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This summer, Kathmandu experienced its highest temperature ever recorded. The Department of Meteorology and Hydrology (DHM) reported a scorching temperature of 35.3°C on June 15. The city is urbanizing at an annual rate of four percent, and its built-up area has grown to almost four times its size since the mid-1980s. Consequently, the risks associated with the Urban Heat Island effect are also increasing. Research by Mishra et al. (2019) indicated a 5°C temperature variation between forest land and developed land in the Kathmandu Valley. As rapid population growth and unplanned urbanization continue in the valley, the temperature difference is also expected to increase.

Urban Heat Island, or UHI, is a phenomenon where urban areas experience considerably higher temperatures than their surrounding rural areas. The main causes of UHIs include anthropogenic factors, heat absorption by urban infrastructure, and the albedo effect. The albedo effect is a measure of how reflective a surface is. Darker surfaces absorb more heat and release it back into the atmosphere, while lighter surfaces reflect heat away. Therefore, as cities replace natural landscapes with buildings, roads and pavement, which absorb and retain heat, the overall temperature increases. The impacts of UHIs are far-reaching, including air pollution, higher energy consumption, disruption of urban ecosystems and adverse health outcomes, especially for vulnerable populations such as the marginalized, elderly, and urban poor.  

In a country where urban poverty has increased from 15.46 percent in 2010-11 to 18.34 percent in 2022-23, and where the Kathmandu Metropolitan City’s handling of the urban poor has been condemned by Human Rights Watch, critical questions arise—How will the rights of street vendors, landless individuals, slum dwellers and other vulnerable groups be safeguarded amidst rising temperatures? 

Additionally, with heat-related illnesses expected to increase due to the UHI effect, it is crucial to assess whether the healthcare system in Nepal is prepared to handle the added pressure. Will vulnerable groups, with their limited capacities, have access to essential health services, adequate housing, a decent standard of living and an overall quality of life, or will they continue to be mistreated? Despite global awareness regarding UHIs, the concerned authorities in the Kathmandu Metropolitan City are yet to acknowledge the alarming rise in temperatures this summer.

In contrast to this local inaction, cities around the world are actively addressing the UHI effect with innovative solutions. For example, Indian cities like Ahmedabad, Bhopal, Jodhpur and Surat have introduced cool roofs-roofs covered with reflective materials that bring down temperatures inside and outside buildings. Applying white reflective paint on roofs is a simple yet effective strategy that has seen widespread adoption globally. 

Abu Dhabi has introduced self-shading tower blocks, Medellin has developed extensive green corridors, Paris is creating cool islands, Seville has implemented a policy of shade and Singapore boasts of its renowned Gardens by the Bay. These diverse approaches demonstrate how cities are dealing with the UHI effect based on their unique environments and challenges.

In response to escalating temperatures, cities are also appointing Chief Heat Officers (CHOs) – a term coined by a branch of the American think tank Atlantic Council called the Adrienne Arsht-Rockefeller Foundation Resilience Center (Arsht-Rock). CHOs are responsible for developing and implementing strategies to combat extreme heat, protect vulnerable populations and enhance urban resilience to rising temperatures. Miami paved the way by appointing the world’s first CHO, and other cities, such as Phoenix, Athens, Freetown, and Dhaka North followed suit. Notably, Dhaka North was the first Asian city to appoint a CHO.

While cities worldwide, including those in South Asia, are making commendable strides in addressing UHIs, Kathmandu Metropolitan City’s lackluster approach to this issue is highly concerning. Kathmandu must learn from other cities and implement targeted strategies to mitigate the UHI effect or face intensified challenges in the coming years. The rising temperatures in Kathmandu represent the broader challenges posed by global warming, climate change and increased urbanization. These issues demand urgent attention, action and innovative solutions from policymakers, urban planners and the general public.

While initiatives such as Urban Green Spaces (UGS), tree plantations and community-managed forests are underway, a significant gap remains in addressing and raising public awareness on UHIs. Comprehensive research, robust satellite-based data collection and substantial evidence are essential to guide sustainable urban planning. Given the pace and scale of urbanization, the government of Nepal must step up its efforts in urban governance and take appropriate mitigation and adaptation measures by coordinating with relevant ministries and departments to plan greener, smarter and liveable cities. This involves prioritizing the conservation of natural resources and natural heat sinks, investing in alternative energy solutions, and implementing innovative strategies to enhance urban resilience. It is also crucial that policies and plans be grounded in a deep understanding of the local context, addressing challenges facing vulnerable groups, and ensuring that no one is left behind.

