Kathmandu: As Nepal celebrates Constitution Day on Asoj 3, marking nine years since the promulgation of the 2015 Constitution, it is time to review the enforcement status of the document that reshaped Nepal’s governance.

The constitution, born out of struggles and sacrifices, brought an end to the centuries-old unitary system and established a federal democratic republic. With the second round of elections held across the federal, provincial, and local levels, the system has gained momentum, but challenges remain.

Key Features of the Constitution
The 2015 Constitution made citizens the center of state power, recognizing past struggles and setting forth national goals, policies, and ambitions, including an expansive list of fundamental rights. A defining characteristic of the Constitution is the emphasis on coexistence, cooperation, and collaboration between the three layers of government—federal, provincial, and local. Despite positive strides, questions arise about how well the constitution’s provisions are being enforced, particularly in areas such as fundamental rights.

Need for Review and Strengthening
A decade into the new system, Nepal has experienced frequent government changes and political instability, particularly at the federal level. This instability has had ripple effects on the provinces, contributing to governance issues. The electoral system and the formation of coalition governments have been cited as factors behind the instability, raising concerns about its impact on governance.

Corruption and Governance Challenges
The constitution's promise of sustainable peace, good governance, and prosperity has been marred by rising corruption, particularly at the local level. The Commission for the Investigation of Abuse of Authority (CIAA) recently flagged financial irregularities involving collusion between elected officials and government employees, hindering development efforts.

Legal and Administrative Delays
A major stumbling block in the enforcement of federalism is the delay in enacting essential laws. Federal bills related to police administration, civil service, and education remain pending, stalling progress at provincial and local levels. The absence of laws has created uncertainty, and without proper legal frameworks, effective governance and service delivery remain challenging.

Empowering Subnational Governments
The success of the federal system hinges on strengthening provincial and local governments. However, these governments have struggled to deliver services due to limited fiscal resources and centralized control over revenue generation. Federalism expert Dr. Khimlal Devkota highlights the need for better coordination and clear frameworks for resource distribution between the federal, provincial, and local governments.

Constitutional Amendment Debate
As Nepal approaches the decadal mark of the 2015 Constitution, the topic of amendment has resurfaced, particularly regarding the electoral system. While the exact scope of potential amendments is not clear, there is consensus that any amendment should be based on thorough study and consultation with legal and constitutional experts. Ensuring the continued protection of citizens’ rights, inclusion, and proportional representation should remain central to any constitutional changes.

In conclusion, as Nepal celebrates its ninth Constitution Day, it is time for reflection and action. Strengthening subnational governments, addressing corruption, and expediting legal frameworks are crucial for the effective implementation of the Constitution and the realization of the nation’s goals of prosperity and happiness for all.