Constitutional Practice, Class Distinction and Rebellion

In the laws related to all government services made for the implementation of the inclusive and socialist-oriented state system as reflected in the constitution, 45 percent of the total number of demands has been set aside as reservation for economically, socially and culturally backward class communities and 33 percent has been set aside for women. In the same way, there is a mandatory provision in the law related to the election of the bodies, that in the local and federal legislatures, which are politically elected, fifty percent of the women will be elected, and in others, different caste and class clusters will be represented based on the population.

We are among the best countries in the world for women and inclusive representation and we are all proud of that. Moreover, Nepal has been praised in international forums for the perspective of women's representation in the parliament. We have yet to properly preach this beautiful and glorious fact to the world. Nepal is in the forefront of countries with an inclusive and egalitarian constitution. This achievement of the last people's revolution is ranked among the highest achievements in the world of this century. Every Nepali's head will be raised and the comment that the old parties did nothing will automatically be broken.

but constitutional practice?

Who are the beneficiaries or beneficiary class groups of the mentioned inclusive and proportional electoral system and reserved government services? And, the question of what is the purpose of the mentioned constitutional provision, our constitutional provision itself has become ashamed. This article has been prepared for public discussion on the occasion of the strong government of the UML-Congress, the advocate of change and the decisive force of the recent people's revolution, and a parliament with a strong majority of them. .

It is now time to review the issue of whether or not this beautiful constitutional reservation or representation has been practiced for those class communities by identifying which class community the constitution is trying to give reservation or special facilities to. If it is not reviewed in time, another rebellion may be born in the society.

Article 42 of the Constitution has given a clear guidance as to which category of communities reservation or special facilities are envisioned in this governance system. This article guarantees that 15 types of caste, gender, class or geographically or physically backward or marginalized class communities will have the right to participate in state bodies based on the principle of proportional inclusion. In order to implement the special provision made by this article, special protection or reservation has been made for the classes and communities mentioned in this article in government services including civil service and elections at all levels. But this article does not provide for reservation for women, tribal tribes, Madheshi, Tharu, Muslims, farmers, backward areas or Khas-Arya of all types or any condition and the constitutional purpose is not that.

Being born in the womb of Khas-Arya or Madheshi or Dalit or tribal or Muslim or Tharu is not automatically entitled to proportional quota or reservation and the constitution does not say that. But the constitutional practice of the last nine years, contrary to the constitutional provisions and purpose, has led to the emergence of a new special class in democracy. In the practice till date, it has been seen that being born from the womb of a certain caste means falling into the beneficiary quota of special facilities. Is this the constitutional provision and purpose? Absolutely not. This constitution aims to establish an egalitarian society by minimizing class discrimination. But in practice, this constitutional practice is misused and a new elite class is emerging. Such a distorted practice is about to sprout another rebellion in the society. Who is eligible for

?

The distribution of reservation or special facilities is very low in the class communities defined by the constitution to be given reservation or special facilities. Barring exceptions, reservation or special facilities are being used by those communities who were not entitled to it or not. In the earlier constitutional practice or system which did not have special facility or reservation system, the classes which were making trouble here and there, even today those same class communities are making trouble by using the results of the new constitutional practice.

Article 42 of the constitution clearly provides for reservation or special facilities only for economically, socially or educationally backward women, Dalits, tribal tribes, Madheshi, Tharu, Muslims, backward classes, minorities and economically disadvantaged Khas-Aryas. But while enacting laws related to Civil Service Act or other government services or enacting laws related to elections from local to union, the parliament made this constitutional arrangement ugly and removed the phrase "Khas-Arya" from the economic, social or educational point of view, to women, Dalits or Madhesi or tribes or The Constitution has been violated by providing reservation or special facilities to all Khas-Aryas.

and, the unconstitutional practice of using that facility by the same class community or person who is inoculated by the political party has been started. As a result, those marginalized communities are in the same situation as they were before the promulgation of this constitution. Those who didn't need reservation or not, they chose safe seats of proportional elections and are currently enjoying the governance system without having to compete. Therefore, this constitution was promulgated to solve the problems of the class and to end the class discrimination, when they are not able to use the facilities, is there any other option left but to rebel?

