution in judge appointments in 2070 and 2071 BS. In 2070 BS, 15 newly appointed Appellate Court judges visited the UML party office to express their gratitude on the same day they took their oaths of impartiality and independence. Now, the UML, which facilitated political intrusion into the judiciary, is trying to distance itself from the issue.

In the midst of widespread controversy and disorder, some interpret the political manipulation of the judiciary as a crisis of the system itself. As major political leaders began using the judiciary to shield themselves and their associates from legal issues and irregularities, public trust in the institution has steadily eroded. Frequent political meddling with the judiciary during the implementation phase of the constitution could undermine confidence in the constitution itself. Therefore, political parties must be cautious, as such interference affects not just individuals but the entire judicial system.

International practice of judge appointment 

For democracy to thrive, the judiciary must be independent and free from political influence.

17th-century French philosopher Montesquieu argued that when legislative and executive powers are concentrated in one body, independence cannot be maintained, and when the executive, legislative, and judicial branches are exercised by a single entity, democracy is hindered. This concept has been adopted by many democratic countries.

Since the constitution itself cannot exercise wisdom and judgment, there needs to be a development of constitutional culture and adherence to constitutional norms. Because the legislature makes laws, the executive may sometimes violate the constitution and laws or infringe upon individual rights. The executive, possessing both weapons and authority, can misuse power, making an independent judiciary necessary to prevent such actions.

Appointing judges by the legislature directly interferes with the principle of separation of powers and checks and balances, placing the judiciary under legislative control. When political representatives select judges, merit becomes irrelevant, which undermines judicial independence. Similarly, judges elected by popular vote must remain loyal to their voters, making impartiality difficult. Even appointments by executive order have not ensured judicial independence.

Therefore, the selection process for judicial officials must emphasize impartiality, independence, fearlessness, and individual qualifications, competence, experience, and conduct. The process and the laws governing appointments are crucial for judicial performance efficiency.

In the US, the President nominates Supreme Court justices, who must be approved by the Senate. This process often involves selecting candidates with similar political and ideological views. Despite the political nature of appointments, the judiciary operates independently. 

For instance, Joseph Story was appointed as a judge at the age of just 32 in 1811. James Byrnes, appointed in 1941, did not have a higher education certificate but gained legal knowledge through self-study. Brett Kavanaugh, who was recommended as a Supreme Court judge in 2019, faced allegations of sexual misconduct from three women dating back three decades. However, after discussions in the Senate, it was decided that his past behavior would not affect his current judicial performance, and he was appointed after receiving majority approval from the Senate. There are also examples of foreign-born individuals becoming judges. 

Supreme Court judges in the US are only dismissed under special circumstances or for misconduct, while experienced judges with 15 years of service and aged 65 or older can also be given responsibility in the Supreme Court.

After the US Federal Constitution was created, then-Chief Justice John Marshall in 1780 declared that the Constitution is the supreme law of the land, and it is the judiciary’s responsibility to uphold the supremacy of the Constitution. He asserted that even the President must operate under the Constitution. This interpretation strengthened American democracy and increased public trust that the President would not act against the country and its people. However, in 1857, then-Chief Justice Roger Taney’s interpretation that slaves could not be American citizens and that black people could not exercise the same rights as white people led to the American Civil War, causing great damage.

Consequently, although the US Constitution does not specify the age or qualifications of Supreme Court judges, it allows the President and Senate to determine qualifications as needed at their discretion. While the appointment of judges in the US appears to be purely political, it is claimed that there is no politicization within the courts, unlike in Nepal.

In the high courts of the United States and the United Kingdom, it is customary to appoint individuals as Supreme Court judges who have at least two years of experience as judges or have demonstrated exceptional expertise in the judicial field by practicing at the same level of court for 15 years. 

In neighboring India, although the constitution emphasizes the importance of executive power in the process of judge appointments, the judiciary has prioritized the role of the Chief Justice in these appointments through its interpretations and actions. A collegium of four senior-most justices, led by the Chief Justice, recommend appointments to the President, maintaining independence from the executive. Similar collegium system is followed while appointing judges for the High Court. 

In the British judicial tradition, individuals who have been associated with political parties, served as Attorney General, Members of Parliament, or Ministers are considered ineligible for judgeship. British society still believes that judges do not engage in corruption.

Policy for judicial appointments in Nepal 

According to Article 129 (2) of Nepal’s Constitution, the Chief Justice is appointed by the President on the recommendation of the Constitutional Council, and other judges are appointed by the President on the recommendation of the Judicial Council. Articles 140(1) and 292(1) outline the appointment process for High Court judges and the parliamentary hearing requirement for the Chief Justice and Supreme Court judges. Article 129(4) specifies a six-year term for the Chief Justice, while Articles 131(b) and 142(1)(b) set age limits for Supreme Court and High Court judges.

However, in practice, there has been noticeable political interference in the appointments of the Chief Justice and justices in the Supreme Court judges, as well as High Court judges. 

