In Nepal, there is a general tendency to blame the constitution for every political failure. Many voices hold it responsible for rising corruption and political instability. However, no matter how perfect a constitution may be, it becomes nothing more than a piece of paper unless it is implemented in both letter and spirit.
The constitution of Nepal, which came into effect on September 20, 2015, marked the country's transition from a long-stayed unitary system to a federal structure. Federalism was introduced as an alternative to the long-standing constitutional monarchy, which had failed to deliver. Today, however, some youths blame the federal constitution, arguing that provincial governments are an expensive burden for a country with limited resources. Yet, the constitution--with its strong provisions for inclusivity, republicanism, devolution of powers, progressive fundamental rights and federalism—cannot itself be held responsible for the failures of nation's political course.
Need for Moral and Civic Education
If we revisit the unfortunate incidents witnessed during the Gen-Z protest, the burning of government documents and assets,along with vandalism and looting of both private and publicproperty, conveys the message that a section of society lacks civic sense and is ready to loot at any given opportunity.
This reflects that the concepts of morality and civic responsibility are yet to be deeply rooted among a section of Nepalis. If our democracy produces youths who can burn government assets and documents, or vandalize private business and property, we can conclude that civic values have been seriously compromised.
The viral videos reveal the unfortunate reality of some youthswho, while protesting against the incumbent government, also aligned themselves with those looting government offices and private enterprises such as Bhatbhateni Mall.
This exposes our unchecked greed for money and material possessions. Its high time for the state to introduce subjects, like that of Moral and Civic Studies as mandatory courses at every level of education.
Blame the politics
In Nepal, none of the governments formed after 1990 have completed a full five-year term. The state has witnessed the greedy dance of political parties in their pursuit of power and positions. We saw communist parties forging alliances with the democratic forces, and even conflicts breaking out within communist alliance governments. These incidents prove that our political parties neither stood firmly with their ideology, nor practiced politics in line with constitutional mandates.
Perhaps we are the only democracy in world where leaders resort to forgery in Bills passed by the House. We saw that in case of Federal Civil Service Bill this year.
We might also be the only country where top leaders publicly hurl thorny comments against the opposition. A former education Minister once remarked that KP Oli is like the "Pele of Football" who cannot be defeated or overthrown by any earthly power. KP Oli himself has an inherent habit of passing sharp comments and making fun of others.
The governments formed after the promulgation of the current constitution have failed to deliver. This is a well-known fact. The state has witnessed massive corruption, limited initiatives for employment creation, and an almost negligible role of the government in ensuring good governance.
The constitution does not allow for the corrupt practices. However, the document itself, like a ghost, cannot punish the abusers. It’s the government and constitutional mechanisms that must demonstrate a strong commitment to upholding the rule of law.
We have seen appointments to the constitutional posts made for individuals with clear political affiliations. At times, their power-hungry nature has challenged the principle of separation of powers. A person of high moral stature would ordinarily refrain from accepting positions they believe compromise this principle. Yet, in Nepal, such individuals are rarely found. Should constitution be blamed for this? We reiterate that moral education and civic sense must be imparted not only to our youths but also to our professionals.
Way forward
As a matter of fact, no constitutional or legal document is so perfect that it can provide a solution to every given problem of every generation. That’s why, laws and constitutions are regarded as living documents, capable of being amended to ensuring broader ownership and necessary reforms.
In India, the 1949 Constitution has been amended 106 times so far, and the US constitution has witnessed 27 amendments. In the similar vein, we can introduce amendments in our constitution to make it more progressive. We are already operating our democracy under our seventh constitution. Frequent changes to it every decade would create wrong impression in world and could invite political instability.
The failure of our leaders cannot be seen as the failure of the constitution. If those at the helm take pledge to practice genuine politics—free from corruption and unlawful elements-- then our democracy would possess everything required for a sustainable future. Our constitution envisions for a welfare state grounded in the firm foundations of the rule of law and good governance. Its high time we translate the mandates of the constitution into reality for advancing the cause of rule of law and a vibrant democracy.
