Immediately after the formation of the current government, a task force was formed under the coordination of Prime Minister Balendra Shah’s political advisor, Asim Shah, to prepare a discussion paper on constitutional amendment. The mandate of the task force extends until the end of Asar. For the past few months, the task force has been consulting with various political figures, administrative and constitutional law experts directly involved in the implementation of the constitution, legal scholars, former judges, and other relevant bodies.

The main question now is whether the constitutional amendment task force will respect the core spirit of constitutionalism. What are the amendable issues of constitutionalism that should be considered in constitutional amendment? Such questions have arisen among the public.

The constitution is the primary collection of rules for operating the state system. The constitution is also called the principal political and legal document of any country. Constitutionalism means that government activities are conducted in accordance with the principles and values of the constitution. Constitutionalism develops a system that respects the constitution, upholds its spirit and intent, maintains a democratic system, and protects civil liberties and rights.

Nepal’s constitution is a democratic constitution that has embraced the principles and values of constitutionalism. It is also a constitution made by the people, through their representatives, in the name of the people.Constitutionalism is the foundation of democratic governance, which is also the philosophy of the constitution. It envisions a system of accountable governance. Constitutionalism is the concept of limited government. Limited government means a government bound by the limits of law. Where the government is bound by the law, citizens can be free. Therefore, constitutionalism is regarded as the essence of democratic governance. Constitutionalism is an ideology against arbitrariness and despotism. It determines the basis and limits of the exercise of power and advocates for citizens’ rights. Therefore, constitutionalism is also called the ideal of the constitution.

Nepal’s constitution is a democratic constitution that has embraced the principles and values of constitutionalism. It is also a constitution made by the people, through their representatives, in the name of the people. The constitution not only accepts the concept of constitutional supremacy but also provides that state power and sovereignty shall remain vested in the Nepali people. Thirty-one fundamental rights have been guaranteed to citizens, which include not only civil and political rights but also economic and social rights.

The constitution has adopted the concept of separation of powers and checks and balances among the three tiers of the executive, legislature, and judiciary. The judiciary has been established to function independently, competently, and impartially. Extraordinary powers and writ jurisdiction have been provided to protect citizens’ rights. Thirteen constitutional bodies have been given oversight roles. By making arrangements to politically and legally limit, control, and regulate the government, the constitution has provided a foundation for political, economic, and social transformation. By expanding citizens’ rights, it expects greater public participation in governance. The current constitution has attempted to guide the government to be people-centered, but even so, achievements have not been realized in accordance with the spirit of the constitution.

Although the constitution has embraced the principles of constitutionalism, some of its provisions are noteworthy from the perspective of constitutionalism. These should be taken seriously by the constitutional amendment task force. For example, ambitious fundamental rights without accountability in implementation, the presence of the Minister of Law and political representation in the Judicial Council, and the presence of the Chief Justice in the Constitutional Council do not align with constitutionalism. Similarly, the limits imposed on motions of no confidence in the Federal Parliament and Provincial Assemblies are a subject of criticism from the perspective of constitutionalism. The restrictions placed on the Prime Minister and Chief Minister regarding the dissolution of parliament are another topic of debate. The limits imposed on government bills other than money bills, and the implementation of fundamental rights, are other provisions that can be criticized from the perspective of constitutionalism.