What Are the Suggestions Regarding Republic and Directly Elected Executive in the Constitution Amendment Discussion Paper?
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The task force formed to prepare a discussion paper on constitution amendment has submitted its report, drawing significant attention to the subjects covered within.
After most opposition parties withdrew, representatives from the ruling National Independent Party (Rastriya Swatantra Party – RSWP) and National Democratic Party (Rastriya Prajatantra Party – RPP) remained in the task force.
According to RSWP MP Mohanlal Acharya, certain provisions of the constitution have been recommended for amendment.
“We have recommended amendments on technical matters that do not affect party politics,” he stated.
The report presents some issues as suggestions and also highlights differing opinions and stances of various parties.
“It has been recommended to dissolve the district coordination committees and remove the subjects divided into exclusive and concurrent lists in the schedules related to the jurisdiction of federal, provincial, and local governments,” Acharya added.
What Is the Structure and Constitutional Appointment Process of the Judicial Council?
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The changes in the Judicial Council’s structure, which appoints judges after 2006 (2063 BS), have faced criticism for politicizing the judiciary.
Currently, under the 2015 constitution (2072 BS), the Judicial Council is chaired by the Chief Justice and includes the Law and Justice Minister, the senior-most judge, legal experts appointed by the President on the Prime Minister’s recommendation, and senior advocates appointed by the President on the recommendation of the Nepal Bar Association, making a total of five members.
Following the restoration of multiparty democracy, the 1990 (2047 BS) constitution included the Justice Minister, the two judges by seniority, and distinguished legal experts designated by the King as members of the Judicial Council.
“The interim constitution of 2006 (2063 BS), created after the second People’s Movement, eliminated one judge and introduced a member recommended by the Nepal Bar Association,” he explained.
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According to RSWP MP Acharya, it has been recommended to remove the membership of both legal practitioners.
“Amendments recommending a three-member Judicial Council have been proposed,” he added.
Since 2006 (2063 BS), parliamentary hearings for individuals recommended to constitutional bodies have been in place, but some experts have questioned its relevance.
Acharya informed that the task force also discussed ending the parliamentary hearing system.
“In a presidential system, the government’s recommendation is scrutinized by parliament, but the Constitutional Council — including heads of the executive, judiciary, and legislature — makes recommendations here,” he explained. “It was argued that it is theoretically incorrect for the Speaker, Deputy Speaker, and National Assembly Chairperson to be on the committee and for their recommendations to be subjected to parliamentary hearings and repeated rejections.”
What about Monarchy and Hindu Nation?
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The National Democratic Party (RPP) opposes the fundamental features of the constitution such as republic, federalism, and secularism. On the day the task force submitted the report, its chairman Rajendra Lingden met with Prime Minister Balendra Shah ‘Balen’.
“The Prime Minister held positive talks on many subjects, so now we hope for the best,” Lingden said without elaborating further.
“We have expressed that if it is true that other opposition parties left the task force suspecting attempts to overturn the constitution’s fundamental features, then the RPP will remain with the government,” Lingden added.
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However, Acharya stated that consensus was reached not to alter the fundamental structure. He added, “It is suggested that some issues might go to a public referendum, but at the moment there is a consensus not to touch the fundamental structure.”
According to him, the features of the constitution’s preamble will remain unchanged. Although the preamble refers to a federal republic, many questions and suggestions have been raised concerning the term ‘socialism’.
Is the Door Open for a Public Referendum?
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Lakshmanlal Karn of the Loktantrik Samajwadi Party (LOSPA) said they left the task force due to doubts about its objectives.
He said, “We exited fearing that touching core features might destabilize the constitution’s foundation and lead to its nullification.”
The ruling side has urged the opposition to prepare the report by indicating both agreements and disagreements.
However, leader Karn has noted that the ruling faction seeks to open all topics under the guise of constitutional amendment.
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RSWP MP Acharya speculates that certain parties left due to disagreements over the system of government with a directly elected executive and RSWP’s policy to abolish the provincial assembly.
He stated they did not propose anything new and sought to proceed in accordance with existing constitutional provisions, but some opposition parties used excuses to withdraw.
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“We have connected the public referendum issue with the directly elected executive; it is not about monarchy vs republic,” he explained. “However, the provision for a referendum already exists in the constitution. Discussions and debates on other topics should not be prevented either.”
The task force held discussions with nearly 200 individuals including experts, politicians, former administrators, and representatives from diverse sectors.
According to Acharya, a total of 44,613 suggestions were received via email and WhatsApp.
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