Rastriya Swatantra Party: How Easy or Difficult Is It to Achieve the Two-Thirds Majority Needed for Constitutional Amendments?
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The National Independent Party (Rastriya Swatantra Party, RSWPA) has prioritized constitutional amendment in its electoral manifesto for 2082 BS.
According to the manifesto, “Within three months of assuming office, the government will prepare a discussion paper on constitutional amendments for national consensus and initiate deliberations.”
Initial discussions will include topics such as a directly elected executive, fully proportional parliament, prohibition of MPs serving as ministers, nonpartisan local governments, and an improved federal structure, as outlined in the manifesto.
Even if the party secures a clear majority in government formation, whether the two-thirds majority necessary for constitutional amendments can be achieved remains uncertain amid the ongoing proportional vote count. Previously, the government had also promised constitutional amendments.
However, according to law professor and constitutional expert Bipin Adhikari, due to the proposer’s lack of political strength, the matter remained largely theoretical. “The upcoming government will be stronger and may have the opportunity to advance this process,” he says.
‘Power Alone Is Not Enough’
RSWPA’s manifesto notes that constitutional amendments or rewriting would be based on Articles 274 and 275 of the constitution. Article 275 provides for a referendum.
Other parties were previously prepared to review a decade of constitutional implementation. Professor Adhikari suggests the government should proceed only after expert consultations.
“The government must advance from a national perspective rather than political self-interest. Since this is a nationwide process, cooperation with all stakeholders is beneficial.”
To amend the constitution, it is required that at least two-thirds of the total members in both houses of the federal parliament pass the amendment.
RSWPA has no representation in the National Assembly. Voting for National Assembly members is done by provincial assembly members and local level chiefs and deputies. Currently, one year remains for local bodies’ term and two years for provincial assemblies.
Therefore, it appears difficult for RSWPA to secure constitutional amendments only with its representation in the House of Representatives.
‘Implementation of Amendments May Face Challenges’
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Some experts warn that although voters have confidently voted for RSWPA, an immediate push for constitutional amendments may impede the rapid changes citizens desire.
“Adjusting the constitution immediately could affect the stability that a strong government needs to provide,” explains Professor Adhikari. “Those opposing a strong government could exploit the amendment process to intensify divisions, as it is easier to emotionally divide people.”
He cited past attempts aimed at exacerbating tension between the Madhesi and hill communities.
“If leadership representing the national mainstream exists, irrespective of Madhesi, hill, Janajati, or Bahun-Chhetri distinctions, even a Madhesi individual could become Prime Minister,” he said.
Thus, he advises the new government to focus on good governance immediately.
What Will Be RSWPA’s Priority?
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RSWPA leader and Member of the House of Representatives, Ganesh Parajuli, says the current public mandate is more focused on good governance than constitutional amendment.
“The foundational groundwork is to be laid through good governance before addressing other issues,” he said, “The initial challenge is to take strict action against corruption.”
He added that only after establishing a task force will discussions on constitutional amendments advance.
The federal parliament alone cannot address the reforms to provincial structures advocated by RSWPA as agreement from provincial assemblies is also required.
Previously, it was believed that under the mixed electoral system, no single party could easily gain a majority, leading to demands for amendments.
However, both Professor Adhikari and leader Parajuli agree that current electoral results have undermined that expectation.
‘A Khukuri Sheathed Within the Belt’
Professor Adhikari explains that the priority should be to reform the entire administration, from civil service and police to constitutional bodies, removing dysfunctionality to achieve good governance.
He notes that improving services to be simple, fast, and effective should take precedence, and the current two-thirds power will assist in this effort.
Some speculate that the government might exert influence over the judiciary under the protection of the two-thirds majority.
However, Professor Adhikari believes that the prime minister with two-thirds majority can serve as a balancing force.
“This is an adequate ‘check’—not to be used lightly but like a khukuri sheathed within a belt,” he said. “A bare khukuri is wielded with criminal intent, but keeping it sheathed is a prudent act.”
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