The author holds a Master’s degree in Public Policy

The world celebrated the International Day of Clean Air for Blue Skies on Sept 7. Yet, nearly 99 percent of the global population breathes polluted air. According to the United Nations Environment Program (UNEP), air pollution causes approximately seven million premature deaths annually, making it the leading environmental threat to human health and one of the top preventable causes of death and disease worldwide.

Air pollution doesn’t respect borders—it travels great distances and worsens environmental degradation, economic strain, and social inequalities. Vulnerable groups like children and the elderly are disproportionately affected, and ecosystems suffer severe damage. Many pollutants also drive the climate crisis, meaning that improving air quality can contribute significantly to climate change mitigation.

A 2019 World Bank report estimated the global cost of air pollution-related health damage at a staggering $81trn, accounting for 6.1 percent of the world's GDP. However, in Nepal, the right to breathe clean air is enshrined in our Constitution. Article 30 guarantees every citizen's right to a clean environment, stating that individuals have the right to live in a healthy and clean environment and that polluters must compensate those harmed by environmental degradation.

Yet, this same article includes a clause allowing legal provisions to balance environmental protection with development for the sake of national growth. While this enables industries and infrastructure projects, it has also been used to manipulate laws in favor of vested interests, often at the expense of the environment and public health.

In cities like Kathmandu, where air pollution is a chronic issue due to dense populations and heavy traffic, public health is severely compromised. Numerous reports show that prolonged exposure to hazardous air quality has forced residents to sacrifice their health, economic opportunities, education, and overall well-being. As the monsoon season ends, air pollution in Kathmandu worsens, leaving residents struggling for fresh air—a fundamental right recognized by our Constitution.

It is critical that we assert this constitutional right to clean air, which is being undermined by pollution. While many human rights defenders and organizations are working to safeguard environmental health, it is time for us to collectively recognize the violation of our basic rights and take decisive action to prevent further deprivation of clean air.

Amid several global crises, now is the moment to ensure air pollution does not become another overwhelming threat. Governments, INGOs, NGOs, industries, and individuals must unite to promote stricter environmental regulations, support green energy, and reduce vehicular emissions. By implementing these measures, we can ensure cleaner air for ourselves and future generations. Moreover, we must leverage technology, knowledge, and innovation to create sustainable solutions that preserve air quality and safeguard our health for the long term.

Whether in power or not, KP Sharma Oli remains a figure of public interest and discourse. In Nepali political arena, where leaders come and go, Oli has managed to establish a lasting presence. A leader, by definition, is someone who leads society, shaping its politics and future. Politics, in turn, is a reflection of society’s aspirations, mixed with challenges and values. The role of a leader is to crystallize these elements and offer a path forward. But why are some leaders more capable and influential than others? The answer lies in the unique qualities they bring to the table—qualities that resonate with society at large.

KP Oli is one such leader who has carved out a distinct identity amid the often chaotic nature of Nepali politics. Unlike many of his contemporaries and the newer entrants into the political arena, Oli possesses qualities that have set him apart. 

One of Oli’s most remarkable traits is his intellectual curiosity and love for reading. He is known to be an avid reader, someone who not only reads a wide range of books but also internalizes and interprets their content. This habit of deep reading and reflection has allowed him to develop a broad understanding of both society and politics. 

Oli’s library is often described as the secret behind his vision. It is here that he immerses himself in works of philosophy, science, history and more, drawing connections between these disciplines and the political challenges facing Nepal. His ability to anticipate future trends and challenges—an attribute that has earned him the title of a visionary leader—can be traced back to the countless hours he has spent with his books.

For Oli, reading is not a passive activity but an active engagement with ideas. He reads not only to acquire knowledge but also to apply it. This application of knowledge is evident in his speeches and decisions, where he often draws on a wide array of references, surprising even seasoned journalists and political analysts with his depth of understanding.

A recent example

A recent event at the Armed Police Force Nepal’s meeting hall in Halchowk highlighted this aspect of Oli’s personality. The occasion was the unveiling of ‘Into the Fire’, a book by Capt Rameshwor Thapa. Thapa, originally a helicopter pilot, has transitioned into a successful entrepreneur, owning multiple business ventures including the Annapurna Media Network. Yet, beyond his business ventures, Thapa is also recognized as a responsible citizen deeply committed to the political stability and development of Nepal.

