The constitution was promulgated in 2072 BS, adopting the belief that a constitution made by elected representatives of the people is sustainable. The constitution promises socialism with liberal democracy.

The people entrusted the right to govern through elections to the political parties that issued the constitution. Even the majority government, the coalition government that kept changing parties from time to time, could not provide good governance in the country in accordance with the constitutional aspirations.

It is the natural right of the citizen to receive good governance. When the government failed to provide good governance, the government had to be removed from power as a result of the Gen-G rebellion. Going for a new mandate was considered the best democratic option to resolve the constitutional crisis that arose. For this, the dissolution of the House of Representatives and the formation of a non-partisan electoral government were held in the Constitution. The ruling major parties at that time adopted a dual policy of going to court for judicial redress, declaring the dissolution of the House of Representatives and the formation of an electoral government unconstitutional, and also participating in the elections. The country is currently engaged in elections on the basis that the existing constitutional crisis can be resolved through elections. The results of the elections do not necessarily mean that the constitutional crisis will end sustainably. The experience of world history and Nepal's own past behavior shows that the constitutional system will remain in crisis until there is sustainable peace, good governance, development and prosperity in the country.

The legal basis of power

The basic belief of constitutional democracy is that citizens are sovereign in democracy and that power gains legitimacy based on the citizens' mandate. Elections are the peaceful process of transferring power. In a democratic system, the work of political parties and the government is tested and evaluated through periodic and mid-term elections. Although elections are considered the main cornerstone of democracy, in a society where advanced civic consciousness and democratic culture are not developed, constitutional democracy cannot be institutionalized through elections alone. Political forces that engage only in the game of gaining power and power cannot make the constitutional system sustainable.

The democratic system will be vibrant only if political forces approved by the people can guarantee equality and justice, freedom, opportunity and happiness, and solidarity in the society. The government formed through elections should be committed to the work of national interest and prosperity with new thinking and strong willpower and be able to give the people a sense of good governance. Elections give the right to form a government based on mathematics. The process of formation based on mathematical numbers is only a technical aspect. The government's performance and behavior are what keeps the people's trust in the government intact. The right to remove a government that cannot provide good governance through performance and behavior lies with the people.

There is a wave of democracy in the modern world. Political systems are changing. A democratic system has been established by overthrowing autocracy through movements and rebellions. A constitutional system has been chosen to test and change power through periodic elections. Elections alone cannot solve the problems and challenges seen in constitutional democracy. The year 2024 is an 'election year', with elections held in 72 countries around the world. More than half of the world's population participated in the voting process. Just because elections are held does not mean that good governance and democracy are advanced in all these countries. If good governance and prosperity cannot be ensured in accordance with democratic values, such a system of governance will simply turn into an 'electoral system' instead of a 'democracy'.

For elections to yield results for the common citizen, an environment must be created in such elections that encourages widespread participation of citizens, is fair, impartial, inclusive, competitive, fearless, credible, and allows citizens to express their conscience. The will of the voters must be expressed through the integrity of the election. In newly democratic states, there has been a tendency to seize power and power by creating confusion among the voters through propaganda such as misinformation, misinformation, and violent expressions in order to manipulate the election in their favor based on the vested interests, influence, and dominance of a limited number of people. Elections held in such a situation cannot provide political stability and good governance. Today, in countries like Denmark, Norway, Finland, Switzerland, New Zealand, Canada, and Sweden, constitutional democracy has been institutionalized through a clean electoral process and good governance has been established.

The decline of democracy

Today, democracy has become negative in the newly democratic countries of the world due to a crisis. The situation of democracy is strong in countries like Norway, Finland, Iceland, the Netherlands, Switzerland, Denmark, Sweden, Canada, and Australia. In these countries, democracy has been institutionalized due to political stability through constitutional practice, strong relations between the government and the people, citizen involvement in the state system, protection of human rights, stability of the governing system, effective electoral system, and development of a transparent political culture.

In some countries of the world, democracy has been eroded due to the lack of constitutional culture. The reasons for this erosion include the unjustified capture of state power and authority by a limited number of people, growing economic inequality, widespread corruption and impunity, political polarization, ineffectiveness in the functioning of public bodies, weak judicial independence, and improper control over the media and social media. The undemocratic behavior of the elected government, abuse of power, improper exploitation of natural resources, political violence, and propaganda of ambitious plans have also led to the erosion of democracy and the constitutional system is in crisis. This trend has not been improved in Nepal either. Countries like Myanmar, Hungary, Turkey, El Salvador, Georgia, Tunisia, Afghanistan, Mali, Burkina Faso, Venezuela, and Nicaragua are in crisis due to the lack of democratic culture. The main reason for the erosion of democratic systems is the arbitrary behavior of the leadership class that exercises executive power.

