Amendment Of The Constitution
Is It The Only Way Out?

By Prem N. Kakkar

THE country cannot be said to be going through easy times seeing the Maoist violence and the noticeable economic slackness. One of the basic foundations of the Nepalese economy is tourism and this has suffered greatly owing to the negative publicity in the tourist generating markets. Moreover, with the terrorists targetting communication and power generating infrastructures, problems have cropped up not only with the industrial sector but also with the general life of the people in some specific areas.

The declaration of the State of Emergency on November 26 last year greatly checked the spree of violence that had disturbed the very fabric of normalcy. But with the declaration of emergency and the sustained efforts of the security personnel in many parts of the Kingdom, much relief has been generated. Despite the losses sustained by the security personnel while in action, the morale has not dampened. The losses on the part of the terrorists are quite high and the amount of arms and ammunitions seized from them suggests that the Maoists do not want peace to return to the country. But, their intention has been foiled in that they are now far weaker than ever before.

The Maoist terrorists are bent on creating havoc, which, in fact, does not suit a Nepalese citizen. When all the Nepalese should unite to take the country forward, the destruction of development infrastructure and creating terror among the ordinary folks cannot be justified in any way. The disruption of daily life is costing the country much. Yet the Maoists do not pay heed to it and are still resorting to hit and run tactics. It is a well known fact that violence does not pay in the end.

In this connection, terrorising the people cannot work as it is the same people who have to be taken into confidence. The government has done well by mobilising the army but there is some amount of restraint lest the innocent citizens suffer. The army is very sensitive to the issue and is gallantly fighting the insurgents. The target is the Maoist terrorists only and not innocent people. One the one hand the security personnel are seeing that the common people receive adequate protection but on the other hand the terrorists have resorted to killing, kidnapping and torturing the village folks and this is quite unfortunate.

There was once a hue and cry by some political leaders calling for ending the duration of the state of emergency at the earliest. But considering the fact that the terrain where the terrorism is taking place is rugged and provide ample hideouts to the Maoists. The "war against terrorism" may be slow but positive results can be predicted. Only victory over the wayward element can usher peace, security and maintain law and order in the country.

On this score, it may be worthwhile mentioning that a majority in the House of Representatives was for extending the State of Emergency for another three months. To say that 194 lawmakers were in favour out of the present total of 201 MPs indicates the positive response of all in to move forward in cracking down on terrorism.

Even the Communist Party of Nepal (Unified Marxist-Leninist), which had spoken of reservations on the issue before the voting took place, came out in favour. This shows that every party whether the ruling or those in the opposition have the genuine desire to see peace return to the country. It is not an emotional issue that can be seen differently from any angle one feels convenient in. This is a question of the national interest and no party can afford to neglect its responsibility and duty. What all the parties represented in the House have done is commendable.

Herein it may be remembered that ‘conditional’ and ‘unconditional’ are two terms which are very often used in politics. The CPN(UML) had one condition to vote for extending the State of Emergency and that was for making amendment in the constitution and that too to take place in the current session of Parliament. To propose amendment in the constitution is a daunting task as the agenda has to be clear and transparent.

Without mentioning any specific points, just saying that the constitution needs amendment does not make sense. Foolproof proposals have to come forward. Constitutional amendments as such are not something unique or out of this world but the focus must be on what needs to undergo amendment and the benefits that might accrue from it for the people in general on whom sovereignty has been vested. Prime Minister Sher Bahadur Deuba too is willing to support the proposals for constitutional amendment if there is an all party consensus on the issue. After all, the House cannot discuss issues just because an MP or two wants the changes to be effected.

In recent House session, many leaders have voiced the need for amendment in the Constitution but one thing is not as yet clear as to what amendment are they hinting at. However, one thing is clear that the many legislators have said that amendment in the constitution is going to solve all the problems that the country is facing. How true it is cannot be predicted. The Constitution, in fact, has not hindered with the normal functioning of the country’s affairs. It is only some who bring out strange issues and then go on to say that the Constitution lacks in something or the other. There is no reason why everything cannot be resolved remaining within the confines of the present Constitution itself.

In this context, the functioning of the governments in the past twelve years also merits attention. Have they acted in consonance with the Constitution all the way or they have played the hide and seek game? The number game and horse-trading are incidents that are fresh in our memory. This is just to pinpoint the reality that political leaders and especially the lawmakers should provide the role model. All those who were a part of it must accept self-realisation and analysis together with criticisms for the wrong doings. Only then will a new dawn emerge to the delight of all including the misguided elements that are fomenting trouble in the form of violence and intimidation.

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