The restructuring of the state could not be a matter of interest for the benefiting classes and communities regardless of the system, so there is a conflict between the governance behavior and the restructuring of the culture of Nepal.
The main agenda of all political and social movements after 2046 was the restructuring of the state. The structural change of the feudal system that is looting the people is to end the autocratic monarchy and establish a republic, to put an end to the unitary and centralized state and to practice the federal system of governance that reaches the people, because the majority of Nepalis have been deprived of the mainstream of state power due to the non-inclusive state structure, to establish an inclusive democracy with proportional representation of all castes, classes, genders and communities and on the basis of caste, gender, community, language, culture, etc. The main goal of state restructuring was to end all kinds of discrimination and establish a social order based on social justice.
Not only this, the political parties had committed to the restructuring of a progressive state with peace, prosperity and full democracy. This was the original intention of the 12-point agreement between the political parties to bring the Nepali state to the present system.
During the time of the Constituent Assembly, there were political debates and discussions on the major issues of state restructuring such as the form of government and federalism, but with the creation of the constitution, the issues of state restructuring have become anonymous. State restructuring is a continuous process, the transformation of the government system alone does not complete the task of state restructuring.
The state and political parties have no interest in the restructuring of the overall structure of the state, the transformation of the governing culture, the redistribution of ownership over economic resources, and the restructuring of the social-cultural and psychological levels. The parties are engaged in power sharing and wrangling leaving the journey of state restructuring in the middle, which has stalled the state restructuring as expected by the people.
Ruler and style are the same
After the practice of the republican system obtained from a great revolution and political struggle, the people expected a transformed government system. Naturally, after the end of the autocratic monarchy, the environment was prepared for a Nepali citizen to become the president. The person elected by the people has become the head of state and executive head. However, the people did not seek restructuring only in structure. Along with the restructuring of the state, the people also sought a transformation in the person, tendency and style of those holding power.
The king ruled by putting himself above the constitution and the people, therefore, it is expected that the leaders of the republic solve the problems of the people, take the lead of the progressive socio-political system, transform the economic life of the people and create a better society. What the people want is to create a state where they feel that the state is there for every sorrow, hardship and hardship.
Let there be an environment where all citizens can easily exercise their basic rights, no one should die of hunger, let there be an environment freed from poverty and lack, illiteracy and unemployment should not be rampant, there should not be a situation of untimely death due to lack of medicine, and a life with justice and self-respect. The people expected the same state power, governance behavior and style from the restructuring of the state.
Nepal's politics has not been able to rise above the cycle from power to power. Only after 2074 five governments changed. The government formed in this way did not restructure the style of government operation nor did they pay attention to restructuring the components of the state itself. Instead, he was transformed into a presumptuous ruler after assuming the leadership of power. He closed the ears of the people to hear their sorrows and sufferings. They reneged on their promises to the people and made lies and dishonesty a government culture.
made all the parts of the state the arena of party politics. Political appointees are appointed to the authority to prosecute the corrupt. The officials of the commission for conducting free and fair elections have political stake. Political affiliation is sought when appointing a judge to a court that is supposed to deliver fair justice. Traders are entrusted with the ministry. The construction of the development is entrusted to a qualified contractor.
This practice is continuing from Panchayat to Republic. On the other hand, there was no significant change in the people and trends that came to power. The traditional 'ruling elite', which has been enjoying power for the past 30 years and has failed time and again, has captured the perennial political leadership. Restructuring of the state could not become a matter of interest for this class and community, who continue to benefit regardless of the system, so the restructuring of government behavior and culture of Nepal has reached Rumlin in the middle. In order to break the story, the political parties have started discussing the socialist system in slogans. However, in practice, there is no sign that the major party is committed to the socialist system. At least an executive presidential system directly elected by the people can be a reform point for the transformation of such political system.
Such a president should be accountable to the people and the people's representatives and should not exercise autocratic power. It is necessary to practice the method of appointing subject matter experts or competent persons to the cabinet based on certain criteria, focusing on the role of parliamentarians in policy making. Without a cabinet with full proportional representation, which is a mandatory representation of the country's social diversity, it is impossible to restructure the real government structure and trends.
anti-federalism vote
An important issue related to the restructuring of the state is the establishment of a federal system of government. The essence of federalism is to decentralize the power and authority of the state to different units or provinces without centralizing it in one center. When state power and authority are distributed and shared, the provinces can identify problems and implement comprehensive action plans to address them. Not only this, it also contributes to the recognition and promotion of the caste, language, culture, etc. of the respective province, as well as to building a society with self-respect and justice.
