शक्ति र राजनीति

The present Constitution of Nepal — the Constitution of Nepal 2072 (2015) — was promulgated on 20 September 2015 (3 Ashoj 2072) by the second Constituent Assembly. Its fundamental features are as follows:

1. Federal democratic republican system The constitution establishes Nepal as a federal democratic republic. The hereditary monarchy was abolished, and the Head of State is an elected President. The country is divided into 7 provinces and 753 local levels (6 metropolitan cities, 11 sub-metropolitan cities, 276 municipalities, and 460 rural municipalities), with powers divided between the federal, provincial, and local governments.

2. Sovereignty vested in the people Sovereignty and state authority rest with the Nepali people. The preamble begins with "We, the people of Nepal," showing that the people are the ultimate source of all state power.

3. Parliamentary system of government There is a bicameral federal legislature — the House of Representatives (275 members) and the National Assembly (59 members). The executive power is exercised by the Council of Ministers headed by the Prime Minister, who is responsible to the House of Representatives. The President is the constitutional Head of State and the Prime Minister is the Head of Government.

4. Fundamental rights and duties The constitution guarantees 31 fundamental rights to citizens, including the right to equality, freedom, education, health, employment, social justice, and the rights of women, Dalits, indigenous peoples, Madhesis, Muslims, and other minorities. It also lists fundamental duties of citizens.

5. Independent and inclusive judiciary Justice is administered by an independent judiciary headed by the Supreme Court, with High Courts and District Courts below it. Judicial independence is guaranteed, and the judicial system is made inclusive.

6. Secularism Nepal is declared a secular state. The constitution protects the religious freedom of all, while recognizing the special contribution of Hinduism and respecting all religions practised in the country.

7. Proportional and inclusive representation The constitution ensures proportional representation of women, Dalits, indigenous nationalities, Madhesis, Muslims, and backward communities in state organs. Women are guaranteed at least 33 per cent representation in the federal and provincial legislatures.

8. Supremacy of the constitution The constitution is the fundamental law of the land. Any law inconsistent with it is void. It provides for constitutional supremacy, the rule of law, and a system of checks and balances among the three organs of the state.

9. Single citizenship with federal structure There is single citizenship for the whole country, though citizens enjoy rights at the federal, provincial, and local levels.

10. Provision of constitutional bodies It provides for constitutional bodies such as the Election Commission, Public Service Commission, Commission for the Investigation of Abuse of Authority, National Human Rights Commission, and others to make the administration accountable and transparent.

In short, the present constitution is a progressive, inclusive, and democratic document that transformed Nepal from a unitary monarchy into a federal democratic republic.

The Constitution of Nepal, 2072 (2015) was drafted by an elected Constituent Assembly (CA) and is widely regarded as a constitution made with broad participation of the people. The following facts justify this claim.

1. Election of the Constituent Assembly by the people. The first CA was elected in April 2008 and the second 601-member CA in November 2013, both through nationwide votes of adult citizens. The constitution was therefore drafted by representatives chosen by the people, not granted by a king or a small group.

2. Public consultation and collection of suggestions. The CA formed a Public Opinion Collection and Coordination Committee, and the CA Secretariat collected feedback from citizens in all districts. Hundreds of thousands of suggestions from individuals, communities and organisations were received, and people outside Kathmandu could also give their views.

3. Involvement of political parties and social groups. The major parties (Nepali Congress, CPN-UML, UCPN-Maoist and others) as well as Madhesi, Janajati, Dalit, women's, Muslim and other identity-based groups took part in the drafting and negotiation. Their demands shaped the provisions on federalism, proportional representation and inclusion.

4. Mass movements and popular pressure. The process followed the 2006 People's Movement (Jana Andolan II) and the Maoist People's War, which demanded a constitution written by the people's representatives. The 19-day movement forced the king to give up power and accept an elected assembly.

5. Abolition of the monarchy through the Constituent Assembly. At its first meeting on 28 May 2008, the first CA declared Nepal a federal democratic republic by an overwhelming majority (560 of the 564 members present), ending the 240-year-old monarchy and reflecting the popular mandate.

6. Approval by a two-thirds majority. The final draft was passed by the second CA on 3 Ashoj 2072 (20 September 2015) with well over the required two-thirds majority (507 of the 598 members present). The Preamble itself begins "We, the sovereign people of Nepal," and states that the constitution is made through the Constituent Assembly.

7. Limitations noted by critics. Some groups argue that participation was not fully inclusive, since some Madhesi and Janajati groups felt their demands on federal boundaries were ignored and protested strongly during the Madhes movement. This shows that participation was broad but not complete.

Conclusion. The Constitution of Nepal, 2072 was drafted by an elected CA, informed by public suggestions, negotiated among parties and social groups, and approved by more than a two-thirds majority. These facts justify that its formulation was based on people's participation.

Importance of the Democratic Ruling System

A democratic ruling system is a form of government in which the supreme power rests with the people, who either exercise it directly or through their elected representatives. Because it places power in the hands of the governed, it is regarded as one of the most important and widely accepted systems of rule in the modern world. Its importance can be discussed as follows:

1. Protection of people's sovereignty: Democracy recognises the people as the real source of all political authority. Through elections, referendums and public consultation, citizens take part in decision-making. This ensures that the government cannot rule against the will of the people for long.

2. Guarantee of fundamental rights: A democratic system protects basic rights such as freedom of expression, association, movement, religion and equality before the law. These rights allow individuals to live with dignity and to develop their personality fully.

3. Peaceful transfer of power: In a democracy, power changes hands through periodic elections rather than through violence or heredity. This reduces the risk of coups, rebellion and civil war, and gives political stability to the country.

4. Accountability and transparency: Since rulers are elected for a fixed term and must face the voters again, they remain answerable to the public. The presence of opposition parties, free media and independent judiciary further checks misuse of power and corruption.

5. Rule of law and equality: Democracy is based on the principle that all citizens are equal before the law, irrespective of caste, religion, gender or wealth. No one, including the ruler, is above the law. This creates a just and orderly society.

6. Protection of minorities: A democratic system does not merely follow the rule of the majority; it also safeguards the interests and rights of minorities. This helps maintain social harmony and unity in a diverse country like Nepal.

7. Public participation and good governance: Democracy encourages citizens to participate in politics, public affairs and local bodies. Such participation makes governance more responsive, inclusive and effective, and links the government closely with the needs of the people.

8. Peaceful resolution of conflict: In a democracy, disagreements are settled through debate, negotiation and legal procedures. This makes it possible to resolve political and social conflicts without bloodshed.

9. Foundation for development: A democratic system promotes education, awareness and a sense of responsibility among citizens. An informed and free people can press the government for better services, which ultimately supports national development.

10. International recognition and legitimacy: Democratic governments enjoy greater legitimacy and respect in the international community. They can also cooperate more easily with other democratic nations.

In conclusion, the democratic ruling system is important because it secures the sovereignty of the people, protects fundamental rights, ensures accountability and the rule of law, and provides a peaceful and stable environment for the overall development of both the individual and the nation. For a country like Nepal, which is plural in caste, language, religion and culture, democracy is not merely a political arrangement but a necessary condition for unity, equality and progress.