Balaram KC, former Supreme Court justice, says: “Individuals who have been MPs and ministers from political parties, presidents and officials of the Nepal Bar Association, Attorneys General, professors, individuals who have engaged in other businesses, amassed wealth abroad, or worked in influential law firms, and those who have failed to establish themselves in the legal profession are selectively appointed as judgesbased on connections, sometimes involving deals worth millions.” 

This manipulation undermines the judiciary's role in validating decisions and protecting political power, leading to significant degradation of public trust. The Nepal Bar, acting as a subsidiary of political parties, has further complicated the issue. Political statements, boycotts, and other disruptive actions are pushing Nepal’s judicial system into a critical state. The Judicial Council and other authorities must address these issues to safeguard the integrity of the justice system.

Major political parties have concluded that they would move ahead unitedly against the attack on the Constitution.

In the all-party meeting called by Prime Minister Pushpa Kamal Dahal, the leaders discussed various issues of the peace process, CPN (Maoist Center) Vice-Chairperson Pampha Bhusal said.

The Prime Minister held a discussion with the supporters of the 12-point agreement, peace process and Constitution, Busal said.

“The Prime Minister held a discussion with the supporters of peace agreement, Constitution and federal democratic republic,” she said.

Saying that the system is being attacked in recent times, the Maoist Center leader said that the major parties have made a conclusion to move ahead unitedly against the same.

She further said that Prime Minister Dahal will organize a broader assembly soon to resolve the problems seen in the economy.

Meanwhile, CPN-UML Whip Mahesh Bartaula said that the Prime Minister had called them to discuss the 12-point agreement and contemporary issues.

Saying that the government has not been able to deliver to the people, has become a mute spectator and the economy is in shambles, he said that they alerted the Prime Minister on the occasion.

On 20 Sept 2015, Nepal adopted its first federal democratic republican Constitution promulgated by the Constituent Assembly, a historic step for a nation that had gone through a decade-long Maoist insurgency, royal massacre, Madhes movements and other  political deadlocks.  The seven years’ exercise finally produced a new Constitution. Nepal formally abolished its legacy of Hindu monarchy and emerged as a federal democratic republic. Over the years, the political instability was so heightened that the country saw 15 prime ministers since 2006. Even after the delivery of the 2015 Constitution, the country witnessed eight prime ministers. The drafting process (2008 to 2015) kicked off in 2008 with the formation of Constituent Assembly-I, the unicameral body of 601-member, after its election. In fact, the demand for a new Constitution was raised by Maoist rebels, who waged a decade-long civil war which ended with the 2006 comprehensive peace accord. The Constitution aimed to reinforce Nepal as a secular, democratic republic with a provision for safeguarding the religion, and federate the country into seven provinces.

Bag of progressive provisions  

While celebrating Constitution Day, it’s high time for us to rejoice in the progressive provisions. It stands as the first national  charter in South Asia to include an explicit mandate of one-third representation to women in legislative apparatus. The Constitution expressly guarantees the rights of transgender people. This paradigm shift has made the country bound to adopt affirmative action to ensure the proportional representation of oppressed groups, including that of transgender and disabled persons, in the state apparatuses. In yet another breakthrough, the charter institutes fair corpus of provisions for language as well. In order to flourish the languages given by mother, it's been provisioned that the languages given by mother shall be the national languages. The fundamental rights provisions are praiseworthy. Take the example of the right to privacy. Right to privacy is yet to be expressly mentioned in the Indian constitution; however, the same right has been enlisted under fundamental rights in Nepal. Still, the right to privacy is protected as an intrinsic part of the ‘right to life and personal liberty’ clause in India.

The provisions relating to fundamental rights have been embodied under Part-III (Article 16-48) of the Constitution. There are ample provisions which are progressive in nature. For instance, right to information, right to communication, right to justice, rights of victim of crime, right against torture, right to free legal aid, right to privacy, right to property, right to clean environment, right to language and culture, rights of women, rights of Dalits, rights of senior citizens, and  right to social security, among others, are the provisions which appear progressive in one way or the other.

Our progressive fundamental rights would become meaningless unless implemented in true and material sense. The state is failing to implement these rights in letter and spirit due to its poor economy and political instability. It’s the fault of the government, not the Constitution.

Constitutional supremacy

The Constitution of Nepal under Article 1 secures the supremacy of the constitution, while Article 133 and Article 146 confers power on the Supreme Court and High Courts, respectively, to issue any form of writs and determinations to secure the fundamental rights of the people. Our Constitution confers a wide range of powers on the judicial department to judicially review the actions of executive and legislature.

The Supreme Court in the case of  Bed Krishna Shrestha v Ms Secretary, Department of Industry, Commerce, Food Civil Supplies (2010 BS) held that power and obligation of the Pradhan Nayalaya, under Section 30, was to prevent unlawful action in case it infringed on the fundamental rights of people. In Mrigendra Shamsher Rana v Inspector General of Police (2011 BS), Chief Justice Hari Prasad Pradhan for the first time in the judicial history of Nepal issued a directive order to the government to initiate immediate amendment in Raj Kaj Act. The 1990 constitution had considered the provision of the Judicial Review as one of the sacrosanct parts of the charter.  This way, the judicial department has the ultimate power to test the constitutionality of the action of the government under writ jurisdiction.

