The democratic system can be revitalized if the new government develops the habit of working within the bounds of constitutional morality.
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The election, which was supposed to be held in 2084, was forced to be held in 2082 due to the Gen-G movement. Almost all political parties and even the defeated candidates have accepted the election results. The development of a culture of accepting the election results in a democratic system is certainly a welcome thing. Respecting the people's votes and mandate is the most beautiful aspect of democracy.
In a country like Nepal that has not had a long democratic practice, corruption and misrule have flourished due to the tendency of rulers to violate constitutional ethics. If the new government to be formed develops the habit of working within the bounds of constitutional ethics, the democratic system can be revived. No matter how ambitious dreams political parties and candidates have shared with voters through their election manifestos/pledges, voters did not seem to believe the old parties that much. Past behavior has failed to instill confidence in the voters in their election promises. New political parties have given room for doubt in their belief that they will implement their election promises. If new political forces limit themselves to the same promises as the old ones, the voters' trust may waver. Parties and representatives who have received the mandate should keep this aspect in mind and work in a result-oriented manner. In a democracy, political parties are tested through periodic or mid-term elections.
Elections transfer power and select the successor to the government. In a democracy, the formation and exit of the government is determined by the number of representatives. Although it is said that the parliament controls the government, in practice the majority government controls the parliament itself. If the parliament tries to control the government, it goes as far as dissolving the parliament itself. Political parties have tried to suppress the conscience of the people's representatives by using the whip indiscriminately.
This kind of practice makes the parliament a place for innocent and gossipy people. A democratic constitution should be able to develop a culture of working within the bounds of constitutional ethics, including the effectiveness of the parliament, the accountability of the government, and the impartiality of the judiciary, in order to give results and rewards to the people. Constitutional ethics is the development of a culture of constitutionalism and adherence to the rule of law and the law.
In a country like Nepal that has not had a long democratic practice, corruption and misrule have flourished due to the tendency of rulers to violate constitutional ethics. If the new government that will be formed develops the habit of working within the framework of constitutional ethics, the democratic system can be revived.
In the context of Nepal, constitutional ethics includes issues such as competitive multi-party system, civil liberties, periodic elections, full press freedom, independent and competent judiciary, and the rule of law, and the culture that follows them. If a culture of working by following these principles is not created in practice, such a democracy will only turn into a 'pseudo-democracy'.
Although the constitutional arrangements of various countries in the world are democratic, the countries are trapped in conflict when the behavior and working style are undemocratic. Some countries are becoming 'laboratories' of constitution-making. A democratic constitution expects rulers to exercise state power on the basis of constitutional ethics.
The size of a constitution does not mean that it is democratic or not. It does not mean that a large constitution will create a prosperous country. It does not mean that a small constitution will not achieve prosperity. The constitution drafted by the United States at the Philadelphia Conference in 1787 is a brief 7,500 words. It has achieved prosperity on the basis of that constitution and is a powerful nation on the world map.
Nepal's constitution is declarative in nature. To implement declarative matters, the state needs to be advanced in terms of economic vision and governance behavior. In France, the constitution drafted by the Constituent Assembly in 1946 after World War II could not last long. Finally, the constitution prepared by the commission in 1958 is being issued and is moving forward on the journey of prosperity through the practice of a mixed form of governance system.
Therefore, for constitutional democracy to be vibrant, the constitution itself must be concise, concise, clear, have a character of performing work based on constitutional ethics, the state's ability to raise the living standards of the people, and the people's strong attachment to the constitution.
Constitutions have failed due to the inability to manage politics even after the changes in Nepal. The constitutional system has not been able to yield results because it has been practiced as a center for employment for the unemployed rather than developing a culture of good governance and prosperity. Rather, it has led to a disillusionment with politics itself. The elections held due to the Gen-G rebellion have given a large number of votes to new political forces to institutionalize change. The new government has an important task to translate the aspirations and desires of the Nepali people into practice.
Amendment of the Constitution
Since the discussions in parliament on the budget take up a lot of time, there is no amendment at all from the issues raised, and they are passed by a majority, there is a need for a comprehensive amendment to the rules of parliament to end the long ritualistic process and make the discussions result-oriented. An important aspect of Nepal's constitution is its ability to accommodate flexibility and changeability. The list of issues that cannot be amended in the 'basic structures' of the Indian constitution and the Constitution of the Kingdom of Nepal, 2047, was quite long. In the context of Nepal, according to that constitution, systems such as the parliamentary system of government and constitutional monarchy could not be amended by the constitution.
