From creating an all-party amendment mechanism to returning the king, UML has been silent on constitutional amendment, while other parties have mentioned how to amend it along with their agendas.
What you should know
The parties have also put forward the agenda of constitutional amendment through their election manifestos. Although the Election Commission requested that the manifestos be submitted by 3 February, the parties submitted them with some delay.
Among the party manifestos issued so far, UML has been silent on constitutional amendment, while other parties have mentioned their agenda and how to amend it.
The Congress has proposed an agenda for constitutional amendment under the title of 'Institutional Development of the Constitution and Strengthening Federalism'. Stating that the Constitution is a dynamic document, the Congress's pledge states that it will review the status and achievements of its implementation based on the experience of a decade since the constitution was promulgated to make the values, civil rights, and proportional inclusion principles of the Constitution broader and more expansive without narrowing them.
It is said that the Congress will take the lead in amending the constitution to further increase the ownership and ownership of the Nepali people on issues such as the electoral system, the structure of the Constitutional Council and the appointment of commissions, the clarity of tier-level rights, the form of governance, and youth representation.
It is mentioned that the work elaboration report will be revised to remove the ambiguity and existing duplication in the single and common rights in Schedules 5 to 9 of the Constitution, and an umbrella act on the operation of the government at the tier-level will be formulated, and thrifty federalism will be adopted. The pledge states that an inter-provincial council will be formed to improve relations between the union, provinces and local levels.
The Congress has stated that some new points should be added to the constitution within the first year to fulfill the commitments made in the constitutional reform pledge and that timely amendments are necessary in some places, and that the initiative for amending the constitution will be taken by collaborating among the parties.
Stating that constitutional bodies including the Commission for the Investigation of Abuse of Authority and state public institutions will be freed from partisanship, for this, it is mentioned that necessary amendments will be made to the constitution to clarify the composition, appointment method, structure and limits of the authority of the Constitutional Council. Similarly, point 18 of the pledge states that unnecessary and irrelevant laws that are inconsistent with the implementation of the constitution and federalism, and that necessary laws for procedural facilitation will be made within one year.
Institutional development of the constitution and strengthening of federalism It is mentioned that some of the issues mentioned by the Congress in its pledge are related to constitutional amendment. "Our party believes that by embracing the guiding principles and the spirit and principles of the constitution that we have been adopting since its establishment, and addressing some of the problems seen in practice through amendments, the federal system and inclusiveness can be made more effective, people-oriented and result-oriented," the Congress has said.
Similarly, the Rashtriya Swayamsevak Sangh (RSS) has mentioned that it will prepare a 'discussion paper' on the proposal for amending the constitution. The RSS's pledge, made public in Surkhet, the capital of Karnali Province, on Thursday, states, "We will prepare a discussion paper on the proposal for amending the constitution within three months of assuming power in order to establish a national consensus."
The RSS has stated that the concept of a directly elected executive will be included in the 'discussion paper' to be prepared for amending the constitution. It has written in the pledge that it will hold discussions on a fully proportional parliament, a system where MPs do not become ministers, non-partisan local governments and an improved provincial structure along with a directly elected executive.
It is mentioned that the persons selected on the basis of merit will be recommended to the Judicial Council for appointment as judges in the High Court and the Supreme Court. Similarly, it is mentioned that the Commission for the Investigation of Abuse of Authority Act, 2048 BS, the Constitutional Council Act, 2066 BS and the Judicial Council Act, 2073 BS will be amended in terms of institutional capacity, jurisdiction, appointment process, employee selection, etc. to strengthen the institutional good governance of independent, competent and accountable constitutional bodies.
The issues of constitutional amendment are covered in points 10, 11, 13, 16 and 17 of the pledge. Point number 13 states that the policy system based on meritocracy and competition will be adopted in the appointment process of judges of the High Court and the Supreme Court, ending trends such as party influence, lack of internal competition and recommendation based on quotas. It is mentioned that the persons selected on the basis of merit will be recommended to the Judicial Council for appointment as judges in the High Court and the Supreme Court. In addition, it is said that the system of reservation and inclusion will be ensured in accordance with the prevailing laws and the spirit of the Constitution. It is mentioned that arrangements will be made public before assuming public office and even after leaving office.
Point 17 states that the number of federal ministries will be limited to 18, and a new standard of 'expert ministers' and expertise-based staff administration will be established.
The UML, which made its manifesto public on Thursday, has not mentioned anything about amending the constitution. The second 'chapter' of the manifesto only mentions a few things about the constitution. The manifesto does not clearly state that the constitution will be amended. The 'chapter ×' written on the subject of perfect democracy, constitution, supremacy of law and good governance mentions that the constitution was promulgated in 2072 BS after about seven decades of unimaginable risks and hardships. There is no mention of amending the constitution.
Similarly, the Ujjaya Nepal led by Kulman Ghising has mentioned amending the constitution in its manifesto. It has included five points, namely, ensuring the right to good governance, reducing the number of MPs, reducing the number of ministries, directly elected Chief Ministers and making local elections without political parties.
It is mentioned that the right of citizens to receive public services on time, to file complaints against corruption and to seek accountability will be established as a fundamental right in the constitution. Similarly, the manifesto proposes to increase the number of members of the House of Representatives from 275 to 209 and reduce the number of members of the Provincial Assembly from 550 to 330.
It is mentioned that initiatives will be taken to ensure that there will be 15 ministries in the Union and 5 to 7 ministries in the provinces, but there will be no ministers of state and assistant ministers in the cabinet. It is mentioned that the Chief Minister of the province will be directly elected by the people for the stability of the provincial government. The manifesto mentions that local elections will be made non-partisan with only independent candidates competing to accelerate development and develop a culture of maintaining a common consensus rather than party interests in development.