In the United States, in 1789, Judiciary Act conferred power on the US courts to review the governmental actions. In 1803, Chief Justice Marshal in the case of Marbury v Madison held that it is the judicial department to say what the law is. Article-III, Section-2 of the US constitution envisages that the Judicial power shall extend to all cases arising under the constitution, laws of US and up to certain specified controversies.  Likewise, Article VI, Section 2 provides that the US constitution is supreme and the laws inconsistent to it would be void.

Similarly, in the United Kingdom (UK), where the constitution is unwritten, and parliament is supreme, the courts have been conferred with power to interpret the laws. In Germany, the constitutional court is empowered to strike down not only ordinary laws but also constitutional amendments for being incompatible with the basic features of the constitution. Interestingly, the concept enjoys a similar currency in Nepal as well. 

Missed opportunities

The preamble acknowledged the glorification of various movements in the past such as the people’s movements and Maoist insurgency. But, the Constitution does not recognize the Madhes uprisings that led to the inclusion of federalism into the characteristics of the new Nepal. Had the makers of the Constitution recognized the Madhes movements, it could have further amplified the acceptance of the Constitution in the southern plains. It was a missed opportunity.

The charter provisions that the “operation, supervision, and coordination of Nepal police and provincial police shall be as provided by Federal law” [Article 268 (3)]. In doing so, the makers of the Constitution have offered a little say to the provincial legislatures in enacting policies for the police apparatus. 

Article 56 confers the power to declare village councils and municipalities to the federal government. It means the provinces do not have the power to restructure local bodies in the future. Article 203 does not give power to the provincial governments to levy tax without the consent of the central government. 

Moreover, the drafters ought not to have rejected calls to revert back to a Hindu state. It was the Hindu identity of Nepal that was crucial in bringing the Madhes and Hill people together. It would have been better had the CA members given due respect to the things which could be crucial in bringing Madhesis and Pahadis together.  Still, there would be political debates, there would be heated arguments also, at times there would be protests on the streets, yet amidst the noise and chaos, what the preamble of 2015 Constitution has taught ordinary population and those who claim to be representatives of people is that despite extraordinary diversity and differences along the lines of ethnicity, caste or religion, Nepal must remain one and march ahead with full faith on democratic credentials.

Way forward

There is no need to be disappointed with a handful of conflicting provisions, which may appear to be unitary in nature. They can be amended. From ensuring equality to providing positive discrimination to marginalized communities, from guaranteeing one-third representation of women in legislature to allowing transgender to seek citizenship certificates with recognition of sexual orientation and promoting egalitarianism, equity and good governance, our Constitution appears to be a progressive document. It’s high time to popularize these progressive measures. It’s time to implement them in letter and spirit.  The Constitution of Nepal—like other constitutions of the world—will also evolve with the passage of time. Nepal deserves constitutional democracy and rule of law. It’s time to live with the constitution.  

On a fateful day in Nepal’s history, 16 Sept 2015, the nation stood at a crossroads, poised to embrace a new constitution. The air was thick with anticipation and tension, as the Madhes-based parties and neighboring India exerted immense pressure to delay the process by a few days. In the midst of this high-stakes drama, the then President Ram Baran Yadav found himself torn between the demands of delay and the promise of progress.

In a meeting at Sheetal Niwas, President Yadav handed over Constituent Assembly (CA) Chairman Subas Chandra Nembang a letter that bore the weight of uncertainty. This missive, a plea to postpone the constitution’s endorsement, became a pivotal piece in the puzzle of Nepal's constitutional destiny.

Nembang received this letter, but instead of presenting it at the CA meeting, he boldly set a date, Sept 20, for the grand promulgation of the new constitution. The stakes were high, and the tension palpable. Upon returning from the President's office, Nembang doubled down on his commitment to the cause. 

Had Nembang yielded to the pressure and presented that letter, the course of history might have taken a different turn. The constitution would not have been issued in its current form or might never have seen the light of day. This riveting episode is immortalized in the book, ‘Kathmandu Dilemma: Resetting Nepal-India Ties’, by Ranjit Rae, the former Indian ambassador to Nepal. 

“At a late stage during the Constitution drafting process during the first fortnight of September 2015, he ( President Yadav) had sent a letter to the Constituent Assembly (CA) Chairman formally conveying his views but the Chairman of Constituent Assembly, Subas Nembang, refused even to share the message with members in the ground,” recounts Rae.

Nembang, the stalwart chairman of the CA, who played an indispensable role in the birth of Nepal's new constitution, has sadly passed away at the age of 70. He led the CA that had to be elected twice in the run-up to the promulgation of the new constitution.

He once famously quipped to the media: “I am not the former chairman of the CA but ‘the chairman’ of the CA.” Indeed, he presided over a historic body, unparalleled in Nepal’s political history, entrusted with the sacred task of drafting a new constitution. 

