Constitutional amendments must not undermine fundamental values: NC

KATHMANDU: The Nepali Congress (NC) has concluded that any amendment to the constitution must not undermine its fundamental values, including democracy, republicanism, federalism, popular sovereignty, pluralism, the parliamentary system and inclusion.

The party has also stressed the need to ensure all-party political dialogue and public participation in the constitutional amendment process.

Making public the decisions of its recently concluded Central Working Committee meeting on Tuesday, the NC said the constitution promulgated in 2015 was a historic achievement of Nepal’s democratic struggle and people’s aspirations. “The party is committed to protecting, implementing and making timely amendments to the constitution,” it added.

Describing the constitution as a dynamic document, it said amendments in line with changing needs and circumstances are a natural part of the democratic process. “However, a serious issue such as constitutional amendment must be linked to public ownership, rights, representation and people’s trust in the state,” the party added.

Stating that democracy, republicanism, federalism, popular sovereignty, pluralism, the multiparty parliamentary system, separation of powers, an independent judiciary, freedom of expression and the press, the rule of law, inclusion and human rights are fundamental constitutional values, the NC made it clear that no amendment should be made in a way that curtails these principles.

The NC also accused the government of failing to take the issue of constitutional reform seriously. Stating that the government had moved ahead by forming a nonpolitical committee without holding political consultations, it said such a process could not facilitate meaningful discussion on an issue as profound as constitutional reform.

“For this reason, we decided from the outset not to participate in the process,” it said, adding that recent developments have now vindicated its position.

The NC has urged the government to form a Constitutional Amendment Recommendation Commission headed by a retired chief justice of the Supreme Court to recommend contemporary reforms while safeguarding the constitution’s fundamental values.

The NC’s decision has further exposed the political distance between the government and the main opposition over the constitutional amendment process. While the NC accepts the need for amendments, it has set clear conditions regarding the process, basis and political ownership of such changes.