Constitution Day: Promotion of constitutional culture stressed
Narayangadh (Chitwan), Sept 19: Constitution expert Kashiraj Dahal has stressed the need to develop a strong constitutional culture alongside the effective implementation of the Constitution.
Speaking at a programme organized in Bharatpur, Chitwan, on Saturday on the occasion of 11th Constitution Day, Dahal asserted that merely formulating a constitution was not enough.
He thus emphasized that the Constitution must be implemented in accordance with its spirit and principles and that a responsible political and civic culture should also be fostered.
He argued, "The Constitution provides a direction and a system, but it does not provide wisdom and judgment. Therefore, the laws envisaged by the Constitution should be formulated without further delay and enforced effectively."
Dahal said that political leadership, state institutions and citizens must demonstrate responsible conduct for the constitutional system to function effectively.
He opined that Nepal could draw lessons from positive practices and experiences of other countries to ensure the stability of its Constitution.
According to him, more than 800 constitutions have been drafted around the world, while some countries have amended or replaced their constitutions several times.
Citing the Constitution of the United States, Dahal mentioned that its fundamental constitutional system had been maintained while making amendments in response to changing circumstances.
According to him, public trust and ownership of the Constitution, along with respect for the constitutional system, are essential to keep the national statute alive.
"Promulgation of constitution is not enough. To keep it alive, political culture and conduct consistent with its spirit and principles are necessary," he underscored.
Dahal noted that promulgation of constitution itself is a political process and that countries around the world have developed different constitutional practices based on their political philosophies and national circumstances.
He cautioned that even constitutions with democratic content could face difficulties if their implementation was not guided by democratic practices.
He pointed to tendencies such as concentrating power in elected leadership, weakening state institutions, influencing electoral processes, undermining the opposition and controlling the media as potential threats to the constitutional system.
Regarding the implementation of the Constitution of Nepal, the constitution expert underlined the need to formulate the laws envisaged by it without further delay.
Stating that several laws required for its effective implementation, he dismayed that the laws were far from implementation although more than a decade have elapsed since the promulgation of the Constitution in 2015.
According to him, the prolonged absence of a Federal Civil Service Act had created complications in implementing administrative federalism, while he worried that the required legal framework for regulating school education was not in place yet.
During the programme, Dahal also spoke of need to promote constitutional awareness among the people and raise the question- 'What change did the Constitution seek to bring?' at the grassroots level.
Reflecting on Nepal’s constitutional history, he mentioned that the process of constitution promulgation began in 2004 BS and the country has gone through several phases of constitutional change over the years.
For constitutional stability, he opined, that Nepal needed not only a well-functioning constitutional framework but also political culture, institutional practices and a sense of public ownership consistent with the Constitution.
Furthermore, Dahal also called for amendments in constitution so as to make the civil service more professional and to better connect the knowledge and experience of government employees with national productivity.
Highlighting the need of a strong and professional bureaucracy, he stated the bureaucracy serves as a key mechanism for providing political leadership with necessary advice on policy and lawmaking.