Nembang will forever be remembered as a key architect of Nepal’s constitutional renaissance. He skillfully juggled the roles of speaker and CA chairman, navigating treacherous political waters with a remarkable lack of controversy. He was soft-spoken and composed, yet possessed a commanding presence that allowed him to engage in frank and candid discussions with top leaders from major parties, no small feat in a divided political landscape.

In the twilight days of the CA, Nembang, like other senior leaders, faced insurmountable pressure to halt the constitution’s promulgation. Despite these formidable obstacles, he remained unwavering in his commitment to consensus among political parties. He had an innate talent for finding common ground on contentious issues, and he firmly believed that the CA itself could craft the new constitution if parties could unite.

Constitutional experts and former CA members sing Nembang’s praises for his role in ushering in the new constitution. He not only excelled in the constitution drafting and promulgation process, but also championed its effective implementation and protection. Nembang’s conviction that the country could not forge a better constitution in the current climate drove his unwavering dedication, even in the face of mounting challenges to the constitution's legitimacy.

Constitutional expert Radhe Shyam Adhikari says Nembang not only played an exemplary role to draft and promulgate a new constitution, but also championed for its effective implementation and protection. 

Nembang’s conviction that the country could not forge a better constitution in the current climate drove his unwavering dedication, even in the face of mounting challenges to the constitution’s legitimacy.

Even after the constitution’s promulgation, Nembang, as a senior leader of the CPN-UML, continued to play a pivotal role in crafting the laws necessary for its implementation. His final days were marked by intense cross-party negotiations aimed at resolving the lingering issues of the transitional justice process. His parting words held a promise of progress for Nepal’s international standing, a testament to his unyielding commitment.

Nembang harbored aspirations to become the president after the constitution’s promulgation, yet internal dynamics within the UML thwarted this ambition. Throughout his career, he consistently advocated for the middle ground in politics, seeking consensus among parties even during the most trying times.

His counsel to go for a fresh CA elections during the impending dissolution of the first assembly in May 2012 to avoid parliamentary vacuum and his quiet resistance to the 2021 parliamentary dissolution by his party leader KP Sharma Oli, all underscored his dedication to Nepal’s political stability. 

Nembang was a giant of Nepal’s political arena, whose legacy will forever be etched in the annals of the country’s modern political history. He will be remembered as a gentle statesman who expertly navigated the turbulent political waters to chart a course toward progress and unity.

Eight years after Nepal issued a new constitution with federalism and republicanism as its guiding principles, a disquieting note of discontent is reverberating both in political and public spheres. Calls for dismantling provincial frameworks in the name of reducing economic burden are growing louder by the day. Joining this chorus are the leaders of Nepali Congress, CPN-UML, and CPN (Maoist Center), the three political behemoths of Nepal who spearheaded the constitution drafting process. Publicly, they pledge allegiance to federalism, but their actions paint a starkly contrasting picture.

The cumbersome and languid pace of lawmaking serves as damning evidence of the parties' tepid commitment to the federal structure envisioned by the 2015 constitution. Nearly a decade since the promulgation of the constitution, and yet the legal groundwork for its implementation remains woefully incomplete.

The first federal parliamentary elections were held in Dec 2017, which gave Nepal the most powerful government to date in the form of Nepal Communist Party (NCP), a party born out of a merger between UML and Maoist Center. The government and parliament had a significant task at hand: implementing the constitution. Alas, the journey of the erstwhile NCP government, led by Prime Minister KP Sharma Oli, was fraught with one controversy after another.

Oli’s ugly power-sharing dispute with his partner at the time, incumbent Prime Minister Pushpa Kamal Dahal of Maois Center, and his increasingly authoritative actions dominated much of his tenure as the leader of Nepal. The power wrangling between Oli and Dahal came to the head when the former tried to dissolve the parliament, not once but twice—and much to the frustration and dismay of Nepali citizens. The NCP inevitably underwent a split, Oli was ousted, and a new coalition government was formed, with Nepali Congress and Maoist Center as primary partners.   

The coalition, headed by Sher Bahadur Deuba of Congress, conducted the  second parliamentary elections in Dec 2022, and the NC, UML and Maoists polled first, second and third respectively. Soon after the election results were out, Nepal once again plunged into a political crisis. It was the turn of Deuba and Dahal to get caught in a power-sharing tussle this time. The political spectacle saw the old enemies—Dahal and Oli—come together, fall out once again over the presidential election, and eventual rapprochement between Dahal and Deuba.         

It’s been little over nine months after the second parliamentary elections, and Nepal has seen plenty of political drama, full of intrigue and farce, but the nation still grapples with a legislative void.

Every government since 2015 has shown a conspicuous lack of attention to crafting the essential laws needed for the constitution's execution. This lethargy isn't exclusive to the executive; even the federal parliament—both the House of Representatives and the National Assembly—exhibits a troubling inertia when it comes to formulating indispensable legislation. The absence of crucial laws has spawned a litany of challenges for provincial governments, casting a long shadow over the very relevance of federalism itself.

A recent study conducted by a National Assembly committee unequivocally affirms that both the government and the parliament have fallen far short in taking the necessary steps to draft laws vital for the successful implementation of federalism. While some efforts have been made, they are plagued by a snail-like pace, inadequacy, and incompleteness. The repercussions of this legislative vacuum are acutely felt, with the entire bureaucracy rendered obsolete due to the absence of a Federal Civil Servant Act. Civil servants are hesitant to serve in subnational government agencies.

