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SOCIETY, POLITICS
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Ten years on, Nepal's constitution faces its toughest test amid Gen Z protests

The constant changes in governments eroded the public trust and full-fledged enforcement of constitutional. Proportionality, the federal setup, and the incorporation of marginalized voices were supposed to make the state more representative of citizens, but their effectiveness failed to take shape.
By Narayan Upadhyay

Nepal is celebrating the 10th Constitution Day amid a politically volatile time. The Day follows just over a week after the Gen-Z protest rocked the country, brought down the government, and dissolved the House of Representatives. This very event was a poignant reminder that the constitution is not a document but the pillar of Nepal’s democracy. Its survival through the protest was no easy achievement. President Ramchandra Paudel's decision to dissolve parliament as per interim Prime Minister Sushila Karki's advice, and the protesters who turned violent following the death of 21 youths, created a huge pressure.



However, a strong national consensus among political parties, civil society leaders, and Gen Z youths later succeeded in preserving the constitution. Now new elections must be held as per the constitution on its stipulated date, while youths have called for some changes in the charter, which can be done only after the March 5, 2026 election.


The decade-long journey of the charter has been marked by trials and tribulations. Since its enactment on September 20, 2015, the nation has had nine governments and scores of ministers, all with promises of good governance but drawing wider criticism for corruption and for causing instability. The constant changes in governments eroded the public trust and full-fledged enforcement of constitutional. Proportionality, the federal setup, and the incorporation of marginalized voices were supposed to make the state more representative of citizens, but their effectiveness failed to take shape. The majority of the fundamental rights outlined in the constitution remain unimplemented.


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The constitution was drafted by an elected parliament, or the Constituent Assembly, after decades of political turmoil-- a ten-year-long civil war and the loss of thousands of lives. It institutionalized federalism, republicanism, and secularism, giving Nepal a modern democratic system. It had promised equality and inclusivity with 33 percent reservation for women in state institutions and room for Dalits, indigenous people, Madhesis, Tharus, Muslims, and other erstwhile excluded communities. It ensured education, health, employment, and social security as constitutional rights and established autonomous constitutional bodies such as the judiciary and human rights commission to keep a check on abuse of power.


But ten years down the line, disillusionment has set in. The Gen-Z protest was not against democracy but against those who were abusing it. The protest leaders were quite specific that they were not seeking a change in the system but in behavior. The protest laid bare how parties had politicized the constitution as a bargaining tool for power and pushed the vision of inclusion and accountability that the charter sought to preserve to the margins. This dissatisfaction is common among the majority of citizens who view corruption crises, policy inertia, and bad governance as manifestations of a broader inability to uphold the constitution’s objectives.


This anniversary is thus both a celebration and a warning. The constitution has successfully weathered a recent political earthquake, but it must not be imagined that it will always hold. Therefore, it needs to be strengthened by wise reforms. At present, pressure for constitutional change is building, notably on electoral setup, federal perimeters, representation, and the status of the provincial governments. Reforms on these issues must be carried out through negotiation and agreement, and not through power plays that serve to reinforce polarization in society.


Our constitution's biggest strength is its adaptability. It can be modernized with timely reform, expert recommendations, and involvement of citizens. However, the real test lies in its application and how such reforms are done. Meanwhile, political parties and leaders should avoid politicizing the constitution as a tool to serve their interests only while trampling on the rights and aspirations of people by overlooking their fundamental rights. Citizens should therefore be constantly vigilant against any attempt to subvert their rights while democratic and constitutional institutions need to function independently and impartially.


On this Constitution Day, an opportunity to begin anew has knocked at the nation’s door. The political parties, the government, and civil society must realize that this anniversary is an opportunity to reestablish trust. They must pledge to uphold and implement the constitution in its true spirit, resolve the problems of the youth generation, and make good on promises of justice, equality, and prosperity.


Nepal’s quest for a constitution has been achieved through blood, toil and sweat. Over the years, it has provided the nation with a common platform for development and good governance. Now the time has come to convert this platform into action to fulfill the demands of youths and citizens for a corruption-free Nepal with efficient governance along with protection of all rights of the people. Failing this, there will be increased frustration, and instability will start reigning.

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