A healthy democracy, not a constitutional laboratory

The repeated promulgation of constitutions shows that Nepal has been a constitutional laboratory for experimenting with various democratic models. From the Rana oligarchy to absolute kingship, the partyless Hindu monarchy, multiparty democracy and now a federal republican system, the country has transitioned through diverse political frameworks. After decades under the unitary system, Nepal has embraced federalism since 2015. 

These transitions reveal that Nepal has adopted a new constitution almost every decade in a span of 75 years. Recently, some groups have started advocating for a directly-elected executive form of government—the only model yet untested. The recurring failure of political leadership is often mistaken as the failure of constitutions, prompting public frustration and calls for change. However, no constitutional reform can succeed without honest, visionary and committed leadership. 

In the 1940s, public outrage ended the Rana regime. During the 1950s, King Tribhuvan restored monarchical authority, and later King Mahendra imposed a partyless system that faced strong public resistance. In response, King Birendra promulgated the 1990 constitution, recognizing multiparty democracy. Yet, it was later replaced by the interim constitution of 2007, which in turn gave way to the 2015 constitution—the first drafted by people's elected representatives as mandated by the 2006 Comprehensive Peace Accord that formally ended the decade long (1996-2006) Maoist insurgency.

Chronicles of change  

Of Nepal’s seven Constitutions, the Government of Nepal Act, 1948 was the first constitutional document. However, it did not vest sovereignty in the people of Nepal. 

Professor Laxmi Prasad Kharel, in Comparative Law and Nepalese Legal System, observed that the 1948 Act was “doomed to die from its inception”—the Ranas opposed sharing power, and the people rejected it for failing to meet their expectations. 

During the Rana era (1846–1951), state power was monopolized by the Rana family. Jung Bahadur (1817–77) seized power in 1846 and made himself permanent prime minister.

In 1951, an Interim Constitution was introduced but King Tribhuvan failed to fulfil his promise of establishing a constituent assembly. The King retained the power to appoint and dismiss the Prime Minister and Ministers and the cabinet functioned at his pleasure. The interim constitution lasted eight years, during which King Mahendra ascended the throne and imposed a direct rule on 1 Feb 1958, governing nearly two years without any constitution. 

In 1959, King Mahendra promulgated a new constitution where the Cabinet was accountable not only to the parliament but also to the King. He retained sweeping powers, including the power to dissolve the government and lower house and declare emergency under Article 55—making him politically supreme. In 1962, he replaced it with another constitution establishing the party-less Panchayat system, combining monarchical and parliamentary features. It banned political parties and imposed discriminatory citizenship provisions requiring knowledge of Nepali language. 

The 1962 constitution was replaced by the 1990 constitution, adopted after the people’s movement. The 1990 constitution introduced a multi-party democracy system and an independent judiciary. 

Federal dreams  

The 1990 constitution also failed to survive for long. The Interim Constitution of Nepal, 2007 was crafted through a political understanding following the abolition of the constitutional monarchy. It served as a transitional framework until a new constitution could be promulgated through the Constituent Assembly. 

The interim constitution, 2007 was the first Constitution to be written by Members of Parliament. It mandated the Constituent Assembly to enact a formal Constitution institutionalizing republicanism, federalism and secularism. 

During the period of 2007 to 2015, “The first priority today has to be the creation of a truly federal, democratic, republican political system and to ensure its development rising above the party-political lines and transient priorities. This task cannot be accomplished by limiting oneself to a certain political ism or anti-ism,” observes political scientist and professor Krishna Khanal in his book Federalism in Nepal: Management and Implementation.

Prof Bipin Adhikari in his book, Salient Features of the Constitution of Nepal, 2015, observes that inclusivity and diversity are the core focus of the 2015 constitution. However, Nepal’s journey toward inclusion depends, to a great extent, on the quality of democracy and constitutionalism it will achieve on the foundation of its constitution, argues Prof Adhikari in another book, From Exclusion to Inclusion: Crafting a New Legal Regime in Nepal. 

