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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

Nobel laureate Mohammad Yunus, as the nominee of the agitating student leaders, is leading the advisory government of Bangladesh after the students uprising of July succeeded in dislodging Sheikh Hasina’s 15-year-old dictatorial government. As per the Army Chief’s advice, as reported, Hasina resigned and fled to India for her safety in the wake of violent protests. The takeover of the country has brought back a semblance of law and order in the country after a spate of revengeful activities targeted against Hasina’s supporters and the minority Hindu community. At this point in time, the Yunus government would do well to draw a roadmap for holding elections at the earliest to restore democracy, as Bangladesh has a history of frequent military interventions.

Per media reports, more than 400 agitators lost their lives since the agitation began. But a question arises: Did the Hasina government direct the army to shoot so many people? The army could have exercised restraint, as the protesters were not its enemy. Had it made its limitations known to the government, the result could have been different. If that had happened, Hasina, in all likelihood, would have been spared the trouble of fleeing the country to save her life.

With Hasina effectively out of national politics, the army has become more relevant, as without its support the interim government cannot function.     

Looking back, Bangladesh is the youngest country of South Asia created in 1972. Hitherto, it was West Pakistan, which was the creation of the partition of India in August 1947 on the ground of Muslim-majority areas. Mujibur Rahman, who achieved independence for Bangladesh with support from India, was not allowed to lead the country, as he was assassinated along with all family members except his two daughters (who were abroad) on 15 Aug 1975, the independence day of India. Ziaur Rahman, who led the military coup against Mujib, ruled the country from 1975 to 1981 after which another military General Hussain Mohammed Ershad held the reins from 1982 to 1990. 

The politics changed gradually, as Khaleda Zia, the widow of Ziaur Rahman, assumed assassinated at the hands of the Ershad group and Sheikh Hasina (in revenge of the assassination of her father and other family members), joine hands against Ershad, who paved the way for the restoration of parliamentary system. In 1991, a caretaker government held general elections through which Khaleda Zia came to power and completed her five-year term. The tradition of caretaker governments holding elections continued in 1996, 2001 and 2008. Hasina formed the government in 1996 after a poll win, only to lose power to her nemesis Khaleda in 2001. Two years after getting elected for the second time in 2009, Hasina abolished the system, sparking a strident opposition from Khaleda and her party. The relations between the two parties (Hasina’s Awami League and Zia’s Bangladesh Nationalist Party) and the two leaders got so worse that Zia and her party did not contest the 2024 general elections, after which Zia landed behind bars on charges of corruption. 

Hasina’s decision to rule the country single-handedly by ignoring, suppressing and persecuting the opposition on the charges of corruption ultimately brought about her downfall.

As Hasina appeared increasingly partisan, this shade of hers perhaps led people to believe that she was no longer a leader suitable for steering an unstable democracy, which has suffered repeated military coups. Her sudden departure from the political scene was the result of constant and concerted efforts on the part of her opponents to remove her from power. It is quite possible that the powerful elements opposing Sheikh Mujibur Rahman did not like to see his heir Hasina leading an independent and secular Bangladesh with good relations with India as the demolition of the statue of Rahman and burning of the houses of the Hindus show. 

Hasina’s autocratic rule and a strain of extremism coming from the political force under Khaleda Zia helped the situation to explode. A major reason for the agitation was the legal provision of reserving 30 percent quota for the family members of the veterans of 1971’s war of independence against Pakistan. Though morally justified during the early days of independence, the quota system had lost its relevance. Perhaps oblivious to the atrocities that their parents suffered during the struggle for independence, the new generation is fighting for a better life amid limited opportunities for employment.

What has happened in Bangladesh can happen in any other country with similar conditions. Politicians blinded by absolute power never want to give it up. They want to cling to power by hook or crook. They do not realize that a prolonged stay in positions of power makes them repulsive.  If the frustration among the youth and public despair continue for long and politicians do not take suitable measures to address this volatile situation, public outrage may erupt like a volcano in Nepal also. 

Climate change is profoundly impacting remote areas in Nepal, especially in the fragile landscapes of the Tarai and Madhes regions. 

Nepal ranks 10th globally in climate vulnerability, and its diverse geography and climate make it critical to address climate change and several of its impacts affecting communities disproportionately based on their gender, ethnicity, poverty, disability, social inclusivity and exclusivity (GEDSI). Research indicates that women and people with disabilities are disproportionately affected by climate-induced disasters like floods, droughts, heatwaves, and erratic rainfall. 