Furthermore, critical laws pertaining to the health and education sectors remain in limbo. As per the constitution's mandate, the federal parliament should have enacted a total of 151 new laws, yet a staggering 112 of them remain pending. Among these, the Federal Civil Servant Act, Education Act, Federal Police Act, Public Health Act, and legal assistance-related laws demand immediate attention for the effective functioning of federalism. Regrettably, provincial assemblies and local governments have also failed to step up and fulfill their legislative responsibilities.

In Monday’s meeting, Chairman of the National Assembly Ganesh Prasad Timalsina issued a perfunctory direction to the government to expedite the formulation of laws essential for the successful implementation of federalism. 

Constitutional expert and former National Assembly member, Radheshyam Adhikari, says Nepal will never become a full-fledged federal country unless the political parties and their leaders commit themselves to working as per the spirit of the 2015 constitution.

He says the primary impediment to the sluggish law-making process lies in the politicians' lack of clarity or willingness to adhere to the constitution's clear directives. Although the constitution confers rights and resources to provinces and local governments, politicians appear reluctant to embrace these provisions, mirroring the stance of civil servants who resist relocating to the local level in a bid to retain central control.

Experts warn that failure to implement the constitution could embolden anti-federal voices. Provincial governments, in particular, voice their displeasure at the ongoing delays. Beyond merely crafting new laws, they advocate for swift amendments to existing legislation to address the numerous ambiguities hindering effective governance.

The parliament’s inability to devote adequate time to the law-making process, coupled with intra-party disagreements on the content of bills, has exacerbated the situation.

In the past nine months, the parliament has managed to pass just one law related to loan sharks, which is a stark testament to Nepal’s glacial pace of legislative progress.

Suresh Ale Magar, NA member: Many laws, including those related to granting rights to women, Janajati and marginalized communities, are yet to be formulated even after eight years. I draw the attention of Prime Minister Pushpa Kamal Dahal and his government to take the report of the National Assembly seriously and take necessary measures to formulate the crucial laws.

Bhairab Sundar Shrestha, NA member: Successive governments have missed the deadlines to pass important legislations. The federal government needs to get down to business and formulate 39 crucial laws at the earliest. We need human resources so that the provincial and local government can function smoothly, and for that we need to formulate necessary laws. 

Anita Devkota, NA Member:  Lack of laws means, we are denying rights to the people that have been guaranteed by the constitution. All laws related to fundamental rights should have been formulated within the three years of constitution promulgation. In the absence of these laws, many people, including landless and marginalized communities, have been deprived of their rights.

Prime minister calls for wider accountability to implement constitution

Prime Minister Pushpa Kamal Dahal has said that his government has prioritized the enactments of remaining laws as demanded by the constitution. In a meeting of the National Assembly on Tuesday, Dahal spoke about the study report on laws pending formulation as envisioned by the constitution. “The government is proactive in building a legal structure required to establish a rule of law by institutionalizing democratic republic,” he said. He added that it was the responsibility of the government, parliament and stakeholders to make citizens experience good governance, development and prosperity through the effective enforcement of the constitution.
The prime minister also informed the upper house that since the promulgation of the constitution in 2015, 191 Acts (new and revised) have been formulated while specific attention has been given for the formulation of legislations to implement the fundamental rights.  

The government is also preparing to present the Federal Civil Service Bill and Education Bill, among others, to the Federal Parliament in the near future. 

Prime Minister Dahal apprised the National Assembly that the government was working on bills that turned inactive due to the expiry of the previous term of parliament. 

“Regarding the citizenship law as pointed out in the report of the Legislative Management Committee, the Nepal Citizenship (First Amendment) Act, 2079 BS, which was issued after being certificated on 21 May, 2023, has paved the way for the implementation of the constitutional right relating to citizenship,” he said. 

“The government is also actively working to prepare and present a separate bill related to free legal aid as per the policy adopted by the constitution and the government. The process to amend the Sexual Harassment at Workplace (Elimination) Act, 2071 BS has also started.”

Prime Minister Dahal also informed the upper house that the National Land Commission is working to implement the constitutional provision to provide land to the landless squatters. He added that the bills including the Media Council Bill, the Mass Communications Bill and the Information Technology Bill are also being prepared. 

To ensure job opportunities to citizens, the prime minister said that the Right to Employment Act, 2075 is being implemented, and the government has launched various employment programs including the Prime Minister Employment Program. 

“The study carried out by the Legislative Management Committee, and suggestions and recommendations based on the study would be an important guideline to the government to make laws,” said Prime Minister Dahal. 

‘Delay in devolution of power as per constitution questions federalism’

People’s representatives from Madhes province have said federalism is under question because the federal government has refused to devolve power to provinces as per constitution.
During an interactive seminar in Janakpur, Chief Minister of Madhes Saroj Kumar Yadav pointed out the need to wipe out ambiguity in law so that jurisdiction of all three tiers of government would be clear. 