So, how can one discredit the progressive features of the current constitution? We can find hope in every political movement, but in Nepal’s case, the political transformations have, often, failed to deliver. Frequent repeal or enactment of constitutions cannot be considered a yardstick of a healthy democracy. Rather, the actual implementation of the constitution should serve as the foundation for good governance and a truly healthy democracy.   

Let’s build, not blame 

The problems in politics should not be mistaken for problems in the constitution. Merely testing different constitutional models cannot provide a lasting solution. The enactment of a constitution is not a magic stick to transform the state. What Nepal needs now is collective commitment to effectively implement the constitution. 

Conflicting provisions, if any, can always be amended through due process. Actual transformation can be achieved through constitutional stability, not through frequent changes of constitutions.  Weak governance, a politically influenced administration and public dissatisfaction with political leadership are to blame for the current mess, not the constitution.

NC President Deuba vows to hand over leadership after party’s 15th General Convention

Respected office bearers of the party, former office bearers, and central members, I heartily welcome all comrades to this meeting.

In this difficult situation of the country, today we are holding our meeting at our central office, BP Smriti Bhawan in Sanepa—which has been left in ruins, turned into ashes, and stands as a symbol of destruction after vandalism, looting, and arson. This indeed has shocked all of us deeply.

First of all, I express my heartfelt condolences to all those who lost their lives in the incidents of Bhadra 23 and 24. In this painful hour, I extend my sympathies to the bereaved families. I also wish for the speedy recovery of all those who were injured in the incident.

On Bhadra 23, during the peaceful protest of Gen-Z, there was infiltration, and the protest turned violent, causing the deaths of some security personnel. This incident has left me—and all of us—extremely saddened.

On the morning of Bhadra 24, there were attacks, vandalism, looting, and arson in various places—from the national heritage sites such as Rashtrapati Bhawan (President’s Office), Baluwatar, Singha Durbar, Supreme Court, various ministries, the Commission for the Investigation of Abuse of Authority and its offices, Land Revenue Offices, Provincial Government offices, Police Offices, Local Government buildings, District Administration Offices, and other public and essential service institutions—as well as political party offices, the residences of leaders, media houses, and commercial establishments.

This caused unimaginable loss of lives and property. Undoubtedly, this will be remembered as one of the most frightening days in Nepal’s history.

Our party’s central office, along with the offices in 48 districts, and around 125 residences and rented houses of party leaders and comrades were attacked, vandalized, looted, and set on fire.

Historic sites linked to Nepal’s democratic revolution, struggles, and movements—such as the Koirala Residence in Biratnagar, the Ganesh Man Singh Residence in Chakupat of Kathmandu, and the Krishna Prasad Bhattarai Ashram in Badegau of Lalitpur—were set on fire and turned to ashes, which has saddened me even more.

Not only that, security personnel responsible for protecting the lives and property of citizens were attacked, their weapons were looted, and citizens’ private and public properties were destroyed through vandalism, looting, and arson. I demand that the truth and facts of all these incidents be investigated and that those responsible be brought under the legal process.

On Bhadra 24, in this critical situation, President Ram Chandra Paudel played a significant role, for which I extend my heartfelt gratitude through this meeting. His mature role during that difficult time helped avert a greater national crisis. The GenZ movement’s demand for good governance and a corruption-free state, and for freedom of expression, is legitimate. It is my belief that their concerns and aspirations for the country must be addressed. This subject will definitely be discussed in this meeting.

However, the unimaginable, inhuman, and terrifying events that occurred were not spontaneous or accidental but rather well-planned and organized. The facts that are emerging after the incident have started to make this clear.

Therefore, further study and investigation should be conducted as soon as possible. This investigation should move forward not based on temporary gains or losses for anyone but by placing the nation’s overall interest at the center.

