In its manifesto for the February 21 election, the Rashtriya Swayamsevak Sangh (RSS) had said that it would prepare a ‘discussion paper’ on the proposals for constitutional amendment within three months of assuming power to establish a national consensus. After becoming the ruling party with nearly two-thirds of the seats, the responsibility of successfully delivering on the constitutional amendment agenda has fallen on its shoulders.
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With the formation of the task force by the newly formed government, interaction between the parties on the issue of constitutional amendment has begun. Although the voice for amending the constitution based on ten years of implementation experience has become a topic from the government to the streets, no concrete initiative has been taken for it. The ‘Task Force to Prepare a Discussion Paper on Constitutional Amendment’ formed by the Council of Ministers meeting on 16 Chaitra has sought suggestions from political parties and the parties have started giving them, so it can be believed that this issue will move forward in a positive manner.
The need for constitutional amendment has been realized by all parties, formal/informal commitments have been expressed for it, and it has also become an election agenda. Therefore, the parties should bring the issue of constitutional amendment to a conclusion in a positive environment in a cordial manner. Only then will the expectations of political and governance reforms that may come after the constitutional amendment be tested.
The Cabinet meeting had formed the ‘Constitution Amendment Debate Paper Preparation Task Force-2082’ under the coordination of the Prime Minister’s Political Advisor Asim Shah. The task force also includes representatives of the Rashtriya Swayamsevak Sangh (RSS), UML, Nepali Communist Party, Shram Sanskriti Party, RPP, JSP Nepal, LOSPA and Rajmo. After the task force meeting held on 25 Chaitra, the views of political parties have started being taken. Two parties, Janamorcha and LOSPA, have already submitted their views.
The Congress has also formed a committee to study it and will submit its views to the task force based on its findings. Other parties are also preparing to submit their views. In addition to the views of the parties, the task force will also study the issues raised by experts. It will prepare a debate paper with common and different views and submit it to the government. After that, the government can decide to move forward with the Constitution Amendment Bill or form a commission and move forward with the bill after its report.
3 After the promulgation of the Constitution on Asoj 2072, its basic articles have been implemented. Many positive and negative experiences have also been gained. The strengths and weaknesses of the Constitution have also come to the surface. That is why constitutional amendment has become almost a national agenda. However, there is no consensus among the parties on what kind of amendment to make. Some parties have sought to improve the Constitution by learning from the weaknesses seen during the exercise.
Some parties have sought to amend the Constitution in a haphazard manner and seek alternatives to the form of government and political system. That is why the issue of constitutional amendment is sensitive. If the parties want to amend the Constitution according to their own agendas and try to create pressure for it, the current effort can also create a new kind of political tension.
Some parties have sought to amend the Constitution in a haphazard manner and seek alternatives to the form of government and political system. That is why the issue of constitutional amendment is sensitive. When the Congress and the UML agreed to share power in Asad 2081, they also included the agenda of constitutional amendment. There, it was said that ‘after the constitution came into effect, necessary amendments to the constitution would be made for political stability by reviewing the strengths, weaknesses and complexities that emerged in practice’. But while they were in power, they did not give priority to this issue. After the Gen-G movement, this issue could not move forward.
In the manifesto presented for the 21 Falgun elections, the Rashtriya Swayamsevak Sangh (RSS) had said that ‘we will prepare a ‘discussion paper’ on the proposals for constitutional amendment within three months of assuming power in order to establish a national consensus.’ After becoming the ruling party with almost two-thirds of the seats, the responsibility of comprehensively addressing the agenda of constitutional amendment has fallen on its shoulders. It should prioritize discussing its own and other parties’ agendas and finding common conclusions.
The constitution should be amended. However, since this is a sensitive issue, one should also be cautious. Because, the main political parties should be able to take ownership of the entire amendment initiative. The political situation at the time that was ready for the formation of the Constituent Assembly should be understood. On the other hand, the constitution issued in 2072 is a document of consensus. At that time, many parties had abandoned many of their agendas in order to realize the main objective of issuing the constitution. At that time, they also faced pressure from various power centers.
Now, with the initiative to amend the constitution, the agendas that were postponed at that time may be revived. The power centers that were active at that time may become active again. Due to which, one should be aware that politics itself may become fluid, the issue may be confused, and no conclusion may be reached, but rather the constitution itself may be threatened. The initiative to amend the constitution should give positive results, it should not be like opening a 'Pandora's box'.
The task force led by Asim Shah will only prepare a discussion paper. The journey to amend the constitution is still long. Therefore, the current initiative is in its very early stages. For that, the parties should present their respective views and agendas in a responsible manner. The entire process should be focused on achieving positive goals. And, by bringing this initiative to a conclusion, the constitution should be further enriched. The constitution can only be strengthened through timely amendments.
Our constitution has also paved the way for amendments. However, it is important to remember the political background in which the constitution was written. The essence of this is that the constitution can be amended not through force, but through broader dialogue and consensus. However, this time, everyone has the option of amending the constitution on issues agreed upon between the parties and moving forward by making the issues of disagreement their political agenda. For now, everyone's cooperation is indispensable to bring the positive initiative started by the government to a conclusion.
