It does not mean that the provisions of the constitution are not citizen-friendly or that the citizens did not get any facilities after the constitution. Citizens have become very close to the governance process. It has reached the Singha Durbar, that is, the local level. Most of the work related to the state is now done by the municipalities and wards.
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The Jen-G movement of 23 and 24 August has made it practically clear that the country cannot move forward with only the literal and traditional interpretation of the Constitution. Due to the flexible interpretation of the constitution, Sushila Karki has become the Prime Minister with the mandate to hold the House of Representatives elections on February 21.
Even if the current constitution is successful in giving a political solution to the big movement led by Jain-ji, there is still confusion whether it can withstand the political pressure in the coming days or not. Because, with the new generation, new political agendas have started coming into the debate.
It is difficult to say what form it will take in the future and how much pressure it will create on the articles of the constitution. What is clear is that ten years ago, the constitution of IA, which was accepted as a document of the then balance of power, has now increased the need to adapt itself to the new generation and the pace of time.
The political aspiration of the people's representatives to write the constitution was fulfilled in the year 2072. The first Constituent Assembly formed through the election of 28th March 2064 was dissolved on 14th May 2069 after it failed to issue a constitution. The second Constituent Assembly formed after the election of November 4, 2070 was able to issue the constitution on October 3, 2072.
The constitution that was released after facing the internal differences and geopolitical pressure at that time was being accepted by all the political forces in recent years. Therefore, it was analyzed that the constitution is also becoming stronger. But any kind of movement or rebellion is not envisioned in the constitution, and there is often no way to get rid of the agenda that comes in impulsively through them.
At that time only a flexible interpretation or amendment of the constitution would get a political solution, the constitution is life. The current situation is similar. Mainly, the amendment of the Constitution is now certain to rise to the center of the national debate.
It is mentioned in the constitution that some issues will be reviewed in 10 years. In particular, Article 265 states that the Federal Parliament shall review the commissions provided for in Part 27 of the Constitution every ten years. This provision also establishes the justification for review in other articles and provisions of the Constitution. Even in this period of ten years, all the articles of the constitution have been used and their strengths and weaknesses have come to the surface. It is advisable to correct
weaknesses early. That alone will make the constitution more robust and flexible. On the other hand, the aspirations of the Nepalese society have also undergone extensive changes. It is necessary to give it a constitutional shape. At least the new aspirations of Nepali society should be reflected in the constitution.
The topic of constitutional amendment has not been raised before. On June 17, 2081, the Congress-UML agreed on the power alliance, but the amendment of the constitution was a priority. But for more than a year they postponed their agreement. No effort was made.
They were not calling for constitutional amendment to address the greater interests and new aspirations of the country and society, rather they intended to develop constitutional provisions that would help them and their party to rule only.
It was certain that it would not benefit the society but increase idolatry. Even now, the subject of constitutional amendment needs to become a political agenda. Constitutional amendment should be made the main agenda to ensure greater welfare in society and politics. The agenda and process of constitutional amendment should be followed by the time. must be assimilated. Now the traditional interpretation, understanding and practice of the Constitution cannot keep pace with the pace of society.
On the one hand, it is necessary to include the new agenda of the new generation in the constitution, on the other hand, the question of the implementation of the rights given by the constitution is also important. Article 16 to 46 of the Constitution provides for fundamental rights. But they have not been fully implemented. For example, Article 30 enshrines the right to a clean environment.
In this article, it is said that every citizen will have the right to live in a clean and healthy environment and the victims of damage caused by environmental pollution or degradation will have the right to receive compensation from the polluter according to the law. Similarly, Article 33 provides for the right to employment. In that article, it is said that every citizen has the right to employment and the terms, conditions and unemployment benefits of employment shall be in accordance with the federal law. But for ten years neither the right to a clean environment nor employment has been established.
When such civil rights, which should be implemented urgently and urgently, are not implemented, adherence to the constitution cannot be strengthened. Answers like 'laws not made', 'regulations not made', 'ifs and buts' cover up the weakness of the ruler and cannot make the citizens happy. Therefore, if the constitution is to be made long-lived, at least the citizens should be able to realize the rights given by it.
It does not mean that the provisions of the constitution are not citizen-friendly or that the citizens did not get any facilities after the constitution. Citizens have become very close to the governance process. It has reached the Singha Durbar, that is, the local level. Most of the work related to the state is now done by the municipalities and wards. Citizens can express their concerns to their nearest government immediately and get them addressed.
The daily administrative operations are carried out from the ward. The local level can do things like local taxes, management of local services, basic and secondary education, basic health and sanitation, market management, local road to irrigation, management of senior citizens, disabled people and the disabled, disaster management, preservation and development of language, culture and fine arts.
The relationship between the citizens and the state has also become tighter in the ward or municipality. The province has played a role in increasing the geographical and identity of its citizens. The provisions are good and the citizens have benefited during the exercise. It should be made more effective. This is how the constitution can be used in favor of the people.