For instance, in the Tarai-Madhes plains, increasing temperatures and humidity have led to a rise in snake and scorpion bites, disproportionately impacting those with disabilities. Additionally, declining water tables exacerbate water scarcity issues, affecting women more, as water management is often considered their responsibility. In addition, infrastructure such as water taps and public toilets is frequently not disability-friendly.

Climate change has also introduced new health risks. Diseases like dengue and plague, previously rare in Nepal, have become more common due to rising temperatures and humidity. The agricultural sector, vital for the Tarai and Madhes economies, is facing significant challenges due to altered weather patterns. Traditional farming, reliant on outdated infrastructure, is increasingly difficult due to droughts, heatwaves and erratic rainfall. This affects both micro and macro-economics, underscoring the need for urgent adaptation measures.

Housing in rural areas, particularly in the Tarai, is highly susceptible to fire hazards due to the use of combustible materials like timber and thatch. Increased forest fires and modern appliances contribute to rising fire risks. The government of Nepal's policy on disaster risk reduction highlights fire hazards as a significant threat, exacerbated by climate change.

People’s (with disabilities) safety depends on safe shelter and infrastructure regarding how disability-friendly they are. Depending on affordability, different housing models need to be proposed and demonstrated. Those who prefer concrete structures have to compulsorily follow the standard building codes as prescribed by the government agency. People with relatively slim resources could be advised to build houses with light materials such as iron sheet roofs, earthquake- and fire-resistant floors and wall materials. But one must make sure that such shelters are resistant to all kinds of disasters, including venomous fauna—snakes and scorpions. 

Despite growing awareness of climate change and disaster risks, many people, especially in rural areas, lack adequate knowledge and preparedness. The incorporation of disability-oriented disaster risk reduction (DiDRR) concepts in policies and the formation of local disaster management committees (DMCs) are critical. These committees should include representatives from security forces, district administrations, civil society and disability groups. Raising awareness on these committees is essential for effective disaster response and preparedness.

The GEDSI approach is critical in addressing climate change impacts because it ensures that adaptation and mitigation strategies are equitable and inclusive. Without integrating GEDSI principles, policies and interventions risk perpetuating existing inequalities and excluding the most vulnerable populations. By acknowledging and addressing the specific needs and challenges facing marginalized groups—women, people with disabilities, and marginalized ethnic and caste communities—adaptation measures become more effective and sustainable. This approach not only enhances the resilience of these groups but also promotes social justice and equity, ensuring that no one is left behind in the face of climate change.

To enhance resilience, it is vital to promote inclusive and disaster-resistant infrastructure. Housing models should consider affordability and safety, with concrete structures adhering to building codes and more affordable options using fire-resistant materials. Additionally, disability-friendly features are crucial for ensuring safe shelters.

Promoting climate-resilient agriculture through smart practices is also crucial. Training programs on climate-smart agriculture should address local conditions and challenges, enhancing food security and agricultural sustainability. Implementing these practices will help communities adapt to climate change while ensuring that all segments, including people with disabilities, benefit from improved agricultural productivity.

To summarize, addressing climate change in the Madhes and Tarai regions necessitates a multifaceted approach that includes disability-specific disaster risk reduction, inclusive infrastructure and climate-smart agricultural practices. Effective adaptation and mitigation strategies will enhance resilience and ensure that all community members, particularly the most vulnerable, can cope with the changing climate.

The author is an environment and climate change expert

Motiram Bhatta was born in Kathmandu on 8 Sept 1866 at Bhosiko Tole as the second son of Dayaram Bhatta and Ripumardini Devi Bhatta. He was born on Kuse Aunshi (The dark fortnight of the month of Bhadra) and died on the same day on Kuse Aunshi in 1896. This is considered a good coincidence.

The contributions of Yuvakavi (the youth poet) to Nepali literature are enormous and incomparable. He is considered the first  biographer of Nepali literature. He wrote the biography of ‘Adikavi’ Bhanubhakta Acharya titled ‘Kavi Bhanubhaktako Jiwancharitra’. His other works include a rather long poetical work  Gajendramoksha (based on the myth of an elephant’s emancipation at the hands of Lord Vishnu), Prahlad Bhakti Katha (Prahlad’s story of devotion) and Ushacharitra, also based on mythological themes. Pikdut in which he makes a bird his messenger to his separated beloved in the style of great Sanskrit poet Kalidas ‘Meghdut’. Kamal-Bhramar Sambad (dialogues between the lotus and the bumblebee), Bhramargit (the song of the bumblebee) and Kavi Samuhnam (the description of poets) are his other marvels and so are ‘Manoveg Pravaha’ and ‘Panchak Prapanch’.  He was also a playwright, who wrote ‘Shakuntla’, ‘Priyadarshika’ and ‘Padmavati’. In the words of critic Kumar Pradhan, “His creative period started in 1883 and before his death at the age of 30, Motiram is reported to have written many more works than that have been published.”

