Spirit Of Constitution
CELEBRATION of the passage of 11 years of democratic constitutional exercise
does inherently engender introspection. How have we fared these past 11 years? Have we
been, especially the political class, faithful to the letter and spirit of the 1990
constitution fashioned on the basis of popular will expressed in the spring movement
earlier that year? How far have people’s expectations been met? Such questions are
only inevitable. For, the ultimate objective of the most important document governing a
nation is the welfare of the people. And the success or otherwise of a constitution is
tested on the scales of public weal. The Constitution that entered the 12th year on
Thursday, gave us everything that we wanted. It gave us constitutional monarchy, popular
sovereignty, an independent and competent judiciary, adult franchise, fundamental human
rights, a parliamentary system, a multi-party democracy and the rule of law. What more a
people, having lived under a one-party rule for 30 long years, could wish for? They asked
for and they got a constitution that is regarded more democratic than the constitutions of
many countries practising democracy. Respecting the sentiments of the people, the
provisions of adult franchise, a system of parliamentary rule, constitutional monarchy and
a multi-party democracy were made irreversible.
There have been an argument by some people that our Constitution has not
turned out to be as good as was expected and that democracy has not fructified into
tangible gains for the common masses. This argument conveniently ignores the truism that
those who vow to abide by the constitution should also do their bit in promoting a
Constitutional democracy. Indeed, as His Majesty King Gyanendra Bir Bikram Shah Dev said
in a message to the nation on the occasion of Constitution Day Thursday, the behaviour and
actions of every citizen, as well as institutions, must conform to constitutional norms
and values, if democracy is to prosper. There is no denying, His Majesty said, that
multiparty democracy would be further consolidated if we were mindful of the spirit and
supremacy of the Constitution and strove towards creating an environment wherein every
citizen was able to exercise without fear or hindrance the rights guaranteed by the
Constitution. Indeed, respecting the present Constitution in practice and not merely in
words would help Nepalese democracy find itself on firmer ground. What is a Constitution
but an, as Prime Minister Sher Bahadur Deuba said in his message, expression of the
people’s feelings and which aimed at the smooth operation of democracy?
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