31 July - 6 Aug 2015 #769

How (not) to write the constitution

Jainendra Jeevan in Kantipur, 27 July

The draft constitution has some impractical fundamental rights. How can a state that can’t even supply Cetamol or Jivanjal to villages ensure the right to employment?

Ethnicity-based federalism is not a panacea for empowering the marginalised. Inclusion, reservation, positive discrimination and proportional representation are.

There should be a threshold for political parties to enter parliament. Parties that do not secure at last three per cent of the total votes cast should not be recognised.

Instead of translating secularism as Dharma Nirapekshata, just spell it out as : “everyone will have the right to follow their own religion’.

Instead of setting up a constitutional court, make the existing judiciary accountable to some authority without infringing on its autonomy to control corruption in the courts.

Make provisions for amending the constitution more flexible so that it can adapt to the changing times and voices.

In the preamble, not a single world has been mentioned to recognise the contribution made by our ancestors to keep Nepal independent and sovereign. But it does mention ‘armed conflict’, which Nepalis do not want to remember at all.

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