Constitution Day Reflection: Challenges in the Implementation of Constitution

Hamrakura
Published 2023 Sep 20 Wednesday

Kathmandu: As country celebrates its Eighth Constitution Day, it is a moment for profound introspection regarding the practical implementation of the constitution. The present constitution symbolizes the culmination of nearly seven decades of the Nepali people's struggle to draft their supreme law. It stands as a testament to their resilience, sacrifices, and perseverance.

This constitution holds distinct significance compared to its predecessors, as it was formulated by a Constituent Assembly elected through universal suffrage. It effectively established a state system founded on principles of federalism, republicanism, secularism, and inclusiveness, with an added commitment to a socialism-oriented state.

The roots of this constitution can be traced back to the 12-point agreement forged between the Maoist party and a coalition of seven pro-parliamentary parties. This historic agreement concluded the decade-long civil war and paved the way for the Comprehensive Peace Accord and the Interim Constitution. The 'April revolution,' a joint movement led by the Maoists and the seven-party alliance, played a pivotal role in ending the monarchy.

The Comprehensive Peace Accord recognized that caste, class, regional, and gender-based discriminations were at the heart of Nepal's conflicts. The Maoist party had taken up arms to address these issues. After nearly a decade of conflict, with significant human and material costs, the parties involved agreed to resolve the conflict through dialogue, culminating in the 12-point accord.

The central tenet of the new constitution was to address the root causes of conflict, aiming for economic and social transformation through a forward-looking state restructuring. It acknowledged that rectifying oppression, injustices, and disparities entrenched by the previous unitary state system was crucial for achieving lasting peace.

The constitution, drafted and promulgated by a people-elected Constituent Assembly, is recognized as one of the world's most democratic constitutions. It mirrors Nepal's diversity and the aspirations of its people. The day when the Constituent Assembly adopted this constitution with an overwhelming majority, on September 20, 2015, marks a watershed moment in Nepal's history.

This constitution institutionalized federalism, republicanism, secularism, and inclusiveness, placing citizens at the core. The genuine and honest implementation of these four fundamental principles is now imperative.

At present, Nepal's political landscape no longer necessitates movements to secure civil and political rights. Consequently, this constitution has ushered in an era of peace and political stability.

Federalism has devolved state power to provinces and local governments, bringing decision-making closer to the people. Marginalized communities are gaining representation in political institutions and state bodies, a testament to the constitution's commitment to social justice and inclusiveness.

The constitution also guarantees 31 fundamental rights, including provisions for citizenship issuance in the mother's name, granting citizenship to children born to citizens, and extending citizenship to non-resident Nepalis.

Furthermore, the constitution encourages a three-pillar economy comprising the private sector, government, and cooperatives, emphasizing foreign direct investment for national economic growth. It also underscores social welfare and environmental conservation. In many aspects, this constitution represents the most progressive in Nepal's history.

Challenges:

However, despite Nepal's significant progress toward democratic governance, challenges remain. A constitution, no matter how democratic and progressive, is only as effective as its implementation. Political parties, the primary drivers of the nation's politics, are yet to fully embody the inclusive, democratic, and adaptable spirit of the constitution. The unitary structure and approach of both the judiciary and political parties have created confusion in implementing federalism.

The issue of transitional justice, an essential component of the peace process, remains unresolved, necessitating urgent attention to establish peace and provide reparations to conflict victims.

Resource allocation, administrative capacity, and inter-governmental coordination are ongoing challenges in the federalization process, requiring resolution to fulfill the constitution's objectives.

Addressing concerns through constitutional amendments is another challenge, while safeguarding national unity, security, political stability, and development are paramount.

Reviving the economy through job creation, infrastructure development, poverty alleviation, and sustainable development goal achievement presents additional challenges.

The 'mixed' governance structure adopted by the constitution has not delivered the expected political stability, necessitating governance system reforms.

As Nepal is strategically positioned between India and China, maintaining a balanced foreign policy that prioritizes national interests amid evolving global dynamics is an ongoing challenge.

Conclusion:

Constitution Day serves as a moment of reflection on the constitution's progress and an opportunity to recommit to its preservation. The constitution is dynamic and should be amended to address the nation's evolving needs.

Guaranteeing fundamental rights is a crucial step, but practical laws must be enacted to enforce them. Establishing good governance, rule of law, fostering democratic values, strengthening state institutions, and building a robust economy are priorities for effective constitution implementation.

Political leaders must demonstrate wisdom and foresight to address domestic and international challenges while upholding this historic constitution. Preserving national sovereignty and territorial integrity in the midst of complex geopolitical developments through a balanced foreign policy remains a paramount challenge.

Despite the challenges, the constitution inspires hope. It is now up to the nation to overcome these obstacles and work collectively to ensure the constitution's true spirit is upheld and its promises realized.



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