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Kathmandu Wednesday November 08, 2000 Kartik 23, 2057.
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Strengthen the
constitution
On this day ten years ago, the constitution
of 1990 was adopted after the people's movement of 1989 brought about the restoration of
multiparty democracy. After thirty years of the partyless Panchayat system, we were
guaranteed fundamental rights and freedoms such as the freedom of speech and
expression among others. The constitution has also provided for a Westminster style
parliamentary democracy with constitutional monarchy and it has clearly defined the
important organs of the state and their roles. This is as it should be and in this regard,
there are hardly any complaints except from time to time, scholars and constitutional
experts have pointed out certain flaws in the constitution.
The constitution is an excellent
document, arguably, one of the most democratic in the world. The problem however lies in
its practice. A few examples will be sufficient to make this point. The constitution
preaches equality which means no discrimination. The truth however is quite different.
Women and other backward classes and castes still suffer discrimination. Women do not have
equal property rights and their participation in politics is still minimum. Yet, the
government has not done anything to rectify this situation. The parliament still finds it
convenient to sideline the issue of property rights.
The Commission for Investigation of Abuse
of Authority (CIAA), a constitutionally empowered body meant for curbing corruption has
been languishing like a toothless tiger since its powers were clipped. Despite the many
appeals to empower it, the government has turned a deaf ear. If corruption is thriving
today, it is because while on the one hand, the corrupt receive political protection, then
on the other, CIAA's hands are tied.
Our lawmakers have not made enough
progress with crucial issues like poverty alleviation and overall development. Some MPs,
including those who have held cabinet portfolios, have openly engaged in unconstitutional
activities. It can therefore be seen that though all successive governments have claimed
their commitment to the constitution, they have hardly made any noteworthy effort to
uphold the values that are enshrined in the constitution. The country is plagued by Maoist
insurgency and the effort to quell it has resulted in gross human rights violations. Yet
the government has not succeeded in ensuring the rights of the people by providing
adequate security and maintaining law and order. If this is the situation at the
grassroots, then at the level of political leadership, it must be said that our
politicians are too preoccupied with squabbles and power struggles among themselves
to heed the problems. Our lawmakers are shirking from their responsibility of
improving laws guaranteed in our constitution.
A positive feature of the present
constitution is that it has strengthened the judiciary. The judiciary's increased leverage
was evident in the recent Supreme Court verdict annulling the pension allowance bill
of MPs. There has been a marked increase in the number of publications and national
newspapers, thanks to the freedom of press and information. Diffusion of information is
not only helpful but it can guide the government as well as point out its failure.
However, serious social problems remain to be addressed.
This is probably because democratic
political culture has yet to attain maturity despite ten years of multi-party democracy.
No doubt, the evolution of political culture in the country will depend largely on how
well the values enshrined constitution are imbibed and upheld. We must also not be too
rigid about the constitution. Rather the constitution itself should evolve and strengthen
the democratic polity in the process. Political leaders can play a significant role to
this end. But first they must change their ways if they do not want to make a mockery of
the constitution and reduce its values to a farce.
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