In global constitutional practice, 'constitutional crises' occasionally arise. A constitutional crisis is considered to be the absence of a clear provision for resolving a problem within the constitution and the inability to provide a constitutional solution.

Constitutional crises are basically caused by various reasons such as conflicts between constitutional organs, creation of a situation of non-recognition of the constitution, rebellion against autocracy, revolution, people's movement. Along with the origin of any problem, there are also solutions to it. Many problems are caused by human causes and solutions are also found by humans. When studying world constitutional practice, it is found that the exit from constitutional crises has been through various measures such as political consensus, judicial decisions, and formal amendment of the constitution. The crisis can be resolved through positive thinking and creative cooperation.

The constitution itself is not complete. The constitution cannot even foresee a clear system to solve all problems. Therefore, the constitution is given dynamics through timely amendments, healthy constitutional practice, and judicial interpretation. The constitution is also the law of laws that provide the way to run the state, that is, the main law. It provides legitimacy to the functioning of the state. The constitution is constructed as a political product against the background of historical context and specific events. The constitution establishes sustainable peace and provides the basis for development, good governance, and prosperity. The constitution itself cannot give wisdom and discretion.

If undemocratic and autocratic behavior occurs in the implementation of a democratic constitution, then the democratic constitution is also in crisis. Although the 1919 constitution of Germany was democratic, the world was devastated by the rise of autocratic rule after Hitler's rise to power through the electoral process. Similarly, despite the constitution being democratic, some countries of the world, including Hungary, Poland, the Philippines, and Venezuela, were plunged into conflict for a long time due to undemocratic behavior. For a constitution to be vibrant and dynamic, the bodies created by the constitution must be able to provide results to the people through effective performance within constitutional limits.

In some countries of the world, constitutional democracy is in crisis due to the arbitrary behavior and undemocratic behavior of the rulers formed under democratic constitutions. For the vitality of a democratic constitution, it is necessary to be able to operate the governance system in accordance with the concepts of constitutionalism and limited government, as stated by political scientist John Locke. Only when the general public can directly experience the rule of law, good governance, development and prosperity, public trust in such a constitutional system increases and the constitution becomes institutionalized. Nepal should not continue to be a 'laboratory' for constitution-making and the use of the governance system. In this regard, national unity with a national mindset is necessary through a serious review and analysis. Politics should be service-oriented.

Constitutional practice in the world 

There are various forms of constitutional practice in different countries of the world. Although the constitution is mainly made on the basis of politicism and philosophy, the social structure, economic situation, political situation, religious beliefs of the country have an impact on the contents of the constitution. Although the constitution made in the United States through the process of the Constitutional Convention in 1787 assimilated the principles of liberalism and provided for the separation of powers, balance of power and control to protect civil rights and freedoms, constitutional crises have arisen from time to time. Such constitutional crises have been resolved through amendments to the constitution and judicial interpretation, providing constitutional dynamics.

Although Britain has practiced constitutional democracy and adopted the rule of law after the glorious revolution of 1688, it has been resolving the constitutional crises that have arisen from time to time through political consensus through good traditions and healthy practices. France is practicing a mixed form of governance system through a constitution prepared by a commission to resolve the constitutional deadlock in the constitutional system created by the Constituent Assembly. Many countries in Europe have been implementing their governance system by creating a constitution based on the principle of 'social democracy'. India has been implementing a democratic system based on the principle of 'democratic socialism' with the constitution created by the Constituent Assembly in 1950 and has been improving it over time. China has been implementing a state system based on 'centralized democracy' and has been moving forward with some open policies over time. Japan is practicing a democratic system based on the constitution created by the American military General MacArthur after World War II. 

After the 1980s, many countries in the world have undergone a wave of democratization and even though constitutions have been made based on the same principles, the democratic system itself is in crisis due to the failure to develop democratic conduct, political customs and culture in practice. Democracy must be able to give results to the people. If a democratic governance system fails to give results, such a democracy can turn into a 'negative democracy' (democracy deficit). According to political scientists, for a democratic system to be successful, mutual harmony among political forces and effectiveness and patience in the performance of the bodies created by the constitution are necessary. A constitutional system must be able to provide good governance. If it cannot provide good governance, the legitimacy of governing itself will end. If political power is misused, disillusionment with such politics arises. In such a situation, radical reforms are necessary to restore the lost public trust in politics.

In newly democratic countries, although democratic systems have been established through revolutions, uprisings, and people's struggles, democratic systems are in trouble because the transformative forces do not have the ability to institutionalize change. A similar situation has been seen in Nepal since 2007. Politics has become like a job that extends the tenure and civil service administration has become a workplace for politics. A country without integrity in politics and professionalism in civil service administration cannot achieve prosperity. If politics is run through ideological science, that political system will be sustainable. Politics run through biological science cannot promote national interest and public interest. 

