A Momentous Day In Nepal’s History

 

Yuba Nath Lamsal.

"We, the people, are the rightful masters of the Congress and the court, not to overthrow the constitution but to overthrow the men who try to pervert the constitution," said former American president Abraham Lincoln, signifying the value and sanctity of the constitution. The constitution is, thus, the soul of democratic governance. It specifically says what a government should or should not do in the defence of people’s rights, freedom, and well-being.

All countries in the world have their constitutions, but not all are democratic ones. In the constitutions of authoritarian or non-democratic countries, the government tells the people what to do and what not to do. In democratic countries, constitutions are made by the people, and the people tell the government what to do and what not to do for the safeguard of the rights of the people.

Democratic Charter

Nepal’s present constitution, by all accounts, is the most democratic one with some unique features. The preamble of the constitution begins with "We, the people of Nepal, in exercise of the sovereign powers inherent in us ………. hereby promulgate this Constitution through the Constituent Assembly". Thus, it is the people’s constitution, written by the people’s elected representatives.

Amidst some apprehensions and uncertainty, the first President of Nepal, Dr. Ram Baran Yadav, formally released and publicised the Constitution of the Federal Republic of Nepal on September 19, 2015. It was a momentous day that heralded a new era in the political history of Nepal. It is the first constitution of Nepal that was written by the elected representatives of the people. The unique features of the Constitution are, among others, federalism, republican set up, a mixed type of electoral system, and proportionate representation in all law-making and decision-making levels.

The French philosopher Montesquieu says, "In republican governments, men are all equal." As said by Montesquieu, it is only the republican system that ensures genuine democracy and treats all inhabitants of a country equally. The monarchical system, whatever may be its name or form, is like George Orwell’s Animal Farm, where "all animals are equal, but some are more equal than others. There are some monarchical systems in the world that claim to be democratic, but they have a system and tradition that make some people "more equal than others. In a monarchical system, some people are born superior to others. Such a system cannot be called a real democracy.

Nepal remained under the monarchical system for over 240 years. Nepalese people know well the pains and plights of life under a monarchy. The monarchy has always served as a principal barrier to democratic development in Nepal. Every time people brought about a democratic system, the monarchy always tried to crush and defame the people’s system and imposed an absolute regime.

 Multi-party democracy was first introduced in Nepal in 1951 through a popular movement spearheaded by the Nepali Congress. The movement not only toppled a century-old Rana oligarchic system and heralded a democratic system of government but also restored the status of the king. One of the principal tasks immediately after the 1951 change was to hold the election of the Constituent Assembly to write a new constitution. The then king, Tribhuvan, had publicly made his commitment to hold the elections to the Constituent Assembly, but the same monarch broke the promises made to the people and scuttled this process. 

Parliamentary Polls

Finally, a parliamentary election was held in 1959 instead of the election for the constituent assembly. In the general election, the Nepali Congress won an overwhelming majority and formed its own government headed by BP Koirala.

Since the political change in 1951, the democratic system of government has been slowly and gradually moving ahead and getting more mature, despite several hitches and hiccups. The king did not want to see the democratic system grow and take its roots. The king crushed the democratic system through a soft coup in 1960, sending elected leaders, including BP Koirala, behind bars. 

After remaining under monarchical dictatorship for almost three decades, people rose against the king’s absolute authority in 1990 and restored multi-party democracy, in which the monarchy was brought under a constitution. But King Gyanendra again made a conspiracy and trampled democracy in 2002. The Jana Andolan III restored democracy again. Political parties, leaders, and ordinary people have come to realise that democracy in Nepal cannot take its roots as long as the monarchy remains in place. One of the key agendas of the Jana Andolan III was, therefore, the abolition of the monarchy. And the constitution of 2015 formally institutionalised the republican set up and declared Nepal as a federal democratic republic.

Nepal has a relatively seven-decade long history of constitutional development. The constitution of 2015 is the seventh constitution of Nepal. The first constitution of Nepal was the one given by Rana Prime Minister Padma Sumsher Rana in 1948. The second constitution is the interim constitution of 1951, following the political change and introduction of democracy in the country. The third one is the constitution of 1959, which was given by the king and had reserved some especial prerogatives of the king that were misused to trample democracy in 1960. The fourth one is the Panchayat constitution of 1962. The fifth constitution is the democratic constitution of 1990. The sixth one is the interim constitution of 2005. The present one is the republican constitution.

People’s Sacrifice

This constitution is the product of the great sacrifice of the people. From 1996 to 2006, Nepal saw a violent conflict. In the decade-long violent conflict launched by the CPN-Maoist, more than 17,000 people were killed, thousands were forcibly disappeared, another thousands were physically disabled, and several others suffered psychological trauma due to actions and atrocities perpetrated by both warring sides. The constitution finally brought this situation to a formal end and marked a peaceful transition to democracy. The constitution of Nepal-2015 has, in a practical sense, made the people masters of their own destiny.

The constitution is the document in which the nation makes commitments for the greater good of the people. The success of the constitution depends on its implementation in its letter and spirit. Political parties and their leaders are the principal actors in a multi-party democracy. The Chinese statesman San Yat-sen, who led the 1911 revolution that ended imperial rule in China, said: "If we want the republic to be solid, we must first build its foundation. We don't need to look abroad for this foundation; we should look within our own hearts."As observed by San Yat-sen, political parties and their leaders are required to work with good intent, competence, and honesty to build a strong and solid foundation of our republic in the hearts of all Nepali people.

(Lamsal is former ambassador and chief editor of TRN)

-Published in The Rising Nepal on September 19, 2022

 

https://risingnepaldaily.com/news/16924