- Nepal marked Constitution Day amid intensifying political debates regarding potential amendments to the 2015 federal democratic framework and governance systems.
- A government task force submitted a report after receiving over 44,000 suggestions, addressing electoral systems, federalism, and the judiciary across 245 articles.
- Political parties remain deeply divided, with several opposition groups questioning the legitimacy of the amendment process and the task force's jurisdiction.
- While the report suggests wide-ranging reforms, core constitutional principles such as sovereignty and territorial integrity are not recommended for change.
Kathmandu, Nepal: Nepal is marking Constitution Day amid renewed debate over changes to the country's 2015 Constitution, with political parties divided over the scope and direction of possible amendments.
The Constitution, promulgated on Asoj 3, 2015, established Nepal as a federal democratic republic with three levels of government. It also enshrined fundamental rights, proportional inclusion, social justice, an independent judiciary and periodic elections.
Eleven years after its promulgation, political parties and other stakeholders are raising questions about the functioning of the constitutional system, particularly the system of governance, electoral arrangements, federalism and state institutions.
At the main Constitution Day ceremony in Kathmandu, Prime Minister Balendra Shah said his government remained fully committed to the existing Constitution.
“This government is fully committed to both the letter and spirit of the Constitution,” Shah said.
He said the effectiveness of the Constitution depended on those responsible for implementing it and pointed to good governance and corruption control as government priorities.
Rastriya Swatantra Party Chair Rabi Lamichhane, meanwhile, has called for a review that puts marginalized citizens at the center. In a Constitution Day message, he described the Constitution as a living document that could be amended in response to political experience.
Amendment process under way
The debate gained new momentum following the political changes associated with the Gen Z movement and the subsequent House of Representatives election.
The government formed a task force led by Asim Shah to prepare a debate paper on constitutional amendment. Its areas of study included the system of governance, electoral system, federalism, judiciary and constitutional bodies.
Several parties initially participated, but the process became contentious. The main opposition declined to send a representative, questioning the task force's jurisdiction and status. The Nepal Communist Party, Loktantrik Samajbadi Party, Janata Samajbadi Party Nepal and Rastriya Janamorcha later withdrew, saying the government had not clarified the purpose and legitimacy of the debate paper.
The disagreement has revived earlier disputes over the Constitution. During its drafting, the former CPN (Maoist Centre) registered a three-point note of dissent concerning governance, elections and federalism, while Madhesi parties opposed aspects of the document.
The Nepali Congress has separately formed a committee to collect suggestions on constitutional reform. Advocate Yadunath Khanal, a member of the committee, said the party had held several discussions and planned to seek views from all seven provinces after its general convention.
Khanal accused the government of seeking to rewrite the Constitution rather than review it.
Report awaits publication
The government task force has submitted its report to the Office of the Prime Minister and Council of Ministers, but it has not yet been made public.
Coordinator Asim Shah said the report remained under study and would be released at an appropriate time.
According to Shah, the task force consulted 184 people, including former presidents and prime ministers, political leaders, constitutional and legal experts, former judges, former officials, journalists and private-sector representatives.
Written suggestions were also sought from more than 150 institutions, including constitutional bodies, provincial and local governments, the Nepal Bar Association and religious organizations.
Shah said the task force received 44,613 suggestions.
Wide-ranging proposals
Task force member Mohanlal Acharya said proposals had been received for amendments to 245 of the Constitution's 308 articles.
The suggestions included holding a referendum on the system of governance, abolishing federalism and reviewing the judicial system.
Acharya said the task force had not proposed changes to the preamble, federalism or the provisions concerning territorial integrity and sovereignty under Article 274.
He said some proposals instead sought to resolve overlaps and inconsistencies in the distribution of powers under Schedules 5, 6, 7 and 8.
The competing proposals leave major questions unresolved, including the future structure of government, the electoral system and federalism. The government's unpublished report is expected to provide a clearer picture of the recommendations emerging from the consultation process.
For now, Nepal's constitutional debate remains open, with political parties pursuing different approaches to a document that has governed the country for more than a decade.