“Although the three tiers of government are supposed to work in harmony, the federal government has not empowered the provinces, which has hindered the overall growth and development,” said Chief Minister Yadav, emphasizing the need to broaden the authorities of provinces as envisioned by the constitution.   

Speaker of Madhes provincial assembly, Ramchandra Mandal said expected results could not be delivered because the federal government and political parties are still plagued with a centralized mindset. 

“It’s been eight years since we got a new constitution, yet the provincial and local governments are toothless in many aspects. Rights and resources have not been distributed in a just manner,” he said.

Provincial Minister for Physical Infrastructure Development Krishna Prasad Yadav argued that there was no point in discussing responsibilities of three tiers of government when the center has refused to empower subnational governments. 

“Madhes province is suffering the most, as it was not allocated adequate resources including budget based on population, and human development index,” he claimed. 

Other speakers including the chair of Municipality Association, Pradip Yadav said the provincial governments cannot work independently and effectively as long as the federal government continues to deny them the authority to control and regulate their economy and create their own security apparatus.

Secretary at the Office of the Prime Minister and Council of Minister, Krishna Hari Puskar, said that the federal government was making necessary laws to empower the provinces in the spirit of federalism.
The program was organized by the secretariat of the National Coordination Council, Office of the Prime Minister and Council of Ministers to collect feedback from the provincial government.

Although the Constitution of Nepal stands for fundamental rights, sustainable development and welfare policies, a sweeping wave of unemployment and inflation have pushed the country to a breaking point.

A soaring inflation has caused a brutal impact on the lives, livelihoods and overall well-being of the people. Whatever you purchase these days has inflation attached to it. To mitigate the economic distress resulting from a double impact of inflation and unemployment, the government could have introduced welfare schemes as the constitution has envisaged that all public policies are supposed to be in sync with fundamental rights and directive principles.

Soaring market prices have everyone upset. Tomatoes have become so costly that people have begun comparing them with petrol. In fact, it is a wrong comparison. While petrol costs Rs 175/liter these days, tomatoes cost around Rs 200/kg. In such a situation, governments—central, provincial and local—should have provided some relief to the people.

Constitutional quagmires

Our constitution, which entered into force on 20 Sept 2015, ‘guarantees’ so many rights. It guarantees the right to food (Article 36); right to employment (Article 33); the rights of consumers to have quality goods and services (Article 44), so on and so forth. Over and above all else, it guarantees the right to live a dignified life (Article 16). I wonder why we are not talking about these foundation stones on which the constitution stands.

Inflation has a direct bearing on poverty. The other side of this picture is that some of the adverse effects may have a lasting impact. For instance, a section of the population may suffer from diseases for want of a balanced diet owing to the lack of income or poverty.

On the other hand, people may not be able to educate their kids properly regardless of the right to education enshrined in Article 31 of the constitution as one of the fundamental rights.

All this has the people and their fundamental rights on the receiving end. In today’s federal democratic republic, the fundamental rights enshrined in the constitution sound so alien. Gradually, this situation may give rise to public distrust toward constitutional guarantees and government-made promises, thereby fomenting anarchy.

Preamble of the charter

The preamble of the charter obliges the state to end “all forms of discrimination and oppression created by the feudal, autocratic, centralized, and unitary system” for the creation of an “egalitarian society on the basis of the principle of proportional inclusion.” The preamble affirms the sovereignty of “We the people,” committed to fulfilling the “aspirations for perpetual peace, good governance, development and prosperity through the medium of democratic republican system of governance” and thus “hereby promulgate this Constitution through the Constituent Assembly.” The concluding part seeks to unite the citizens in an enduring sense of duty to uphold constitutional norms, not just the ‘loyalty of lip service’.

The Parliamentarians and the provincial leaders must ask themselves whether, as responsible public servants, they have stood up to the constitutional promise of maintaining the concept called “rule of law” and “egalitarianism”.

The governments’ failure to guarantee the fundamental rights (by curbing inflation and by providing jobs) can end up disrobing egalitarianism, the rule of law and the overall objectives of the preamble. 

Way forward

The people should raise their concerns strongly against unscrupulous exploitation of their rights and value their hard-earned money. A culture of accountability and honesty will not flourish in the country unless the consumers themselves become more vigilant.

Article 46 of the constitution empowers every citizen to knock the doors of the Supreme Court (Article 133) or High Courts (Article 144) for the realization of fundamental rights. Article 48 casts a fundamental duty on every citizen to abide by the constitution and the prevailing laws. 

Do we care about these provisions?

The governments’ failure to curb inflation or their failure to introduce welfare schemes amidst rising inflation reflects poorly on our political leaders. For them, nothing else matters save absolute power, it appears. This has a profound negative bearing on the entire democratic system of governance.

To protect fundamental rights, the government should rein in food inflation. There should be frequent administrative checks on retail prices, hoarding of food commodities and unabated smuggling of food items to the neighborhood.

Escalating food prices are especially worrisome as they undermine the right to food.  The mismanagement of the economy and lawlessness should not be the hallmarks of our federal democracy.