The current constitution has made provision for amendments to issues other than the sovereignty, territorial integrity, independence and sovereignty vested in the people of Nepal. The constitution accepts the provision for amendments to the constitution to address variability on the basis that each generation can choose the system of governance that suits them. In the context of the implementation of the Constitution of Nepal, it is necessary to review the constitution and address contemporary issues.
The government being formed after the elections due to the Gen-G rebellion and the agreement reached with the Gen-G representatives have mentioned some issues of constitutional amendment. Which is the responsibility of the new government. To address the issues raised by the Gen-G rebellion, the constitution and legal system should be improved. Similarly, the issues mentioned in the election manifesto and the agreement with the people should also be implemented.
The issues of constitutional amendment include reforms to the electoral system, issues of the structure and jurisdiction of the National Assembly, reforms to the structure of the Constitutional Council and the Judicial Council, review of inclusive commissions, and restructuring of the state.
Similarly, since the issues mentioned in the schedule of the constitution that are divided into levels of state power overlap, it seems that there are issues that need to be clarified, and that action should be taken against 'improper actions' for good governance. There is also a responsibility to create an environment of consensus among the existing political forces to make the amendment of the constitution more acceptable.
Ensuring good governance
Although the Constitution of Nepal has resolved to fulfill the aspirations of sustainable peace, good governance, development and prosperity, the Gen-G rebellion has occurred because the previous governments have failed to provide good governance. Nepal has been in a weak position in the corruption index and the rule of law. The burden of foreign debt is also increasing. Corruption is rampant in matters such as physical construction and procurement.
The main objectives of the current election are to prevent and control corruption in the country, ensure good governance, and maintain effectiveness in service delivery. For this, it is necessary for the new government to immediately initiate work such as investigating the assets of corrupt individuals, prosecuting those who have acquired their assets illegally, and making clear legal provisions for action against improper acts, thereby sending a message that the government is active on the path of good governance.
Since the issue of 'conflict of interest' also falls within the scope of corruption, good governance must be guaranteed through the formulation of clear laws related to it and their effective implementation. Similarly, to make constitutional bodies independent, autonomous, impartial, and effective, it is necessary to end the past party-based division and create a system for appointing qualified and competent persons.
In order to fulfill its obligations as a state party to the United Nations Convention against Corruption, 2003, it is necessary to accelerate work such as legal reforms, structural reforms, mutual assistance and cooperation. It is necessary to make the monitoring work of parliamentary committees more effective and ensure good governance. Similarly, the issues pointed out in the reports of the Commission for the Investigation of Abuse of Authority, the Auditor General and the Public Procurement Office should be effectively implemented to make the citizens' right to good governance meaningful.
Reform in the procedural process
The law-making process is very complex, cumbersome and long. The government should make an action plan to simplify the consent obtained from various ministries, and to finalize the bills presented in each session by both houses of the same session and implement it.
Similarly, since the discussion within the parliament on the budget takes more time, there is no amendment to the issues raised, and it is passed by the majority, a comprehensive amendment to the rules of parliament is necessary to end the long procedural process and make the discussion result-oriented. Similarly, since parliamentary hearings are seen as mere rituals, the appointment and hearing process of constitutional bodies needs to be improved.
To make parliamentary oversight effective, there should be a legal system that makes the instructions given on the basis of detailed studies mandatory. Similarly, it is necessary to improve the law-making process by immediately passing the laws necessary to implement the constitution and the bills under consideration. By developing a system for budget allocation in an objective manner, the tendency for MPs to rush to the ministries and the Planning Commission to allocate more budget to their areas can be ended. If MPs can be provided with more time to make laws and do parliamentary work, the situation of not reaching a quorum in the parliament meeting can be improved.
Reform in personnel administration
The permanent government of the state that implements the law and provides efficient services is the bureaucracy. Nepal's bureaucracy is of a ghost type. Rather than focusing on working in the national and public interest, it works by looking at its own personal profit and loss. It has a style of avoiding responsibility rather than shouldering responsibility. Due to the fact that political parties have opened their own party employee trade unions, the administration mechanism is not clean and impartial, and there is a decline in professionalism in employee administration.
Due to their own vested interests, even after 10 years of the promulgation of the constitution, the Civil Service Act on employee administration has not been enacted. Neither political parties nor the government seem to have been able to organize the employee trade unions.