In this article, I do not want to name any particular person, but as an example, if you look at the list of the incumbent members of the House of Representatives or Provincial Assembly who won in the order of priority for election by the main political parties in the House of Representatives elections held last year 2079, the reservation seats for women, Khas-Arya, tribal tribes or Madhesi Let's look at the list of people who have fallen. How many people are economically, socially or educationally backward or financially disadvantaged Khas-Arya as defined by Article 42 of the Constitution? Probably ninety percent of the MPs elected under that cover are capable themselves or they are not economically, socially or educationally backward.

They have forcibly taken away part of that class. Individually, they may be competent, qualified and talented, but by taking away the part of the class defined by the constitution and taking the part for which another class community needed it, the reservation seat has been secured in the constitution obtained as a result of the last people's revolution, it is within constitutional ethics to forcibly take away their part. Matter or not?

Most of the MPs in the proportional list or most of the employees using reservation seats in government services belong to the eating category. Does state power belong only to elites and communities? The Supreme Court of India and even our Supreme Court have defined the persons who take unconstitutional benefits under the guise of power as Tarmara class. Today, even in our country, the state power of the party, the country or the employees is being captured under the control of the same elite class.

Reservation itself is only a temporary means of empowering and empowering marginalized communities to compete with others. Reservations give less importance to merit and ability and to belong to a reserved group is considered the first right. But it is a universally accepted fact that reservation is given for a limited period to the class communities who are deprived due to the state power or due to social or cultural reasons during the period of history.

Adopting the same belief, the constitution of Nepal has also adopted the system of reservation and proportional election to uplift the target class. But if the facility distributed to the target class community is taken over by the Tarmara class, then the constitutional provision to uplift the target class is considered to have been defeated. UML, which is a companion of the people's movement and claims to have a socialist philosophy, will dare to correct the unconstitutional practice of the past when the two parties misused the proportional and inclusive quota and defeated the constitutional purpose at this time when the Congress has a strong majority?

class matter and reality

Communists in Nepal, like communists around the world, explain themselves as a representative party of the proletariat, laborers and workers, peasants, and this language is written in their statutes or other documents. But have the communist parties of Nepal today, as he claimed, established themselves as representative parties of that class?

As stated in Article 42 of the Constitution, have they kept only the economically, socially or educationally backward or financially disadvantaged communities in a proportional quota? The answer to this burning question must be sought from the leadership by the leaders/workers of every party. Not only that, communists are initiated from the theoretical belief that every subject and event should be analyzed from a class point of view. But today, which communist party's leaders/activists dare to have a public debate about the practice of making policies, plans, programs or laws by analyzing them on a class basis?

What is class analysis and who belongs to which class Every Communist who subscribed before 2050 should have memorized the class analysis by Chinese leader Mao Zedong. After that, even those who do not know the full name of the party are at the forefront of using various service facilities by becoming a member of the Communist Party. But at least those who joined the party before 2050 are in the leadership of the current communist parties, so they cannot forget class, class analysis and class struggle even if they want to.

Have the parties led by such dismissed leaders taken into account class analysis and class favoritism in the recommendations or appointments or distribution of election tickets? As mentioned above, if you review the list of people who were recommended for proportional seats in the last election or the list of people who were appointed by that party in various bodies when they were in government, maybe the person who recommended them will feel ashamed. But the courage to ask this question is now disappearing among the Communist Party workers.

The building of an egalitarian society and the upliftment of the marginalized class community is not only a matter of communists, it is a common commitment of those who believe in capitalist economic politics or all the forces in favor of this constitution. But in practice they failed to implement that commitment and the representation and emergence of the Tarmara class was everywhere. In this situation where the pro-constitutional forces have violated the constitution and the constitutional purpose itself has been defeated, if this government has the courage to revive the constitutional system in its implementation, if this government has the courage to amend the law in principle and follow the constitution in practice, there will be no need for the target community to revolt. Otherwise, sooner or later, another social upheaval is certain.

Nepalese people do not want to revolt again and again and this is not a matter of desire but the oligarchy is served by defeating the constitutional purpose through continuous unconstitutional practice, then rebellion is the right of the people. Therefore, before the next election, the basic law should be amended to specify the basis and criteria for the cluster created by Article 42 of the Constitution, and arrangements should be made to include only the class communities recognized by the Constitution in the proportional list or to compete in the reserved quota. If not, it is certain that the constitutional basis of federal democracy will be undermined by the continuous upliftment of the Tarmara class.