During the book unveiling ceremony, Oli spoke about the importance of such contributions to society. He praised Capt Thapa for bringing forward a story that not only reflects individual experiences but also touches upon broader societal and political issues. In his speech, Oli didn’t just focus on the book’s content; he connected it to the larger narrative of Nepal’s political history, particularly the period of the Maoist insurgency, which many refer to in Nepal as ‘Maoist violence’. Capt Thapa flew helicopters during the insurgency to rescue the innocent people and brought hundreds of dead bodies, especially of security personnel shot by the Maoists.    

Oli’s appreciation extended further when he encouraged Thapa to write a second book. Oli suggested that the second book should delve deeper into political geography, offering more detailed observations about the Maoist violence and its impact on Nepali society. Oli’s suggestion was a reflection of his belief in the power of literature to shape public discourse and influence political thought.

The event also highlighted how Capt Thapa bridged political differences between UML and Congress. Capt Thapa’s role in bringing together the CPN-UML and the Nepali Congress to form a new ruling alliance under Oli’s premiership speaks for itself. 

Oli’s influence is not only confined to the political circle; it extends across generations and professions. Whether addressing a group of schoolchildren or speaking at a seminar attended by senior citizens, Oli has the ability to connect with his audience. One of the most surprising aspects of his persona is his breadth of knowledge. He speaks with authority on subjects ranging from philosophy and science to climate change and social issues. This wide-ranging expertise often leaves his audiences in awe, prompting them to fact-check his statements using modern tools like Google or ChatGPT.

Oli’s appeal across different age groups is another testament to his unique leadership style. He understands the language of children, addressing their concerns and aspirations with empathy and clarity. At the same time, he connects with senior citizens, acknowledging their wisdom and life experiences. In a world where many leaders struggle to reverberate beyond their immediate circles, Oli has managed to build a broad base of support that cuts across generational divides.

In many ways, Oli is a leader who defies conventional expectations. He is not content with merely playing the political game; he seeks to redefine the rules, challenging his contemporaries and successors alike to rise to the occasion. His intellectual rigor, combined with his practical approach to governance, has made him a brand in his own right—a leader who is not only followed but also revered.

In the tumultuous Nepali politics, Oli stands out as a figure of stability, vision and inspiration. His love for reading and deep intellectual engagement have shaped his leadership style, allowing him to anticipate challenges and craft policies that address the needs of the present while preparing for the future. Whether in power or not, Oli’s influence is felt across society, making him a true leader in every sense of the word.

Views are personal

The need for constitutional amendments arises when its provisions are found to be ambiguous. A constitution deserves to be amended for the sake of clarity and brevity. It is presumed that such amendments address societal changes and align with the expectation of the people.

The 2015 Constitution of Nepal is the first charter promulgated by the elected representatives at the Constituent Assembly. It marked a significant milestone, establishing a robust framework for federalism and inclusivity. While celebrating Constitution Day, the stakeholders could advocate for necessary amendments to strengthen the constitutional democracy, as this young republic deserves a prosperous future.

This article delves into some of the provisions that could be amended to bring about reforms and ensure greater clarity.

Fundamental rights

The fundamental rights (FR) should have enforcement value, not mere ornamental value. The rights which could be enforced in true and material sense could be recognized as FR and others could be put under Directive Principles, which are subject to economic viability of the state. 

For instance, rights of consumer, right to employment, right to food, or right to housing could be shifted to Directive Principles. Take an example of India. Initially, right to property was a fundamental right in India under Article 19(1)(f) but later in 1978 by virtue of 44th amendment it was omitted and declared a constitutional right under Article 300A.

Electoral reformation

Under the current constitutional electoral regime, every political party has the opportunity to contest the election. However, securing a clear majority remains a challenging task for any party or alliance. This difficulty impacts the effective implementation of programs and policies, which can have significant long-term consequences.  

Of the 165 electoral constituencies, there could be some reserved for marginalized communities, in line with inclusive policy. This would compel the political parties to give tickets to candidates from diverse ethnic groups within the first-past-the-post (FPTP) category. Ultimately, such a measure would promote fair representation of marginalized community members in the House of Representatives (HoR).

Moreover, the weightage for the FPTP category could be increased to 70 percent, while the proportional representation weightage could be adjusted to 30 percent. This change would ensure fair representation of underprivileged groups in the legislature and simultaneously lessen the likelihood of a hung parliament. In addition, the strength of HoR could be reduced to 205, like that of the 1990 constitution. 

Constitutional bench

The mandatory presence of Chief Justice (CJ) at the Constitutional Bench (CB) may not be appropriate, possible and practical in every given circumstance. If the CJ has a recusal in a case presented before the CB, what would be the alternative then? There would be unreasonable delays in such case proceedings. 