प्रशासन सुधारका सम्बन्धमा पटक–पटक उच्चस्तरीय आयोगहरू गठन गरी प्रतिवेदनका चाङहरू देखिए पनि राजनीतिको इच्छाशक्तिको अभावका कारण सुधार गर्न सकेको देखिन्न । अबको कर्मचारी प्रशासन परम्परागत रूपमा नै चल्ने प्रकृतिमा व्यापक सुधार गरी जनमुखी, नतिजामुखी र परिणाममुखी बनाउन प्रशासनिक पुनःसंरचना गर्नु आवश्यक छ । भद्दा संरचनाहरू खारेज गर्ने, एकद्वार प्रणालीबाट सेवा प्रवाह गर्ने, कर्मचारीको पदस्थापना, सरुवा, बढुवा र वृत्ति विकास अनुमानयोग्य बनाउने र कार्यसम्पादन मूल्यांकन वस्तुगत एवं वैज्ञानिक बनाउन सोहीअनुरूपको व्यवस्था गरी निजामती सेवा ऐन तत्कालै जारी गर्नुपर्ने नयाँ सरकारको कार्य जिम्मेवारी रहेको छ । यस्तै विद्यालय शिक्षासम्बन्धी कानुनलगायतका आवश्यक कानुनहरू अविलम्ब जारी गरी प्रशासन, शैक्षिक, न्यायिकजस्ता संवेदनशील क्षेत्रहरूमा समेत दलीयकरण गर्ने विगतदेखि चलेका अस्वच्छ प्रवृत्तिलाई अन्त्य गर्न आवश्यक छ ।
निर्वाचन परिणामको सन्देश
यस निर्वाचनको परिणामले लोकतन्त्रलाई संस्थागत गर्न केही सकारात्मक सन्देश दिएको छ । राम्रो काम नगर्ने, सुशासन नदिने, आफ्नो वर्चस्वको अहंकार र दम्भ राख्ने प्रवृत्तिलाई जनताले रुचाउँदैनन् भन्ने सन्देश दिन सफल भएको छ । संकुचित सोचबाट मतदान गर्ने विगतको परिपाटीलाई अन्त्य गरी राष्ट्रिय एकता र विचार विज्ञानबाट ऐक्यबद्ध गर्ने सोचको विकास हुँदै गएको जस्तो देखिएको छ ।
लोकतान्त्रिक व्यवस्थामा सबै वर्ग, समुदायको उत्थान, विकास र सशक्तीकरण हुन आवश्यक भए पनि संकुचित घेराभित्र सीमित भई समाजलाई नै विभाजन गर्नेजस्तो प्रवृत्तिले राष्ट्र बलियो नहुने तथ्यलाई मतदाताले महसुस गरी त्यस्तो संकुचन प्रवृत्तिबाट फराकिलो दृष्टिकोण राखेको निर्वाचनको परिणामले देखाएको छ ।
लामो समयदेखि एकछत्र रूपमा शासन व्यवस्थामा वर्चस्व जमाएका राजनीतिक दलहरू यस निर्वाचनको परिणामबाट खुम्चिन पुगेका छन् । ‘अतिले खति गर्छ’ भन्ने सन्देश निर्वाचनको परिणामले दिएको छ । परिणाम दिन नसक्ने, सुशासन नदिने, महत्त्वाकांक्षी कुरा मात्र गर्ने, बिचौलियाको प्रभावमा नीति कानुन बनाउने, दिगो विकास र समृद्धि दिन नसक्ने, क्षेत्रीय कुरामा मात्र सीमित हुने, आन्तरिक विभाजन कलहमा रमाउने दलहरू पातलिँदै जान्छन् भन्ने सन्देश निर्वाचनले दिएको छ ।
जनताले परिवर्तन र परिणाम चाहेका छन् । यस्ता विषयलाई हेक्का राखी नयाँ सरकारले राष्ट्रिय स्वार्थलाई बलियो बनाउने, दिगो विकास, सुशासन, समृद्धि, सन्तुलित परराष्ट्र नीति, भ्रष्टाचारको रोकथाम र नियन्त्रण, सहकारीको समस्या समाधान, स्वास्थ्य र शिक्षामा सहज पहुँच, रोजगारीको सिर्जना, सामाजिक न्यायको प्रत्याभूति, विद्यमान विसंगति र विकृतिको अन्त्य गर्न विगतको जस्तो कार्यशैली र व्यवहारमा क्रमभंग गरी परिवर्तनलाई नयाँ संस्कृतिको विकासमा रूपान्तरण गर्नुपर्ने कार्यभार रहेको छ ।