Margaret Thatcher, a British politician, had rightly said, “The Constitution has to be written on hearts, not just paper.” If we really want to live and breathe in a democracy, our constitution must be acknowledged in letter and spirit.   

It’s high time to realize that the country cannot survive with uncontrolled inflation and frequent disruption of constitutional mandates, especially given that Nepal is an ancient country of sustainable development-friendly people.

Take a pledge to implement the constitution, for the country deserves the rule of law. As George Washington has said, “The constitution is the guide which I will never abandon,” the time has come for every Nepali, including leaders and Ministers, to take the same solemn pledge.

The justice delivery system has not been able to deliver justice to the victims of organized crime because of the state’s failure to ensure protection of the victims as well as the witnesses.  

The Constitution of Nepal 2015 has provisions for the protection of the victims as well as the witnesses, but the inability to ensure their protection means the latter contradicting their own statements given while moving the court of law. This makes it harder for us to deliver justice.

The witnesses may have been turning hostile and the victims contradicting their own statements because they are economically, socially and educationally disadvantaged.

The right to justice is enshrined in the Constitution. It also entails the protection of the victims as well as witnesses. We have also introduced laws related to protection.

But have we been able to ensure their protection in a meaningful way?

This is a serious question. 

The author is Chief Justice 

Federal democratic republic is a new system for Nepal and there are people and groups, who want constitutional monarchy back. Some would prefer not having federalism and be content with the development region model of Nepal. 

Nepal had to adopt a new national anthem around the ideals of unity in diversity but many do not even know its words. That is why international intelligence agencies are able to destabilize Nepal. The process is the same, “Find a fraction looking for foreign investment, install them to power and murder any objections.”

Are Nepal’s political parties, the new ones in particular, aware of this design?  

In this political mix, it is almost impossible to run a government for five years. A full-term is a rarity, especially in contemporary Nepali history. 

A perpetual state of flux in Nepal calls for the creation of a powerful intelligence agency of our own. 

Let’s call it the Nepal Intelligence Agency, meant to prevent politically motivated murders in the guise of accidents and carnages.  

Madan Bhandari called US President George HW Bush the hero of capitalism and his brute communist philosophy would have given him the ability to lead for five years. But that was not to be as Bhandari lost his life in mysterious circumstances along with comrade Jivraj Ashrit decades ago. 

Even when a party gets a majority in Nepal, that party is soon divided into smaller fractions as the KP Oli vs Madhav Nepal saga shows. 

Indian Prime Minister Narendra Modi tried to mend relationships with Nepal on the basis of the RSS philosophy itself. Nepal and India have a cultural relationship that can protect us from the brute force of RAW and CIA. If Nepal becomes too violent, it will affect Indian security but if it becomes too strong then anti-indian sentiments will cause Nepal to tilt toward Chinese communism instead of the Indian-American strain of democracy. 

However, China has shown little interest in Nepal, it has interests in Tibet. During the India blockade against Nepal, China could have supplied goods and services through Tibet, but it didn’t even send medicines, leave alone fuel and gas. It is foolish to think that India, China, the EU or the US will work in the interests of Nepal. They will pursue their own interests. 

Unless we have our own intelligence agency, chances are that we will not be able to live in peace. Also, peace will remain elusive for us for obvious reasons if we fail to deal with anti-Indian or anti-Chinese or even anti-American sentiments as there will always be parties to cash in on such sentiments. 

A two-party system may work just fine for Nepal. The Nepali Congress that works in the interest of Madhesis as well and the CPN-UML, which works also in the interests of the Mongols. But the main problem with these parties is that they are Khas-led parties. The main difference between the Madhesis and the Mongols is hidden in the DNA itself. The Madhesis are closer to Indians genetically; whereas the Mongols are genetically similar to the Chinese. 

The Khas-Aryans, the rulers for nearly a thousand years, have to balance both these communities but their motivation to rule appears to come out of greed instead of selflessness. It is not right to divide a nation based on ideology, genetics, culture, caste or other such factors but that is what happened after the Vedas were written. 

Before the Vedic period, all genes appeared to intermix but after the codification of the Vedas love was confined to caste by the Brahmins, which is a crime against the Vedas themselves because the main teaching of the Vedas is that “all this is but Om”. How can there be casts if everything is one ‘Om’? When we let foreign intelligence agencies govern foreign relations, they tend to destabilize us. We need to reach out to the masses. 

Gurkha soldiers have created a great goodwill for Nepal in India so have the cultural ties and Sita and Buddha. This relationship has created open borders, which need to be regulated for controlling illicit drug trade and other crimes. 

This is the nation that produced the Light of Asia, but we are still living in darkness. If we wake up, if all of us wake up together from our deep sleep and dreams into this reality that hatred cannot cure hatred only love can, if we love any woman or man regardless of who they are, it is certain that the entire world will rise to the stars like the trees painted by Van Gough.

The author is a student of law

September 19 marks the sixth anniversary of the promulgation of the Constitution of Nepal 2015. While a sizable population celebrates the day with fanfare, many in Tarai-Madhes observe Constitution Day as a Black Day, a big setback in their fight for representation and justice.

