KATHMANDU, Sept 19: Ten years after Nepal’s constitution was promulgated, the country has made political, social, and economic strides—but the charter itself remains “wounded in implementation.” Experts and activists argue that incomplete laws, ignored provisions, and the recent Gen-Z movement have exposed gaps that demand urgent attention.
The Gen-Z movement, which called for corruption control, good governance, and a directly elected executive, led to the toppling of the government. Some critics claim that the constitution was violated during the formation of a new administration, highlighting weaknesses in its implementation.
The constitution, both a political and legal document, came under pressure even before full enactment. Over 22 laws related to civil service, education, police, and armed police remain pending, and until they are passed, experts argue that the constitution cannot be considered fully implemented.
Calls for a constitutional amendment began even before these laws could be drafted, making the amendment a central national agenda. Experts say the time is right for revision to address unresolved issues, respond to public demands, and anticipate future challenges.
Political science professor Krishna Pokharel noted that many current problems arose because key constitutional provisions were ignored. “Political parties failed to implement the constitution properly, interpreted it for their own benefit, and overlooked public concerns. Provinces still lack proper authority even after a decade,” he said. Pokharel added that major parties treated constitutional amendments like the tusks of an elephant—visible but unused—raising the issue only to secure power and positions, creating public dissatisfaction.
He stressed that constitutional review is natural, and the Gen-Z movement highlighted its necessity. Since the current government is interim, its primary role is limited to maintaining law and order and holding timely elections, leaving amendment issues unresolved. Experts suggest that political parties contest the next election with a clear amendment agenda. “To prevent the constitution from derailing, parties must present specific proposals to the people and even consider forming new political forces led by Gen-Z,” Pokharel added.
Even before the dissolution of the House of Representatives, amendment efforts faced disagreements. During the Madhesh Movement, proposals emerged to address related demands, but Parliament lacked the two-thirds majority needed. Concerns also lingered that amendments could weaken national unity, especially on sensitive issues like provincial boundaries and citizenship. Legal experts emphasize that amendments require careful discussion and judicial oversight, as the Supreme Court can declare proposals unconstitutional if they conflict with the Constitution’s preamble.
Senior advocate Bipin Adhikari noted that constitutional amendments can only occur through the next elected Parliament. “The interim government exists solely to conduct elections. Afterwards, a two-thirds majority in the new Parliament can make amendments. Political parties must take their agendas to the people,” he said.