Nepal on the way to democracy

By Prativa Poudel

Kathmandu, September 19:

As journey towards democracy, Nepal has already achieved significant milestones from 3rd Ashoj, 2072 BS. It is marked as the Fifth Constitution Day, today. This day had gifted all the Nepalese people with a Constitution formulated by people’s representatives.

For the first time in the history of the country, the first President of Nepal, Ram Baran Yadav, signed and certified the “Constitution of Nepal- 2072” from the Constituent Assembly that encompasses people’s representatives.

The dream of Nepalese citizen has come true after People’s elected representatives, have formulated this constitution.

The Constitution of Nepal has been verbalized by sacrifice, atonement and blood of thousands of Nepalese people. This constitution should prove to be truly favorable productive and auspicious. The ‘Federal Republic’ has moved forward on the path of republican rule through the Constitution of Nepal 2072 BS that was announced on 3rd Ashoj, 2072 BS.

This constitution, was passed by Nepal Communist Party NCP on the 1st of Poush2063 BS, that was to be issued on Magh 1 2063. The draft of the constitution was signed by eight parties including the CPN-UML (Maoist).The full constitution has been issued by replacing the Interim Constitution of Nepal 2063. Our country is restructured a total of seven states and names as a federal republic of Nepal. In other words, the previous constitutional monarchy and the unitary state structure was transformed into a republic and federalist state. This constitution has a provision of two types of parliaments, one in each state and one at the center (federal state).

Next important provision is – to get citizenship with the desired gender identity; this constitution has given continuity to the abolition of death penalty like the constitution of 2047 BS. One of the important aspects of this present constitution is – it has provided equal rights to daughters in ancestral property like sons. This constitution is firmly in favor of gender empowerment in all its forms and Nepal has been described as a secular nation as well.

Nepal’s long struggle against discrimination its commitment to democracy had won the hearts of the Nepalese people.

According to the essence of the constitution, no Nepali is discriminated on the basis of gender, religion, caste, class, color, identity, language or any other basis. Now, the power has been delegated to the states for further development and prosperity.

Federal Republic of Nepal’s Constitution has ended all forms of discrimination and oppression created by the primitive, autocratic, centralized and unitary state system by integrating multi-ethnic, multi-lingual, multi-religious, multi-cultural and geographically diverse features.

The constitution has preserved its unity among diversity, socio-cultural solidarity, tolerance and harmony by ending class, ethnic, regional, linguistic, religious, gender discrimination and all forms of ethnic untouchability as well. Along with -resolving to build an egalitarian society based on the principles of proportionality, inclusion and participation to ensure economic equality, prosperity and social justice. The public response was overwhelming. Therefore, the constitution has also acknowledged the concept of a rule of law with a competitive multi-party democratic system of government, civil liberties, fundamental rights, human rights, adult suffrage, periodic elections, full freedom of the press and an independent, impartial and competent judiciary.

It is also committed to building a prosperous nation committed to socialism based on democratic values.

The constitution should also reflect the needs and aspirations of future generations. The constitution may not be complete and undisputed at the same time. Lots of changes are needed and it therefore takes time to be undisputed.

Prime Minister KP Sharma Oli has said that the constitution can be amended on the basis of reasoning, requirement and practicality. He further adds that amendment of the constitution would not be stopped in the name of stability, permanence and perpetuity.

Lunching a book named ‘A Treatise on the Constitution of Nepal, 2015’; he has said that the constitution should be amended if it is seen to be inadequate in practice.

Prime Minister Oli has said that amendments should be done as per the needs of the people and the demands of the time. Moreover, it is needed to move forward according to the change of time.

On the eve of the fifth constitution day, on this occasion Prime Minister Oli released a 646-pages book, “A Treatise on the Constitution of Nepal 2015”. He has focused on the issue that everyone should be ready to amend the constitution if necessary. He has added time and again that amendments can be made as per the needs of the country.

Despite some deviations in the constitution, there is a rare record in world history that is to be declared by a majority i.e.90 percent of Constituent Members (CA) in Nepal.

There were 598 CA members out of which 507 CA members reached in consensus and they were For issuing the Constitution of Nepal. Moreover, other remaining CA members rejected the conclusive argument on the constitution.

Democratic values and social equality are inseparable. It should be preserved not only in constitution of Nepal but also implemented in the behaviors of Nepalese People. Therefore, pragmatic implementation of the constitution is the most significant aspect to be considered both by Nepalese people and the Government of Nepal.

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