In order for the country's constitution to be alive, the people's faith in the constitution and the corresponding loyalty and conduct of those who administer the government must be there
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Constitution is the basic law that guides the state. The constitution organizes and regulates the structure and working system of the state. The constitution establishes the relationship between the state and citizens while protecting the rights of citizens. The purpose of making the constitution is to achieve prosperity by maintaining the diversity in the society and maintaining national unity.
As the constitution binds everyone to the formula of unity, everyone has adoption and acceptance. It is through the people's faith and trust towards the constitution that the constitution will be alive and dynamic and the institutional development of the constitution will take place. From the 19th century in the world, the process of creating a constitution as a written document of people's consent was started. Even before this, although the constitution was not written in a single document, various forms of political practice and constitutional practices were in practice.
Modern states along with the development of society along with the development of science and technology, the improvement in people's consciousness, the development of different ideas and ideologies, with the intention of uniting everyone to prevent the society from being divided, started the constitutional practice of running the state system based on that. Today, different forms of constitution based on different ideologies are in use in different countries of the world. The constitution is basically based on liberal democracy, social democracy, accepting democratic socialism, and focusing on the principles of communism and socialism. Adopting the characteristics of self-determination, nationalism and traditional forms, improving relativity and practicing the constitution and constitutional system are in vogue. It seems that the constitution has been institutionalized in a society with mature political culture, conscious citizens, advanced economy, quality education, active political activities based on ethics. Some countries are still becoming a laboratory for constitution making and a testing ground for political systems.
Nepal has practiced 7 constitutions since 2004. But due to not being able to achieve constitutional stability, the work of prosperity has become a challenge. The idea that the constitution should be made by the Constituent Assembly came before the year 2007 because the people's adoption of the constitution made by the Constituent Assembly is sustainable. In the background of the people's movement of 2062/063, the Constitution of Nepal made by the Constituent Assembly has been implemented since the 3rd of August 2072.
The flexibility and implementation of the constitution
The constitution of Nepal was issued as a product of the historical people's movement, armed struggle, sacrifice and sacrifice made by the Nepali people time and again for national interest, democracy and progressive change. The constitution has resolved to build an egalitarian society based on the principles of proportional inclusion and participation to ensure economic equality, prosperity and social justice. Similarly, the constitution aims to fulfill the aspirations of sustainable peace, good governance, development and prosperity through the federal democratic republic governance system.
The main features of Nepal's constitution are the people's competitive multi-party democratic governance system, civil liberties, fundamental rights, human rights, and adult suffrage. Similarly, there are also features with determination to build a prosperous nation by committing to periodical elections, full press freedom, independent, fair and competent judiciary, rule of law and socialism based on democratic values.
Nepal is multi-ethnic, multi-lingual, multi-religious, multi-cultural, and geographically diverse, with the aim of joining the formula of unity while believing in national independence, geographical integrity, national interest and prosperity. The constitution has adopted the principles of inclusion, separation of powers, balance of power and control as well as the guarantee of various kinds of fundamental rights and human rights. Nepal's sovereignty, geographical integrity, independence and other things except the sovereignty of the people have adopted the form of changeability. It seems that the characteristic of the Constitution of Nepal is the protection of diversity, the adoption of inclusion, and the goal of addressing the timely public aspirations for the institutional development of the Constitution through change and flexibility.
The Constitution of Nepal has been promulgated and its implementation is approaching ten years. During this period, it is necessary to ensure the future of Nepal and the Nepalese people by reviewing, analyzing and reviewing the achievements and the problems and challenges that have arisen from the implementation of the constitution.
Those who run the state must be serious about the laws that are required to be made in time after the constitution is made, the subjects of the constitution should be brought to the people and promotional activities should be done and the strategies and plans that should be adopted to face the challenges that have appeared and may occur in the constitution. Constitutional democracy can be dynamic only if we can be active in increasing people's acceptance and adherence to the constitution by performing similar actions. Democracy becomes negative if the political forces continue to engage in power-centered mathematical games rather than fulfilling constitutional desires and aspirations. Quantitatively, the condition of good governance is weak and the legitimacy of ruling is questioned.
After the promulgation of the Constitution of Nepal, political federalism is being implemented. Union, state and local governments are formed through the process of periodic elections. In accordance with the provisions of the constitution, according to the principle of inclusion, there is a provision for representation of all in the state system. It is necessary to fully implement this system and create a sense of belonging for everyone. Although there are some positive conditions such as the creation of an open society, freedom of thought and expression, the status of transfer of power through the election process, and achievements in the construction of physical infrastructure, the improvement in the standard of living of the common people and the state of good governance are not satisfactory. The election system alone cannot prevent and control corruption, ensure the country's prosperity, good governance, sustainable development, and human rights. For this, strong political will, sacrifice of constitutional ethics and politics of integrity, strong and dynamic political leadership are required.
In order to solve the problems and challenges that have arisen by collecting the achievements achieved during the implementation of the Constitution of Nepal, it has been seen that the following issues need to be improved, amended and modified based on the national consensus.
a) The practice of the election system adopted by the constitution of Nepal could not strengthen the possibility of forming a majority government, due to which political instability would remain, the state of good governance would be weak and the election system should be reformed to prevent distortions such as manipulation of middlemen. There is a need to improve the electoral system to make proportional election system more useful and to solve problems like unproductive expenses and unhealthy competition in elections. When reforming in this way, based on the principle of sexuality, the electoral system should be reviewed in such a way that the principle of inclusion including the proper representation of women in the state system is protected.
b) The constitution mentions the single rights and common rights of the union, state and local level in the schedules of the constitution. The single rights are also overlapping and there is no clarity in the implementation of the common rights, so the list of such rights should be clarified.
c) As the constitution has not been implemented as expected, the existing situation should be reviewed to fully implement administrative federalism and financial federalism.
d) The states say that the union has not fully supported the role of the state level. On the other hand, the structure of the 3-level government means that there is duplication of work and administrative expenses have increased excessively, so the role and form of the province should be reviewed.
e) There is a situation where the geographical boundaries and numbers of local governments should be reconsidered.
f) To make the role of the National Assembly stronger and more effective, it seems that there should be a review of the issues of formation, representation system and rights.
) To make the judiciary competent, fair and independent, there is a need to remove the provision of the Chief Justice in the Constitutional Council and to review the structure of the Judicial Council to minimize the influence of political persons in the Judicial Council, as well as to reconsider the jurisdiction of the court.
h) Article 265 of the Constitution of Nepal states that inclusive nature commissions are to be reviewed after 10 years from the date of commencement of the constitution In the context of
, the need and justification of those commissions will have to be reviewed after necessary study in that regard.
j) Since the creation of the constitution is a result of political work, political questions should be settled at the political level and the legal path of amendment should be followed.
In order for the constitution of any country to be alive, the people's faith in the constitution and the corresponding loyalty and conduct of those who administer the government must be there. The constitution only shows the way, it cannot give wisdom and conscience. The common people do not look at what is written in the article of the constitution, they look at whether the water came from that article or not. In other words, based on whether or not the constitutional system has improved the standard of living of the citizens, people's trust and adherence to the constitution will increase. Since the formation of political parties is the purpose of building a prosperous country by improving the living standards of the people, political parties and political leadership should have the same thinking, behavior, loyalty and sacrifice. If the act of disobeying the constitution, breaking the constitution, killing the executive power in any way is done, then it is not a democracy, but a pseudo-democracy. Therefore, standing on the foundation of constitutional ethics, political forces should be able to provide efficient leadership. Prosperity cannot be achieved if the country always remains as a testing ground for political system and constitution making.
– Dahal is a constitutional scholar.
