The Janata Samajwadi Party (JSP) Nepal has made public its view on ‘constitutional amendment’, stating that the constitution should not be amended by destroying its original character and fundamental features. The JSP made its official view public on Friday as the government is holding discussions with political parties to prepare a debate paper on the constitution amendment.

‘There are unamendable provisions in major constitutions of the world. Which are prohibited from being changed through the normal process of constitutional amendment,’ the view made public by JSP Nepal states, ‘These are often provisions that permanently protect the original identity of the nation, the sovereignty of the country, basic human rights, democracy, federalism, national unity and integrity, the basic structure of the state, the rule of law, secularism, human dignity, civil liberties, basic principles of the constitution, republican system of governance, national independence, fundamental rights, separation of powers and independence of the judiciary.’

The JSP has opposed the amendment of the constitution by destroying its basic character, including federalism. ‘The constitution should not be amended in a way that destroys the sovereignty and state power vested in the people, the federal democratic republic, the supremacy of the constitution, the rule of law, the separation and balance of powers, an independent and impartial judiciary, fundamental and human rights, proportionality and social justice, the protection of multilingual, multi-ethnic and multicultural identity, national unity, independence, sovereignty and geographical integrity, the federal system of governance, civil liberties, inclusiveness, secularism, democratic republic, multi-party democracy and the original character and basic features of the constitution,’ JSP Nepal has said.

The Preamble and Article 56 of the Constitution of Nepal-2072, which was declared by the Constituent Assembly on the basis of the people’s movement, armed struggle, historical Madhesh people’s uprising, sacrifice and sacrifice that the Nepali people have been carrying out for years for equality, freedom, justice and progressive change, have stated that some provisions are irrevocable, stating that the basic structure of the state is a federal democratic republic. ‘Article 274 of the Constitution has made it impossible to amend the Constitution in a way that is detrimental to the sovereignty, territorial integrity, independence and sovereignty vested in the people of Nepal,’ he said. ‘The main purpose of having unamendable provisions in the major constitutions of the world is to protect democracy, human rights, rule of law, the basic form of the state, national unity and the stability of the Constitution. Such provisions of the Constitution are made unamendable with the aim of preventing changes on the basis of a general political majority. This helps to protect the long-term interests of the nation by keeping the Constitution above momentary political interests.’