Currently, the morale of important institutions across the country has been weakened. In this situation, we must work to uplift the morale of all organs and institutions of the state, including the judiciary and security agencies, and urge them to perform their duties with high spirit.

Over the past 80 years, the Nepali Congress has remained the most trusted, beloved, and largest party in Nepal. The Nepali Congress has never compromised on national sovereignty and democracy. At any period of time, the party’s unique characteristic has been its ability to identify the country’s complex situations realistically and lead the nation out of crisis through peaceful means. That is what has kept our party close to the hearts of the people.

Whether it was the struggle for democracy or any political, economic, social, or cultural movement in the country, the Nepali Congress has always set a national agenda and guided the nation toward a proper direction.

As we hold this central committee meeting today, I feel that Nepalis at home and abroad—our brothers and sisters spread around the world—are watching this meeting closely. Therefore, we must analyze the current political situation comprehensively and take decisions that guide the nation toward progress. Through this meeting, we must reaffirm the values and principles on which the Nepali Congress was founded and has stood throughout history. In the present situation, we must provide appropriate guidance on our party’s internal matters as well as our role in national politics.

The unity of the Nepali Congress is the need of the hour. Given the crisis that has emerged in the country, we must set aside our personal or group differences, conflicts, and disagreements, and stand united before the nation as witness. From now on, let personal or group likes and dislikes, interests and benefits all be put aside. I urge all comrades to hold broad discussions on issues, reach decisions with unanimity, and implement those decisions in a concrete manner.

Questions have arisen regarding the party’s internal life, the upcoming 15th General Convention, and leadership transfer. I would like to say this to my friends: There is never only one head of a household forever. Similarly, in the party, no one remains party president forever. As for me, I have already decided—both by constitutional provision and my own political will—to hand over the party leadership in an orderly manner after the 15th General Convention. Therefore, from the next convention, someone other than me will become party president—there is no doubt about that.

In the present difficult national situation, the Nepali Congress must make itself united and well-organized, and it must also cooperate and coordinate with other political parties that have faith in the democratic system.

The constitution of Nepal, which the Nepali people made through the Constituent Assembly, has come under threat. The House of Representatives—a supreme constitutional institution elected by the people—has been dissolved unconstitutionally and undemocratically.

The government has fixed the date of election for the House of Representatives on Falgun 21. However, a free, fair, and fearless election environment has not yet been ensured. The guarantee of peace and security, which is a pre-condition for elections, does not exist. The morale of the security agencies has weakened.

Therefore, the government bears the main responsibility for creating a situation in which peace and security are restored and the elections can be held peacefully, impartially, and fearlessly, so that everyone can participate willingly.

The government’s attention must be directed toward this. If the government succeeds in creating such an environment for elections, we believe that elections will become the foundation to bring the country back onto the constitutional path.

In a multiparty democratic system, the government has failed to create an atmosphere of trust and coordination with opposition political parties. In this context, the Nepali Congress must hold discussions with other political forces about upcoming plans.

Remembering our history—whenever the nation faced crises, the Nepali Congress took leadership to resolve them—we must again move forward to build national unity among all political parties. You all know that I have devoted my entire life—since my youth—to the struggle for nationalism, democracy, and the rule of law. When I joined politics for the cause of democracy, the situation was not as simple and easy as it is today. I endured many hardships and imprisonments.

I did not enter politics with the aim of becoming a parliamentarian, minister, prime minister, or party president. My single purpose in thought, speech, and action was—the nation, nationalism, and democracy.

With the affection and support of my comrades, I have held various state responsibilities since the establishment of democracy. I have experienced many ups and downs in politics. Whenever the nation faced a crisis, I have always stood firmly on the side of the nation and the people. And as long as I live, I will remain dedicated to the country and the people.

I have received immense love, affection, and support from all comrades, and I, in turn, have equal love and commitment toward all of you. I have always tried to make the Nepali Congress a party that represents the Nepaliness of all castes, regions, genders, and communities.