Citizens' easy access to state power, proportional representation with respect for social diversity and the end of socio-cultural discrimination are interdependently intertwined with the federal system. However, various political parties and critics have started to question the federal system. In fact, the rise of anti-federalism means favoring unitary and centralized governance, rejecting social diversity or promoting authoritarianism and moving towards political regression. This is not only against the theoretical recognition of the restructuring of the state, it is in violation of the transformation achieved by the people's sacrificial struggle.
Why was the question raised against federalism? In this regard, there is not much debate and discussion in political circles. When federalism was debated in Nepal, most of the political parties were not in favor of federalism. The then CPN (Maoism) practiced federalism based on identity during the people's war, while the Madhesi, tribal tribes and marginalized communities strongly advocated for federalism. There was considerable political controversy over issues such as the basis of federalism, nominations and delimitation.
Federalism with seven provinces was implemented from the same conflict. It was taken as quasi-federalism by those who wanted federalism based on identity, while political parties that did not stand strongly in favor of federalism took it as a one-level compromise. As a result, no one could play an effective role in making federalism strong and effective. So much so that the Chief Minister, the Provincial Council of Ministers and the Provincial Assembly, who are in the main political roles of the province, do not seem to have much concern and interest in making the province stronger and more effective.
The task of state restructuring will not be completed until the implementation of an orderly and effective federal system. Therefore, a comprehensive political conference between the political parties of the state and the forces that fought for the establishment of federalism is the need of the day to identify the basic theoretical assumptions of the federal system, the challenges seen in practice and the methods to make federalism effective.
It helps to identify the errors in the formation of federalism or the weaknesses in the distribution of state power, the hopes and disappointments of oppressed communities, the problems seen in the practice of inclusiveness and the methods of improvement and the creation of a clear roadmap to make federalism effective as well as helping to make a concrete plan for implementation. Thus
After a serious review among the stakeholders and clarifying the future roadmap for the implementation of federalism, the rest of the task of restructuring the state will be completed only if it is not, if the expectations of the people are betrayed, then the state of Nepal will be recorded as a failed country in restructuring.
Restructuring of state machinery
The question of state restructuring is not enough by restructuring only one area. All the mechanisms of the state should be restructured. Bureaucracy is seen as permanent government. Along with the restructuring of the state, the issue of restructuring in the bureaucracy should have been taken as an important agenda. But this agenda was completely ignored.
What kind of qualification, ability and knowledge should be required in the employees for the federal system? How to restructure the trained staff from a unitary and centralized structure and mentality? What will be the federal structure of the bureaucracy? What will be the staff recruitment process? How to prepare or mobilize expert manpower according to the characteristics and needs of the province? There has been no serious discussion on such important issues. Bureaucracy with a centralized, unitary structure and mentality does not strengthen federalism, therefore the restructuring of the bureaucracy is a necessary condition for the restructuring of the state, the state and political parties must work in this direction.
Easy access to justice for people is another important part of state restructuring. The system of judicial committee in the local government has made it easier for the people to access justice to a certain extent, however, without the restructuring of the entire justice sector, the possibility of creating an environment where the classes and communities with weak economic and social status can access justice is very weak. Restructuring of the courts is necessary for a judicial system that allows people to have easy access to justice. However, there seems to be no debate on the restructuring of the justice sector in order to solve the complexity of Nepal's courts, judicial process and lack of access to justice.
The judicial body that is supposed to hold the state accountable for the implementation of constitutional and legal provisions is itself inadequate. For example, one can look at the situation of inclusion in the court. The dominance of Khasarya in the courts of Nepal still remains. This community has 71.43 percent representation in the Supreme Court, 78 percent representation in the High Court and over 90 percent representation in the District Court.
The Dalit community has 2.5 percent representation in the High Court and 1.14 percent in the District Court. For the first time in the history of Nepal, Ratna Bahadur Bagchand from the Dalit community has been appointed as the Chief Justice of the High Court, while in the 71-year history of the Supreme Court, not a single Dalit has been appointed as the Supreme Court judge. If the situation of incorporation is serious in the courts that implement the country's constitution, the courts lose their moral standing to hold the state accountable.
From the point of view of state restructuring, so far the state has been transformed into a form of government. The practice of federal political system has led to some degree of restructuring in the political mantle. However, the restructuring of the entire state is impossible without restructuring all the organs and components of the state power. Not only the structure of the state, but the entire education sector, the economic system and the socio-cultural sector need radical transformation.
Individuals and communities have inherent discriminatory thinking, thinking and behavior that needs to be restructured. Therefore, to end all kinds of differences and leave the restructuring of the state to build a better Nepal is to betray the people's need for progressive transformation, political parties and leadership are not allowed to run away from the state restructuring agenda.
