Is the government weakening the constitution?
The then seven party alliance had signed 12 point agreement with the then Maoist who had fought almost eleven years , so called people’s war, against the state,. Following this agreement, election of Constitution Assembly (CA) was held to draft the new constitution. However, the first CA failed to fulfil its responsibility and its tenure was extended as the Second Constitution Assembly which drafted the new constitution and had promulgated it in 2015.
As a result, three tiers of elections were held. The Nepal Communist Party (NCP) formed just before the elections by merging the then UML and Moist (Centre), won almost two third majority votes and is now running the federal government, six out seven provincial governments and most of the local governments. These governments, however, have failed to meet the expectations of the common people and seem to be engaged in self-centred politics undermining the national and public interests.
The federal government seems to be not abiding by the constitutional elements by not formulating and enacting necessary laws which are must for strengthening and empowering the provincial and local governments. This attitude of the federal government has weakened the concept and effective implementation of federalism and ultimately raising questions about the authenticity of the constitution. The elected representatives at the federal parliament do not seem to be serious in formulating such laws for known and unknown reasons. The K.P.Oli led government continue to intentionally act against the constitutional norms thus weakening the constitution itself and the federal structure and ultimately creating negative feelings towards federalism among the people.
Amid tensions in Karnali Province after a group of provincial members moved a no-confidence motion against Chief Minister Mahendra Bahadur Shahi, the Nepal Communist Party central leadership intervened, instructing leaders to settle the dispute.
Prime Minister and party chair KP Sharma Oli then made a statement that provinces are “administrative units” under the federal government. This was the second time Oli made such a reference to provincial governments.
Oli’s statement quickly raised questions if he is still discarding federalism, which was guaranteed by the constitution adopted in 2015.
Nepal’s constitution that declared Nepal a democratic federal republic turned five last month. Observers, however, say over the years, many of the key agencies, most notably the federal government, and political leaders in Kathmandu have taken so many actions that undermine the spirit of the constitution. According to them, the fundamental problem is Nepali leaders who drafted the constitution themselves have failed to comprehend what constitutionalism means.
Experts on constitutional and political affairs say sovereignty vested in the people, limited government, the principle of separation of powers, independent judiciary, human rights and fundamental rights and inclusive governance system are the components of constitutionalism. The breach of any of these components means an attack on constitutionalism.
Vijay Kant Karna, a professor of political science at Tribhuvan University, said the very concept of constitutionalism is strengthening the institutions and prioritising institutional governance.
“I see a huge gap between the constitutional order and political process,” Karna told the Post. “The major concern is Oli, who was never for federalism, has been given the task of implementing the constitution. How can we expect constitutionalism to strengthen under him.”
Continue readinghttps://kathmandupost.com/national/2020/11/01/strengthening-constitutionalism-strengthens-democracy-analysts-say
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