Article 137 could be amended and envisage that the senior-most judge at the apex court shall preside over the CB in special circumstances.

Also, the current constitutional provision, which mandates that the CB has jurisdiction over the electoral disputes relating to polls to federal parliament and state assembly elections, ought to be reconsidered. The CB has dismissed almost all the electoral dispute cases, save for Rabi Lamichhane's case where the CB had annulled Lamichhane's status as a lawmaker, citing invalid citizenship he had produced to fight the election. 

It would be better to confer the power on the High Courts to adjudicate poll disputes, for such a move would help the parties to lodge the cases in their respective provinces. It would be time and cost effective too. 

Meanwhile, there could be an amendment under Article 137, providing powers to the High Courts to test the constitutional validity of legislations drafted by local bodies and provinces both. The full-bench comprising three judges could adjudicate the matter. In India, the High Courts are entrusted with the power to judicially review the provincial laws. 

Also, the High Courts could have original jurisdiction in any disputes between local bodies within their respective provinces.  

Parliamentary hearing

The parliamentary hearing for the CJ and SC judges goes against the spirit of separation of powers. This provision represents an attack on the independence of the judiciary by political parties. Interestingly, the CJ must undergo parliamentary hearings twice: once before being appointed as judge at SC and again when being elevated to the office of CJ. This derogatory provision of Article 292 ought to be amended. 

Judicial council

The composition of the Judicial Council (JC), a powerful body responsible for the appointment, transfer and disciplinary action against judges, is deeply influenced by politics. This is because the Law Minister; an expert appointed by the President on the recommendation of the Prime Minister; and an advocate appointed by the President on the recommendation of the Bar Association constitute the majority of its members with political nature.

The JC is a five-member body that includes the CJ as Chairperson and the senior-most judge of the SC as one of its members. However, with three members having political affiliations, their majority enables political intervention to persist. To address this issue, Article 153 could be amended to reduce the influence of political interest groups in the judicial appointment process, thereby enhancing the integrity of the judiciary. One more senior judge of SC could be accommodated under the Council replacing an expert who represents the government. 

Constitutional commissions

The Commissions envisaged under the constitution don’t necessarily look similar in terms of status. There appear three different forms of Commissions with different status. Simply put, the Commissions, including Commission for the Investigation of Abuse of Authority, outlined under Part 21-26 look like constitutional commission. Under Part-27, National Women Commission, Dalit Commission and National Inclusion Commission appear as having similar status while other four commissions, including that of Madheshi Commission, look like a mere legal entity and thereby, they could be dealt under a federal law. 

The constitution provides that there shall be review of Commissions provided under Part-27 after 10 years of the enforcement of the constitution. However, if the reviews could occur every ten years, then it would ensure the commissions remain effective and relevant over the time.

The Commissions formed under Part-27 have almost similar powers and functions. They could be merged under the National Inclusion Commission and other Commissions (as envisaged under Part-27) could be established under the federal laws, if needed. This will alleviate unnecessary financial burden and streamline efforts to mainstream weaker sections.  

Civil service

The civil service of the province and local bodies should be brought within the jurisdiction of the provincial civil service. There could be amendments under Article 285(3). This will bolster administrative federalism. 

Directive principle

Article 51(j)(8) envisages that the indigenous community members would be “participated in the decision making process that concerns them”. However, the approach is different in case of Madhesi people. Article 51(j)(10) provides that special arrangements would be made for the Madheshi and backward communities for ensuring equal distribution of benefits and opportunities. The constitution does not mandate that the Madheshi and other targeted communities would be “participated in the decision making process that concerns them”.

Way forward

Since the adoption of the Constitution in 2015, it has become clear that many provisions lack clarity and brevity.  On several occasions, it appears that the words used under statute are grammatically incorrect and could be refined by experts. The provision dealing with the Judicial Committee of municipalities needs clarification, as local bodies are increasingly claiming jurisdiction comparable to regular courts. Also, an article could be added to deal with Local Court. 

The constitution is silent as to whether the consent of provinces or local bodies is required when amending the legislative powers of local government, as outlined under Schedule-VIII. The constitutional framework could declare the Vice president as the ex-officio chair of the Upper House, as is the case in India. Also, the provision relating to government formation under Article 76 is in want of amendment. The issues, which don’t have long-term importance, could be removed from directive principles.   

The constitutional amendment could be a step in the right direction toward reclaiming the original vision for Nepal, as the people deserve to live in a democratic polity that respects constitutionalism and ensures stability and the rule of law. 

The authors have been working as judicial officers with the Supreme Court of Nepal