Almost all the senior leaders of main political parties have claimed that the new constitution of Nepal promulgated on September 20, 2015 is the most inclusive of all South Asian nations’ despite Terai-Oppositions initiated by Madhesi and Tharu leaders which has passed over hundred consecutive days! Yet, all of the senior leaders including sitting Prime Minister have admitted that some of the provisions of constitution need immediate and serious amendments to address Terai-Oppositions.
But, to this day none of them have taken any immediate initiative except erstwhile Nepali Congress government registered two major provisions for amendment, which the UML led government has not yet given priority. Had the provisions Article 42 under “Right to Social Justice” that would institutionalize the principle of “Proportional Inclusiveness” and Article 84 (1) (a) and Article 286 (5) (6) which would mandate population based electoral constituency with the exception of geography for the constituency that has large territory but under-populated, been amended would theTerai-Oppositions have taken different political directions by making common citizens’ life livable?
The government’s failure to apprehend the consequences of the Terai-Opppositions has made lives of common citizen harder everyday to make their ends meet! The economic activities of the entire nation have slowed down drastically by spreading rampant black market aiming at the needs of domestic consumers who have excess to spend on. Above all, it has hit the most common citizens callously who have-not! Yet, political leaders of main political parties who have been caught up with their hyperbolic statements in blaming India are not waking up to address the political stalemate that the nation has been thwarted with the unnecessary hardship.
The government and its stakeholders who ought to protect the basic rights and freedom of its citizens under the rule of law have made citizens’ life miserable. For example, if the automobile owners – private or public (taxi/bus) have to purchase fuel in the black-market per liter RS.300 or more as a result of Terai-Oppositions. It is a failure of the government even whilst receiving thousands of liter petrol on grant from China (not to mention how many hundred tankers have recently entered Nepal from India.) It is obvious that the government is letting the market take unnecessary advantage of the situation allowing rampant corruption through black-market on petrol, cooking-gas, and all other essential commodities. The situation cannot justify that the government is running under the rule of law.
'The main political parties’ blame-game stratagem has had very little effect over the situation no matter how much it has been politicized around the globe. Nepal’s idealized socialist nationalism cannot by all means replace the southern borders with other nation than India. As a matter of fact, Nepal cannot by all means sustain itself without the market of its southern neighbor either practicing balance trade or monopolistic as it is.'
The main political parties’ blame-game stratagem has had very little effect over the situation no matter how much it has been politicized around the globe. Nepal’s idealized socialist nationalism cannot by all means replace the southern borders with other nation than India. As a matter of fact, Nepal cannot by all means sustain itself without the market of its southern neighbor either practicing balance trade or monopolistic as it is. But, it is up to Nepal (politicians, policy-makers, and implementers) to establish balance trade with its neighbors, not just reacting in a time of trade-tension (blockade) by falsely claiming that Nepal can sustain itself without Indian market. Besides, such an irresponsible outlook reflects lack of thinking devoid of human capacity of deductive reasoning.
Politics that leads the nation devoid of deductive reasoning to address specific conflict may miscarry. For example, the Article 42 under “Right to Social Justice” in the constitution if not amended with the principle of “Proportional Inclusiveness” it would be devoid of specific method or system to implement the Article with the fairness. Otherwise, the Article needs quota-system allowing political parties manipulate selections. Besides, if the proportional method is applied to a particular ethnic group or gender, for instance, it must have a baseline data of the entire population of a local, regional or nation. Therefore, without the principle of “Proportional Inclusiveness” the Article will have NO specific system or method to guarantee the right to social justice of all citizens with the fairness.
The Articles of the constitution must have standard for a system or method to develop specific regulation or policy to implement the provision. For example, if Article 84 (1) (a) and Article 286 (5) (6) are not amended with the system to determine population based electoral constituency allowing exception for geography of the constituency that has large territory but under-populated, the provision will cause further conflict by giving rooms to main political parties and their senior leaders manipulate the formation of the electoral constituency.
This constitution can successfully be implemented if its provisions are amended time and again discovering specific systems or methods for developing policy and regulations. The generalized (inductive) provisions need serious revision applying deductive reasoning. Otherwise, it will be incongruent for developing system to implement the provision. It is all well that the constitution has been promulgated. But, what politics had led it to this yet to be discovered by common citizens, which in course of time only the history may unfold the fact to their surprise!
However, the promulgating political parties’ senior leaders claim that it is the most inclusive constitution in South Asia that was passed with the support of over 90% votes of the second Constituent Assembly. None the less, they all have confessed the fact that the new constitution needs serious amendments immediately to address the demands of Terai-Oppositions – Madhesi and Tharu Movements. Although, the constitution may need time and again many unforeseen amendments that need a system or a method for implementation in order to establish rule of law with the fairness under the federal democratic republic system of the government.