Whether by introducing a policy of inclusion within the party or by ensuring reservations in party structures up to the central level, I have led a campaign to make the party structurally inclusive. I will continue to devote myself to this work.

Although my terms as prime minister were often short, I had the opportunity to serve five times—collectively around one full term in duration. Even though most of those were election governments, I believe that I was able to achieve some milestone reforms in certain areas.

I feel proud to have initiated some social reforms such as the liberation of bonded laborers (Kamaiyas) and declaring Nepal free from untouchability.

While I was prime minister, I enacted the Corruption Prevention Act 2059 to fight corruption in Nepal. I also ended the dual ownership of land by introducing scientific land reforms, establishing the basis for the current implementation of the “single land ownership” system.

To establish women’s ownership over property, I made the 11th Amendment to the Muluki Ain (Civil Code), granting equal inheritance rights to daughters and sons in ancestral property. Likewise, I created commissions for the upliftment of Dalits, women, Janajatis, and other marginalized communities, and carried out structural reforms.

In the economic sphere, it was during my premiership that the Value-Added Tax (VAT) was introduced as a major fiscal reform, making the tax system more scientific and modern. As prime minister and party president, I may have had some shortcomings, but I always tried to work keeping the Nepali people and the party at the center. 

All decisions of the Central Working Committee were taken with consensus. Responsibilities handled in government were also carried out with consultation. As far as possible, I have involved all friends in the party’s decision-making process.

On Bhadra 24, when the whole country was burning, I and my family were attacked with the intent to kill. Our house was vandalized, looted, and set on fire. After several hours of tireless effort by the security forces, we were finally rescued. You all know the terrifying physical assault that my family and I had to face. As if that were not enough, malicious and false propaganda was spread in an organized manner to tarnish our reputation and image.

Because of your love, prayers, and good wishes, I was able to recover and come to this meeting to conduct it today. Recalling the various difficult situations I have faced in my political life, I have always believed that one must have the courage to face whatever situations may arise for the sake of the nation, the people, and the democratic system.

At first glance, these incidents may look like personal attacks against me, my comrades, and other political leaders. But looking at the overall picture, I firmly believe that these were attacks against the nation, the system, and the party itself.

From this meeting, I extend heartfelt thanks to the security personnel and well-wishers who rescued us from the hands of the attackers at that moment—I will remember them for the rest of my life.

I believe that this meeting of our party will conduct a concrete analysis of the current situation and make necessary decisions that will lead the country toward proper development. The Nepali Congress must make itself united and face the challenges before the nation.

In this hour, when the nation, democracy, and democratic governance are in grave crisis, we must maintain unity within the party. Keeping this in mind, the Central Committee will seriously discuss and make necessary decisions regarding holding the 15th General Convention of the party within the timeframe stipulated by the party constitution.

Evaluating the present political context of the country, the party will, as required, hold dialogue and coordination with other political forces to move toward development and stability. Because of my health condition, I have designated our party’s Vice-president Purna Bahadur Khadka as Acting President to carry out the duties of the party president. I have full confidence that he will work for the broader interests of the party.

Jay Nepal!

 

 

A rush of writs as SC reopens

Within just a few hours of the Supreme Court reopening for writ registrations, more than half a dozen petitions were filed. By Tuesday afternoon, most of the petitions centered on two major demands. The first demand calls for the annulment of the President’s decision to appoint former Chief Justice Sushila Karki as the Prime Minister. The second seeks an order to reinstate the House of Representatives, arguing that its dissolution was unconstitutional.

According to Supreme Court Spokesperson Arjun Koirala, the filed petitions are currently being reviewed before formal registration. He said the registration process will proceed sequentially after verification. Due to the recent fire, the court’s software and records have been damaged, and hence, online registration remains suspended.

By Tuesday afternoon, the petitions submitted so far were related to issues of public concern. Several individuals—including members of the public, legal practitioners, and law students—have filed petitions linking the matters of government formation and House dissolution.

