My comment on the draft of the new constitution 2072

Utilizing the two days holiday that Government had declared for the discussion and public hearings on the http://profsmythe.blogspot.com /2015/06/draft-of-constitution-of-nepal-ready.html">draft of  new constitution, People have hugely participated to give their feedback for the new constitution that we have been waiting from long. Despite some pre-planned disturbances from Madhesh based parties and RPPN-N, people have been demanding many contentious issues including the resolution of demarcation of states before the promulgation, less no of states Vs No federalism, Secularism Vs Hindu state, Directly elected Prime Minister to ward chief, which also include the demands from the opposing parties. People (including 4 parties cadres) have even gone way ahead of the 16 point deal and asking to correct the mistakes in the draft. But personally, I am not sure if these four parties will amend the deal to include the majority of peoples feedback.

Secularism was declared on Jestha 4, 2063 in the Magna Carta that relieved King of his powers, following the 19 days long Jana-Andolan II. Secularism was never the demand of the people during the people's movement and some leaders even express the conspiracy behind the secret addition with the interest of various countries. But there were some minorities within the other religion who demanded Secularism but it was never raised so strong as Nepal has always been a Hindu state with the freedom of every religion guaranteed no matter what secularism be there or not, difference only being the declaration of holidays for their festivals. It would not matter secularism be written or not but as majority of people are demanding to make our country: the one and only Hindu country in the world and also declaring Hindu state with religious freedom does not deprive other religion of their rights. So my point on secularism would be either leave as it is in the Interim constitution or make Hindu state for giving our country a bigger identity in the whole world. But it should not be on the un-amendable provision in the constitution so that it could also be decided through referendum during the first federation legislative election. 

There are people and ideology who proved that the country's unitary structure deprived people of governance as local as possible and marginalized them from the ruling elites. But the absence of local elected bodies (due to insurgency and focus on other issues) and the unethical, inept political leaders are the main reason for peoples feeling of local governance and marginalization. Nepal being a multicultural, multilingual, multi-ethnic society, always had the harmony among themselves until the federalism issue. The minority ethnic and marginalized communities are always told that a federal state based on ethnicity would solve all of their problem which is not true. Yes they should not be treated in any way different, regardless of their sex, geography, color, caste, tribe, financial status, religion and ideology. Ethical and farsighted politics for the country's benefit/interest is what we need the most. Now that it is already agreed to have a country with 8 states based on viability and general identity, higher no of states provides identity to many but we equally have to think if our country can handle the higher no of states with higher number of state buildings, legislation bodies, Ministers and regular elections. So either we have to go for lesser no of states or another way to reduce the no of chair heads is by reducing the no of constituencies and also the remuneration of the various positions in the state. Even the no of ministries, deputies and some assembly like District assembly could be cut to save some expenses.

My recommendation is to have, either 6 state or 120 constituencies and 80 Proportional representation seats altogether 200 Members in Federal Parliament.

No of Ministries in federal: 20 and that be 10 in States.

Social media is now going viral with the demand for direct election to President or Prime Minister and even in the local ward chief. The draft has it that the ceremonial head of nation, President would be elected from electoral college formed collectively from Federal Parliament and state assemblies whereas Prime Minister be chosen by the majority of House of Representatives. People are demanding the direct election as the history of 23 Prime Ministers within 20 years tells us that the current system of PM election from the parliament is main reason for the political turmoil and the change of PM but we have equally think of the check and balance to prevent the Executive to be a authoritarian. I do support the direct election of choosing not only PM but also the ward chiefs that makes them obliged directly to the people but the balance between the executive and the legislative or new model should be sought to save our country from another turmoil: Rise of a Janga Bahadur.

Most of the leaders are evaluated from the years they had been in prison and the year of their involvement in politics rather than their ability to lead the people and country towards prosperity which a literate is believed to do with some logical sense. So, I would also go for the setting of academic qualification within the Constitution itself, like the way it is done for some constitutional bodies. I recommend the following qualifications for the major posts in the country.

• Masters level in any stream for President, Vice President.
• Bachelors level in any stream for Prime Minister, Chief Ministers, Ministers, Chairman, Vice Chairperson of Parliament/National assembly/ State assembly, Head of Village/Municipality council.
• Intermediate level for all other state and Village/ Municipality representatives.

It is mentioned that our state is socialism oriented with the rights of every individual guaranteed, but the constitution keeps mum on the disability friendly state and the structure. For the social justice and inclusion, constitution should also be aware that a citizen being from a backward community, remote geography and different ethnic groups be given special opportunity only once in their life be it either in study or in participation to public service so that other deserving citizen (not in the list for the inclusion) be given equal justice.

We all have big dissatisfaction regarding the incomplete usage of the budget allocated for a fiscal year and the rush to finish the works during the month of Ashad that results in low quality of work. So to keep track of the budget estimate, the quality of work and the work percentage, there should be provision in Constitution that Minister for finance shall submit the review of the expenses every Mangshir 15 (Six months from the date of announcement of budget) so that the budget can be transferred to another work if it has not been started satisfactorily.

The most disputed issue in the 16 point deal is the promulgation of a constitution without finishing the demarcation of the 8 state that is agreed to leave for a federal commission and approved later from a legislative parliament rather than Constituent assembly. There are equal voices (other than the Madhesh based parties) from the President, Chairman of Parliament and also from the ruling party leaders that it would be better to complete the demarcation of the state before the promulgation of constitution. If the intention of the Madhesh based parties is to have constitution with the bigger consensus rather than no constitution with discussion for indefinite period, I still recommend to prolong the constitution making process by few weeks. Otherwise they can always amend the provision that they don't like by getting bigger share in the federal assembly from the later elections.

My comment ( in points rather than descriptive) has been forwarded to the Constituent assembly email address: comt.crcs@gmail.com. And I expect Constituent assembly Chairperson and all the political party leaders and people representative to be responsible to include all the logical demand of the people in the new constitution 2072.