The NCP is committed to establishing the National Assembly as a body representing oppressed classes, regions and communities and people who have played a special role in national life, and to making the political parties of the province accountable for the formation and operation of the provincial assembly and provincial government by amending the form of governance of the province. It is mentioned that the duplication of authority and scope of work seen among constitutional commissions including the Tribal Commission, Tharu Commission, Language Commission, Janajati Utthan Pratishthan, and Inclusive Commission will be eliminated and the commissions will be restructured and made resource-rich. It is mentioned that under the same form of governance, arrangements will be made for voting in elections from outside the district and abroad and arrangements will also be made for no-votes. Similarly, the NCP has included the agenda of amending the constitution in the manifesto. The NCP is committed to ‘protecting and strengthening the positive aspects of the current constitution, amending the constitution and making progressive changes based on the sentiments of the young generation, including the governance structure, electoral system, and strengthening the federal structure,’ and the NCP has also included the agenda of amending the constitution in its manifesto. The NCP is committed to ‘protecting and strengthening the positive aspects of the current constitution, amending the constitution and making progressive changes based on the sentiments of the young generation, including the governance structure, electoral system, and strengthening the federal structure,’ and the NCP has committed to ‘protecting and strengthening the positive aspects of the current constitution, amending the constitution and making progressive changes based on the sentiments of the young generation, including the governance structure, electoral system, and strengthening the federal structure,’ and the NCP has said that it will revise the governance structure to ensure checks and balances in order to radically change the governance structure, and that the current electoral system is very costly and inefficient, which has fostered corruption. It has mentioned the provision that elected MPs will continue to play a legislative role and that the current 25-member Council of Ministers will be reduced and a small-sized Council of Ministers will be formed, including subject-matter experts.
The RPP, on the other hand, has stated that since the current constitution needs to be radically changed through constitutional amendment after the upcoming elections, it will change the form of governance by calling for a two-thirds vote. It has put forward a proposal to keep the monarchy as a guardian institution. It has said that there should be only a two-tier governance structure with a center and a strong local level by abolishing the provinces, making extensive changes and reforms in the current costly and unstable electoral system. Similarly, the manifesto has mentioned that there should be a Hindu nation with complete religious freedom and equality for all religions, based on Vedic Sanatan Dharma.
Saying, "We would rather be destroyed than corrupted," it has been said that a high-level citizen commission will be formed to investigate the assets of high-ranking leaders and employees after 2046 BS and make a legal arrangement to seize illegal assets. Constitutional appointments will be made free from political interference, and the manifesto states that arrangements will be made for restructuring/reappointment in the judiciary to end the distortions and anomalies seen in it, restore lost credibility, and make it fully judicial.
Main points of the parties in the constitutional amendment
Congress
– Reviewing the implementation status and achievements based on the experience of a decade since the constitution was promulgated, without narrowing the values, civil rights and proportional inclusion principles of the constitution, making them broader and more expansive
– Amending the constitution to further increase the ownership and ownership of the Nepali people on issues such as the electoral system, the structure of the Constitutional Council and the appointment of commissions, clarity of tier-specific powers, the form of governance and youth representation
– Creating an inter-provincial council to improve relations between the union, provinces and local levels
– Necessary amendments to the constitution to clarify the composition, appointment method, structure and limits of the powers of the Constitutional Council
000000000
Rashtriya Swayamsevak Sangh (RSS)
– Proposed issues for the constitutional amendment include a directly elected executive, a fully proportional parliament, a system where MPs do not have to be ministers, non-partisan local government and a reformed provincial structure
– The Commission for the Investigation of Abuse of Authority Act 2048, the Constitutional Council Act 2066 and the Judicial Council Act 2073 have institutional capacity, jurisdiction, appointment process, Amendments in personnel selection, etc.
- Ending trends such as party influence in the appointment process of judges of the High Court and Supreme Court, lack of internal competition, and share-based recommendations, and making policy arrangements based on meritocracy and a competitive system
- The number of federal ministries will be limited to 18, experts will be made ministers and a new standard of personnel administration based on expertise
000000
Ujjaya Nepal
- The right to good governance will be ensured through constitutional amendments, the number of parliamentarians will be reduced, the number of ministries will be reduced, a directly elected Chief Minister and local elections will be made party-free
- The number of members of the House of Representatives will be reduced from 275 to 209, and the number of members of the Provincial Assembly will be reduced from 550 to 330
- There will be 15 ministries in the Union and 5 to 7 ministries in the provinces, and there will be no Ministers of State and Assistant Ministers in the Cabinet
- Local level elections will be made non-partisan with only independent candidates competing to develop a culture of building a common consensus
- Under the form of governance, arrangements will be made for voting in elections from outside the district and abroad, and no-votes will also be made
000000
NCP
– To radically change the form of government, to modify the form of government so that there is a check and balance of power
– To amend the existing electoral system as it is very costly and cumbersome and has promoted corruption
– To make arrangements for the formation of a small-sized council of ministers with elected MPs in the legislative role and to reduce the current 25-member council of ministers and include subject-matter experts
– To establish the National Assembly as an assembly representing oppressed classes, regions and communities and people who have played a special role in national life.
00000000000
RPP
– To change the form of government and keep the monarchy as the guardian institution
– Abolition of provinces, a two-tier government structure with a center and a strong local level
– A Vedic, eternal, religiously-oriented Hindu nation with complete religious freedom and equality for all religions