The constitution, drafted following the decade-long Maoist insurgency and two Madhes movements, is yet to fully address the demands of Madhesis. Nonetheless, although disagreements over the constitution have inevitably surfaced, all political parties have decided to resolve them in a democratic way.

But, what if the constitution had not been promulgated on that day? How would the country be faring today?

Radheshyam Adhikari, member of the National Assembly and ex-chairperson of the Regulation Drafting Committee of the Legislature-Parliament, had closely worked with the constitution’s final drafts. “We promulgated this constitution under a specific situation. The political parties might not have arrived at a consensual document had it not been for the earthquake earlier in the year,” he adds. “The sorry plight of millions of fellow Nepalis imbued our politicians with a sense of duty.”

When the first Constituent Assembly failed to deliver, a second CA had to be elected in 2013. Around 80 percent of the newly elected were new to the assembly. The big difference between the first and the second CA was that while the new revolutionary forces like the Maoists and Madhesi parties were dominant in the first assembly, traditional parties like Nepali Congress and CPN-UML had reclaimed their dominant position in the second assembly. This, in the eyes of many, greatly diluted progressive agendas of the post-2008 period.  

But Adhikari reckons there wouldn’t have been a third CA had the second one also failed to deliver a constitution. “In such a situation, we would have gotten a constitution, but through some commission and not via people’s representatives,” he says. “Such a national charter would not have reflected people’s aspirations.”

Youths light candles at Maitighar Mandala as the Constituent Assembly endorsed all the articles of draft constitution on 16 September 2015 | Photo: RSS

Santosh Mehta, spokesperson for the then Rastriya Janta Party Nepal, reminisces the time he felt the CA veered off-course in 2015. “I hadn’t imagined the major parties would ditch the demands of the Madhesis and treat us as if we are not Nepalis,” says Mehta. He says this constitution has divided Nepalis by creating psychological barriers between the country’s major ethnic groups. “Relations between the various ethnic groups would have been stronger and more cordial without this disrespectful constitution,” Mehta adds.

It took almost a decade following the 2007 Madhes movement to promulgate the constitution. Political parties tried to forge consensus in this time, mostly on the contentious issue of the number and nature of federal provinces, but to no avail. In the desperate post-earthquake days, all major parties had to compromise on their agendas to give the country a way out. But they failed to have Madhesi parties on board.

“It was no big deal. Had we not been able to have a constitution in September 2015, we would have had one by early 2016, which would also have helped resolve most contentious arguments,” claims Chandrakishore, a Birgunj-based journalist. He says major parties rushed the process, ignoring the demands of a large portion of the population. “They issued an urgent whip to the CA members without giving enough time to the parties on the street, in what was an intentional provocation,” he adds.

Fed up with the autocratic monarchy, there was a surge of hope among the people when the country became a federal republic in 2008.  

“That hope would have died had the second CA also failed to deliver a timely constitution,” says constitutional expert Bipin Adhikari. “No one would then have believed that people’s representatives were capable of steering the country.” Adhikari thinks people would then have started pining for the monarchs again.  

As nearly 90 percent of CA members (538 out of 598) voted in the charter’s favor, many politicians continue to consider it among the best constitutions in the world.

Youths of Birgunj protesting against the promulgation of Constitution of Nepal 2015 | Photo: Madhesi Youth

Political analyst CK Lal reminds that each of Nepal’s seven constitutions—be it the one in 2015, in 1962 or in 1948—was touted as ‘the best in the world’. “This title has always jinxed us,” he shares. “If the second CA had also failed to deliver, they would most probably have added federalism to the Interim Constitution of Nepal 2007 and made it permanent,” he says. “This would have been better as the 2015 constitution is more regressive than the interim one in terms of the demands of Madhes.”

Hisila Yami, a member of the first Constituent Assembly from UCPN (Maoist), echoes Chandrakishore. “The 2015 constitution would have been more widely hailed and accepted had it been postponed by a few days,” she says. The constitution, in the form it was promulgated, watered down the rights of women, indigenous, and minority populations. Yet, she is happy that the second CA finished off a must-do task.

Sixty people were killed during the months-long protests against the constitution—six of them on the very day of its promulgation. Observers in favor of the parties’ decision to push for the constitution say that this number would have significantly increased had the constitution been put off any longer, while those against say nobody would have had to die in that case.  

Most progressive political actors accepted the Constitution of Nepal 2015—even if some did so grudgingly—as it institutionalized federalism and paved the path to socialism.

Madhes-based critics, however, still have problems with citizenship, provincial structure, proportional representation and inclusion-based issues. Lal says major parties’ leaders won’t listen to Madhesi agendas. For him, eventually, there has to be another revolution to right the wrongs.

Yami says there are quite a lot of ways to make the constitution better—it’s just a matter of political commitment. Here too, she thinks Nepal needs a national political consensus. “This constitution is a glass half-full. We have to fill it soon,” she adds.

Constitutionalist Adhikari says any constitution is a work of compromise. “No one gets to fulfil all their demands,” he concludes.