19th September 2025, Kathmandu
At present, the constitution is not being implemented at all. The recent destruction and incidents in the country are the result of failing to follow or enforce the constitution in letter and spirit.
Nepal’s Ongoing Debate Amendment
This has caused deep sorrow. When we talk about the constitution, we must look at Nepal’s constitutional history. Almost every 10 years, the country has gone through constitutional changes. Even after drafting constitutions, failure to implement the fundamental provisions has led to tragic incidents.
The tenth Constitution Day is being marked after 10 years. The interim government might also celebrate it. But in reality, the interim government has no authority to celebrate Constitution Day. This very interim government was formed by trampling on the constitution. How can a government that violates the Constitution celebrate it as a grand festival?
The constitution is not just “wounded” — it is in a deranged state. For those of us working in the legal sector, recent developments have been deeply worrying. They raise concerns about where the legal profession, the judiciary, and the nation as a whole are heading. Even the process of forming the interim government leaves little room for satisfaction.
The demands raised by the youth in various movements have not been fulfilled. The country is in turmoil. The constitution has been violated and crushed. From Singha Durbar to the Supreme Court, the judiciary itself has been weakened. In such a situation, it is difficult to expect this government to bring significant change. Although it is called a government of civic leaders, there is doubt whether it will function according to the constitution.
The current constitution emerged after the 2007 People’s Movement, drafted by the Constituent Assembly as Nepal’s first constitution made in such a way. It was endorsed by 90% of elected representatives. Yet within such a short period, it has failed to function. This indicates that not just this constitution, but all six previous ones too, collapsed due to failure to implement them properly.
Now, uncertainty looms: will this constitution survive, will parliament be reinstated, or will the country march toward yet another constitution? Nepal seems trapped in a cycle where every decade a new constitution is demanded, but such revolutions cannot provide lasting solutions or political stability.
Amendment is essential. Among the main issues that require revision are:
Electoral System – The mixed electoral system, especially proportional representation, has created instability. No party can secure a clear majority. I believe proportional representation should be abolished.
Citizenship Provisions – The existing constitutional arrangements on citizenship are complicated and need revision.
Secularism – The adoption of secularism risks triggering large-scale rebellion; this must either be amended or resolved through a referendum.
Executive Powers – There is ambiguity over the President’s authority and the Prime Minister’s powers under Article 76 regarding parliament dissolution. This has led to repeated crises.
Some argue for directly elected executives — a president or prime minister. However, such a system does not exist anywhere in the world, and in Nepal, it could create more chaos, cost heavily, and lack capable figures who could truly lead the nation through it.
In recent politics, new figures have emerged, but they have not demonstrated the vision to safeguard national interest and sovereignty. Statements like Kathmandu’s Mayor Balen Shah saying he would “burn down Singha Durbar,” or former Prime Minister Prachanda hinting at similar destruction, show the volatility of politics. The recent attack on Singha Durbar — which also housed vital data centers — reflects this destructive rhetoric in action.
Therefore, even constitutional amendments introducing direct elections may not solve the crisis; they could worsen anarchy.
On the Interim Government
The current government is an interim one, formed with a limited mandate — to hold new elections. Legally, it cannot make decisions with long-term consequences. Elections are scheduled for Falgun 21, but under the present circumstances, they are unlikely to take place.
The Election Commission lacks leadership, and political parties remain silent. With the House dissolved, expecting agreement among parties seems unrealistic. Promising elections on that date creates false hope among citizens.
On Parliament Reinstatement
To protect the constitution, many argue that parliament must be reinstated. The Supreme Court, currently paralyzed except for habeas corpus cases, may revive the dissolved parliament after the festivals. Precedents already exist: both dissolutions under former PM KP Oli were overturned by the court, reinstating parliament.
Now, under Interim PM Sushila Karki, dissolution has again reached the judiciary. Although she herself had once argued against such actions, her current position contradicts those views. Still, as interim leader, her mandate is only to hold elections — not to overstep constitutional authority.
Tragic Cost
In the past 24 hours alone, over 70 youths have lost their lives — a heartbreaking and condemnable reality. Those responsible must be held accountable under the law. Yet it is ironic that while the Gen Z youth fight in movements, leadership still falls into the hands of leaders in their 70s. This sets a precedent for repeated cycles of protests, instability, and regime changes.
If Nepal continues to undermine its constitution — crushing or discarding it before even a decade passes — the future of the nation and its people will remain uncertain.
(Based on a conversation with Advocate Narayan Paudel, reported by Nepal News Bank.)
For more: Nepal’s Ongoing Debate Amendment