Some petitions were filed individually, while others were submitted jointly by groups of two or three. Reviewing the drafts, some petitioners have raised the issues of government formation and dissolution separately. Among those directly affected by the dissolution are outgoing lawmakers; however, none of them have filed petitions yet. During the second dissolution of parliament under former Prime Minister KP Sharma Oli’s previous term, Congress and dissenting UML lawmakers (later associated with the Unified Socialist) had filed writs at the Supreme Court.

Spokesperson Koirala said hearings on the petitions will begin immediately after registration. So far, only petitions related to recent political developments—government formation and House dissolution—have been filed.

The Supreme Court is preparing to consolidate these petitions and conduct a joint hearing rather than addressing them separately. The hearings will be held at the Supreme Court Annex Building, located a short distance from the main court premises, which was damaged by fire.

During the earthquake, court sessions had also been conducted at the annex building, and those benches have remained operational even after the main building’s retrofitting. The administration plans to use the same courtrooms for upcoming hearings.

Although the apex court resumed the registration and hearing of writ petitions from Tuesday, many other types of cases will not move forward yet. Appeals against decisions of district and high courts, reviews, and petitions seeking retrials on already decided cases remain suspended. “For now, we have issued a notice stating that only petitions against orders issued by lower courts in civil and criminal cases will be accepted,” said Spokesperson Koirala. “Except for cases involving detainees or urgent criminal matters, we are not yet in a position to handle most other cases,” he added.

 

 

Easy festival preparations

Festivals can be demanding and Tihar is one that puts extra pressure on us to clean, host, and participate in rituals. There is a lot to do and sometimes not enough hands to get it all done. This is probably one reason why Tihar celebrations begin much before the actual event. Families have time to host guests and then move on to the heavier stuff of cleaning and pujas if they start celebrating a week or even two in advance. But does that mean the week-long festivities have to be a whirlwind of chores? It can be a fun affair with family, friends, and your community if you are up to trying something different this year. We can assure you that it will take the tension off Tihar.

Host a community lunch/dinner

In the week leading up to Tihar, which is this very week, try to get your neighbors and community together by suggesting a pot luck lunch or dinner to usher in the festivities. It will be a great way to kickstart a wonderful few days of celebrations and you will also put an end to the need to entertain people separately. It’s a great way to come together and bond as well while reducing unnecessary pressure.

Consider shared rangoli and decor

In the same vein as above, how does your community feel about coming together to decorate your neighborhood? Instead of installing individual lights and decor, you could all pitch in to deck up your lane and do so together. It will get the work done faster and make it more fun as well. Sometimes, all you need is for someone to suggest it to make it happen. And it actually feels a lot more festive than individually decorated homes.

Harness the flower power

One of the best things about Tihar is all the flower decorations we tend to do. But it’s also one of the most taxing. Instead of stringing flowers into garlands why not make use of vases and planters? Simply get sayapatri plants from your local nursery and transfer them into small pots and place these by your doorsteps. You can also get bunches of these flowers from different street vendors and display them interestingly in large vases peppered around the house.

Use urns and candlestands

Most of us light diyos or oil lamps during Tihar. This requires a lot of pre planning as well as post use clean up that takes up a lot of time. Use urns to light floating candles and make use of whatever candlestands you have lying around the house to create a visually interesting display of light. These are easy to set up and put away as well. You can also make use of old bottles in place of candlestands. Vases can also be turned upside down to create interesting candle displays.

Make it a family affair

Oftentimes, we tend to break up household chores among family members and go about our separate ways but there’s a lot of fun to be had if we do things as a group. Put on some good music and get cleaning and organizing together as a family. Turn chores into a game. See who can finish something faster and do it better. Have a small prize ready. You will get things done faster and it will not feel like work either. It also helps if you have a cut off time. Fix a time by which you must finish the work or take small tea or game breaks in between.