Thus, he established himself as the genius and the living legend of Nepali literature. He was exposed to the outside world, especially in the neighboring India where he learned Hindi, Urdu and Persian languages. He also wrote a couple of ghazals and became a pioneer in this genre but this was not his main purpose. At that time, Varanasi (Venaras) was also the center of Nepali language. So, he concentrated mainly on the development of Nepali language and literature as it was his mother tongue. 

Critic Abhi Subedi is right in his observation. I quote him here: “In reality Motiram is the first  conscious artist and a very dexterous craftsman. On top of  being a good scholar and lover of language and literature he was the first critic and the first poet to bring literature to the common people.”

He also started to write Kuta Padya (knotty poetry) and poems related to problem-solving (poetic problem solving), which is called Samasyapurti in Nepali, which was the fashion of that time. He learned it from famous Hindi poet Bhartendu Harischandra and also imitated the trend of ghazal writing from him. Thus he became a pioneer ghazal writer in Nepali language.

We Nepali writers are fortunate enough to have known Bhanubhakta Acharya due to Motiram, who brought him to light first of all by publishing his immortal poetic epic, the Ramayan. He did some research first of all and then compiled his poetic creations and also published them. Firstly, he published the Balkand (child episode of Ram) and then wrote the whole biography of Bhanubhakta. He also became a pioneer in the field of journalism, which was unknown at that time. 

No journal was in publication at that time. So, he published a literary monthly journal named ‘Gorkha Bharat Jiwan’ in 1863, in cooperation with his friend Ram Krishna Verma, who was the owner of a printing press in Venaras.

To paraphrase Prof Govind Raj Bhattarai, “In a remarkably brief period of time, the life of Motiram, the visionary, vibrant and multi-talented youth, was extinguished. Motiram introduced Bhanubhakta by writing Bhanubhaktako Jeevan Charita, which has been translated into English by Mitbir Rai of Darjeeling. This is the first book of biography of the first poet as well as the foundation stone of Nepali criticism.”

He commenced a historical work in the field of journalism. Thus, he is remembered as a legendary  litterateur as well as a legendary journalist. He was also an expert on ghazal writing and his ghazals are very sweet and popular with a very soothing and balmy tone.

I would like to quote here the famous Pakistani ghazal singer Mehadi  Hasan: “For me, ghazal is delicate. When a deer is deeply wounded by a hunter, it runs into the forest for its life and the sound that comes from it just when it’s about to die, that sound is ghazal.’Tone, words and rhythm from the face of ghazal, the subjects of love lost, even love won and wounded sensibilities are deeply enmeshed within the ghazal form. But take it a step further and it can become metamorphic, the subject in the ghazal can become a country, the love for a country, the love for two countries to mingle again. And on a higher level, the words in the ghazal associated with the beloved can be a reaching out to God.”

In short, ghazal is a gossip between the lover and the beloved in solitude. Motiram’s ghazals create a soothing effect on the listeners and audience equally. He was a  romantic poet and ghazal writer. So he wrote some romantic ghazals such as “ Dubai ankhi bhaun ta katar chhan, tarbar kina chahiyo. Timi afai malik bhai gayau  sarkar kina chahiyo.” The translation goes something like this: Your eyebrows are like knives, why do you need a sword? You are the lord yourself, why do you need a government? His another popular ghazal is “Jata heryo utai mera najarma Ram pyara chhan,” which translates into: I see my dear Lord Ram everywhere. 

Motiram is considered the father of ghazal writing in Nepali language and literature. He was the  first singer of love and beauty in Nepal. John Keats’ words “A thing of beauty is a joy for ever” ring true in the case of Motiram’s works. 

Madhav Lal Karmacharya is quite correct in his observation. He goes: Sometimes after 1883, a new phase appeared with the introduction of the elements of love and beauty, and that period came to be known as the period of ‘Sringar Sahitya’ meaning the literature marked with the traits of love and beauty. The pioneer poet of this period was Bhatta, thanks to his zeal and enthusiasm, a number of dramas, novels, lyrics, gazals, folk songs, literary criticisms, etc were published.”