Amendment Of Constitution
Broader Participation Needed

By Mitra Pariyar

CONSTITUTIONAL amendments have become the focal point of the present national polity. The issue was suddenly highlighted when the major opposition CPN-UML demanded amendments in the Constitution. Nepali Congress President Koirala himself stressed the need for such changes and vowed in Parliament to personally help the Government to implement such amendments in the statute.

Innumerable questions remain unanswered about why amendments should or should not be incorporated. The recent reports suggest that the ruling party itself is largely divided over the issue. There is a large chunk of the NC leadership who opposes any amendments in the 12-year-old Constitution. Justice Laxman Prasad Aryal also publicly opposed the amendments. But UML and RPP are not going to give up their demands easily. People obviously are confused and they are eager to know, what the reality is. Does the statute really deserve polishing? Which of the articles in the Constitution are incongruent with the needs and aspirations of the people? Or is it the attitude of the leadership that should be amended not the statute itself? Would some amendments facilitate political stability and good governance? Or would it further deepen the crisis? Does Nepali democracy suffer in theory or in practice?

We should bear in mind that Constitution is not every child’s doll to play with. It should not be used as a tool for political games. Especially the present Constitution is an achievement of decades of incessant struggle at the cost of hundreds of lives and it is internationally hailed. The very nature of democracy is openness to changes and improvements. Therefore, if it is a genuine need, there is no harm amending the statute. But how and why we enforce changes should be decided only after a long debate and discussion within and outside the Parliament. If such amendments are implemented in haste without carefully considering the pros and cons, remedy itself may become a source of other problems. Therefore, Government should trigger discussions and debates on this serious issue.

The political forces should be able to rise above the interests of the individual party. They should think nationally before suggesting changes to the Constitution.

If we really desire changes, let us not amend for the sake of amending. One of the areas one should never forget is to promote broader participation of all classes, castes, ethnic groups, and geographical regions in the decision making and various other important bodies of the state. Participation is a big thing for all citizens. One of the major reasons why democracy failed in the last decade is that the traditionally dominated and marginalised groups were not given a chance to participate in the state affairs. They were made to obey the laws, but they were not provided an opportunity to participate in the decision making. Rights and responsibilities should complement one another. Marginalised groups such as Dalits have a zero representation in the Lower House, and Constitutional Bodies and other important bodies of the state. How can they become satisfied when they are perennially marginalised and kept aloof from decision making?

So, let us insert provisions for positive discrimination in our Constitution so that at least a small member of candidates from the deprived communities also gets elected in every General Election. At least a few ministers come from the unprivileged communities and at least some representation is ensured for all the marginalised groups in all the important bodies of the state. Such an affirmative action should be implemented in every level to promote broader participation of all sections of the societies in the important positions. Such a move would greatly help to reduce anger against the state, and hence discourage rebels. This sort of facility should be implemented for some time until the marginalised groups themselves are capable of asserting their positions through free competitions. The present system is like making a physically fit boy and a lame boy to complete for the race and decide the obvious winner. Sadly, the very race in Nepal is also not free and fair!

Nepal is at a very critical situation at present. Everyone in power and not in power should realise the gravity of the situation and initiate down-to-earth programmes and policies to improve the situation. One of the best ways is to enforce amendments in the Constitution so as to promote a broader participation of all castes, ethnic groups and geographical communities in the legislative, executive and other organs of the state. If we could initiate such changes, the deprived communities would feel that the state is doing at least something for them. That would further isolate the rebels in the country.