When governance is run under the influence of middlemen in the newly established democratic system, democracy is transforming into pseudo-democracy. If democracy is transformed into incompetence, corruption, and electoral system by distributing budget plans out of vested interests, burdening the country with excessive debt, instead of ensuring good governance in the country, the country will fail. The future can be ensured through politics that governs with good intentions and integrity by paying attention to these things. Only if new political forces can also work with caution on such matters can the political system be sustainable.

Nepal's practice

Nepal has drafted seven constitutions in seven decades. The constitutions could not come to life due to the failure to develop a constitutional culture. The people want prosperity from the constitution, if that does not happen, the constitution itself will end in a mass movement and uprising. Although the governance system in Nepal has been changing through mass movements and uprisings since 2007, the constitutional system has continued to change due to the failure to achieve political management and economic prosperity. After the armed uprising and mass movement in 2062/63, the desire to draft a constitution from the Constituent Assembly since before 2007 was successful, and the Constituent Assembly promulgated the Constitution of Nepal on Asoj 3, 2072 after spending a lot of time and effort.

The reasons for the constitutional crisis in Nepal are the influence of geopolitics, weak economic situation, increasing corruption, lack of good governance, impunity, declining loyalty to the state, expensive justice system, law being made for vested interests, and discriminatory use of law. There are similar reasons such as increasing unemployment, cumbersome service delivery, decline in honesty, 'corporatist' practices rather than democratic practices, expensive electoral system, misuse of proportional electoral system, partisanship in independent and autonomous bodies, weak education system, expensive health care, lack of accessible and quality services, and erosion of morality. No matter what promises and commitments are made in the manifestos and elections of political parties, the lack of work in line with them has led to erosion of trust in political parties and the government.

The Gen-G rebellion of 23 Bhadra 2082 is a product of the lack of good governance and increasing corruption. A constitutional crisis has emerged after the Gen-G rebellion. The dissolution of the House of Representatives and the exit of the then government are the results of the Gen-G rebellion. It seems that the interim government was not formed in accordance with the provisions of the constitution for the formation of the government, but was formed as a product of the rebellion in accordance with the 'principle of necessity' in the changed circumstances. The statement issued by the President on 28 Bhadra 2082, stating that a solution had been found in a very difficult and frightening situation in the country..., also reflects the current constitutional crisis. The political legitimacy lost due to the current constitutional crisis must be obtained through the support and approval of the people. As it has been ten years since the implementation of the Constitution of Nepal, it is necessary to review the Constitution and address the aspirations of the people through amendments. 

Solution to the Constitutional Crisis 

Although the Constitution of Nepal drafted by the Constituent Assembly made some important provisions such as the devolution of power, inclusion in the governance system, guarantee of basic fundamental rights, and adoption of the contents of the democratic system, the Gen-G rebellion demanded good governance in the country and a stable government through amendments to the Constitution as the practice was not healthy. To resolve the current constitutional crisis, the interim government is expected to take appropriate action to address the demands of the Gen-G rebellion. For this, the interim government needs to obtain the support and cooperation of the people by preparing an environment for elections and conducting appropriate work. Otherwise, the country will become more unstable and confused, and the constitutional system itself may fail. The following actions are necessary to resolve the existing constitutional crisis:

1) A certain article of the constitution cannot provide an easy way out of the current situation created as a result of the Gen-G rebellion. For this, a solution to the constitutional crisis must be sought with the participation of the Gen-G group and the trust of political forces. Politics must provide a solution. Politics that cannot provide a solution is not politics but apolitics. It is necessary for political forces to engage in healthy practices in resolving the constitutional crisis, keeping in mind the best interests of the country.

2) Since citizens are sovereign in a democratic system, if the existing state bodies are unable to provide a solution to the crisis, national issues must be resolved on the basis of a new mandate from the people.

3) If it is not easy to obtain the support of the Gen-G group and the trust of the people to resolve the existing political issues through other options other than elections, it is necessary for political forces to rise above their vested interests and forge a political consensus for a solution in this constitutional crisis.

4) While seeking a constitutional solution to the election, the following should be ensured:

(a) Create an environment that allows for maximum voter participation and the exercise of discretionary votes by adhering to the provisions of the Inter-Legislative Union Declaration for Free and Fair Elections, 1994;

(b) Create a situation where political forces can participate in the election,

(c) Provide strong security,

(d) Create confidence that a healthy, fair and dignified election will be held,

(e) Protect the right to vote of Nepali citizens living abroad.

5) Initiate the process of bringing those who have misused state power to illegally acquire undisclosed wealth to justice in order to address the demands of the Gen-Gs.

6) Take necessary legal action as soon as possible through a fact-finding investigation to ensure that evidence is not destroyed against the perpetrators of the incidents that occurred with excessive force during the Gen-G uprising.