Nepal’s Constitutional Amendments: A Debate on Reform and Stability

Nepal’s current political debate centres on the ruling coalition’s call for constitutional amendments. Led by the Nepali Congress and the Communist Party of Nepal-Unified Marxist Leninist (CPN-UML), the government argues that revisions to the constitution are necessary to address political and governance challenges. The amendments they propose include changes to the electoral system, tweaking the federal structure, and revisiting the nation’s secular status. They claim these reforms will lead to more inclusivity and stability in the long run.

On the other hand, the opposition, including several smaller parties, remains wary of such reforms. They argue that opening up the constitution to major changes could cause more harm than good, especially given Nepal’s complex political and ethnic landscape. There is a strong concern that amending the constitution without broad consensus could lead to political unrest and social division.

Key Amendment Issues

The debate over constitutional amendments revolves around three key issues:

Electoral System: There are calls to shift toward a more proportional representation system to ensure that smaller political parties and under-represented groups have a stronger voice in the political process. Currently, Nepal uses a mixed system, with some seats elected directly and others proportionally. The amendment would increase the number of proportionally elected representatives, giving smaller parties and marginalised groups more power. This change could bring more inclusivity, but critics also warn that it might further fragment an already divided political landscape.

Federalism: Nepal transitioned to a federal system in 2015, with the hope of decentralising power and promoting regional autonomy. However, challenges remain in balancing the power between the central government and the provinces. The proposed amendments aim to address these issues by altering the distribution of powers between the central and provincial governments to decentralise authority more effectively, empower regions, and address local governance issues. This would benefit provincial governments and historically under-represented regions, but it could also lead to conflicts over resource distribution and central control, especially in wealthier or politically dominant provinces. However, critics argue that such changes could destabilise the current system and weaken regional governance.

Secularism: Nepal has declared itself a secular state in its 2015 constitution, but this has been a topic of ongoing debate. Some groups, particularly those aligned with Hinduism, feel that secularism undermines the country’s religious heritage. While the current government has said that it’s not seeking to overturn secularism, there are discussions about refining the way secularism is addressed in the constitution to better reflect Nepal’s religious heritage, particularly its strong Hindu identity. While the state would remain secular, the changes might afford greater acknowledgement of Hindu traditions.

Challenges of Amending the Constitution

Amending a constitution is no small feat, especially in a country like Nepal, where political transitions have often been fragile. One of the main risks of making changes to the constitution is the possibility of increased political instability. The current constitution is only nine years old, and many fear that opening it up to amendments could lead to further fragmentation of the political landscape. Additionally, there are concerns about how these amendments could affect Nepal’s ethnic and regional balance. The federal structure, in particular, has been a sensitive issue since its implementation, and any changes to it could lead to discontent among certain provinces or ethnic groups.

Involvement of External Players: China’s Influence

Nepal’s geopolitical position between India and China means that any political or constitutional shift in the country attracts international attention. China, in particular, has been expanding its influence in Nepal over recent years, both economically and politically. Some analysts believe that the ruling parties’ push for constitutional reforms is also motivated by their desire to maintain a better relationship with China. As China continues to invest heavily in Nepal through its Belt and Road Initiative (BRI), there is concern that China’s involvement could subtly influence the direction of Nepal’s internal political decisions, including amendments to the constitution.

The debate over amending Nepal’s constitution highlights the delicate balance between reform and stability. While there are clear opportunities for addressing political challenges and improving governance, there is also the risk of destabilising the fragile peace that has been built over the past decade. Nepal’s leaders must tread carefully, ensuring that any changes are made with broad consensus and careful consideration of the nation’s complex political and ethnic fabric.

For India, watching these developments closely is essential, as Nepal’s stability and progress directly affect the region. Constitutional reform is a big change, and it must be handled with extreme caution to avoid unintended consequences.

(The author is an expert in foreign affairs. Views personal.)