The institutional development of democracy requires the creation of a democratic society. For this, a culture of law-abiding citizens, reduction in economic inequality, democratic conduct, judicial independence, effectiveness in service delivery, investment environment, employment provision, poverty alleviation, assurance of social justice and guarantee of good governance are necessary. When this does not happen, countries like Afghanistan, Angola, Burundi, Congo, Liberia, Sierra Leone, Sudan emerged as failed states.

Constitutional crises and deadlocks

Constitutional crises and deadlocks arise from time to time even in so-called democratic countries. The constitution cannot assess the problems that will arise in the future and make arrangements accordingly. The constitution can only provide the path, principles and direction. If the implementation of the constitution is done with good intentions, constitutional deadlocks can also be resolved through clean constitutional practice. It seems that constitutional crises and deadlocks have arisen from the autocratic behavior and arbitrary actions of those who exercise state power.

‘Constitutional crises’ mean that there is no provision in the constitution to address and resolve existing problems or that there is rebellion that does not respect the constitution. Similarly, ‘constitutional crises’ arise when organs and bodies encroach on each other’s jurisdictions that are divided and separated by the constitution. After the court ruled that all but 5 of the 130 ‘executive orders’ issued by US President Donald Trump were unconstitutional, the question of jurisdiction arose and disputes arose. In other countries, such questions have also arisen from time to time between organs of the state regarding jurisdiction.

Constitutional crises arise from reasons such as political forces’ agitations that do not respect the constitution, disobeying court decisions, or popular uprisings against the constitution. There are also examples where a constitutional crisis has arisen, even to the point of civil war, if the constitution does not address public sentiment. In many countries including the US, UK, France, Congo, Belgium, Sri Lanka, Bangladesh, etc., constitutional crises and deadlocks have emerged due to power struggles. Nepal is also currently facing a constitutional crisis as a result of the Gen-G rebellion. The country is focused on resolving this crisis through elections.

Nepal's constitutional practice and elections

Although Nepal has initiated a constitutional system to govern the state through a constitution since 2004, previous constitutions could not survive. The constitution promulgated by the Constituent Assembly in 2072 also faced a crisis due to the Gen-G rebellion of 23 and 24 Bhadra. The problems, challenges and crises in Nepal's constitution and democratic system are due to corruption and impunity, unequal distribution of wealth, decrease in productivity, increasing unemployment, lack of investment attraction, poverty, limited individuals and middlemen's grip on state power and power, political intolerance and instability, and geopolitics.

Nepal is ranked 7th in the list of democratic systems among Asian countries. Due to the lack of good governance, the youth uprising in Sri Lanka in 2022, the uprising in Bangladesh in 2024, and the Gen-G uprising in Nepal were all caused by widespread corruption. If the security of the nation and the people, the ability to resolve disputes and conflicts in a timely manner, the rule of law, the protection of property rights, economic progress, social security, and justice are not ensured, the country will fall into a constitutional crisis and the state will fail.

The country focuses on elections to solve problems. With the aim of increasing people's participation in governance through the electoral process and providing legitimacy to the governance system, the first Kathmandu 'municipality' election was held in Nepal in 2004 BS. In 2010, the Kathmandu Municipality election was held by granting women the right to vote. Parliamentary elections were held in 2015, referendum elections in 2037, parliamentary elections in 2048, 2051, and 2056. Elections to the representative, provincial assemblies and local levels have been held since 2074. However, democracy has not been institutionalized.

The reasons for the failure to effectively implement the Constitution of Nepal are the expensive electoral system and the inability to elect qualified and capable people, persistent political instability, the tendency to centralize state power, lack of good governance, increasing corruption and impunity, unstable government, the tendency to protect the bad, and undemocratic behavior. Elections alone cannot ensure good governance until such trends are improved.

Electoral government and responsibility

The electoral government formed after the Gen-G uprising does not have the authority to make decisions that will have a far-reaching impact on the nation. It must act in accordance with the demands and sentiments of the uprising and gain political legitimacy from the people's trust. A non-partisan government whose main responsibility is good governance and holding elections. The ministers who joined the so-called non-partisan government did not deviate from their responsibilities and did not bear legal and moral responsibilities by forming a party, joining a party and becoming candidates in elections. When previous governments are accused of violating 'constitutional morality', it cannot be considered a healthy practice for ministers who joined the electoral government to follow the same path.

For the stability of a democratic system, governance should be guided by morality, social values, and the rule of law. If politicians keep changing parties frequently, are ideologically void, lack honesty, and are immoral, people's trust in politics and the government is broken. If there is a mindset and behavior to kill the state power by any means, the system cannot be sustainable. Politics based on moral values ​​will gain legitimacy.

चुनावी सरकार गठनका सम्बन्धमा संवैधानिक र वैधताका सम्बन्धमा विभिन्न प्रश्नहरू उठिरहेको सन्दर्भमा तोकिएकै मितिमा निर्वाचन सम्पन्न गरी जनप्रतिनिधिलाई सत्ता हस्तान्तरण गर्नु नै संवैधानिक संकटको संवैधानिक निकास हो ।