Prioritizing Directly Elected Prime Minister and Non-Party Local Levels in Constitution Amendment

Summary of the news editorial review. The task force formed by the government led by Balendra Shah to prepare a discussion paper on constitutional amendments is engaging in consultations with various parties, constitutional experts, and civil leaders. The task force is deliberating on 46 items concerning governance structure, electoral system, federalism, judiciary, and constitutional bodies. The government has also sought opinions on judiciary reform, autonomy of constitutional bodies, non-resident Nepalese citizenship, and automatic convening of parliamentary sessions. Dated 3rd Jestha, Kathmandu. The task force established on the decision of the Cabinet meeting held on 16th Chaitra under Prime Minister Balendra Shah’s leadership is holding discussions with stakeholders including political parties, constitutional experts, civil society leaders, and the Gen Z leadership. The task force, chaired by the Prime Minister’s political advisor Asim Shah, has attracted various critiques. Prime Minister Balendra faced criticism for forming the task force hastily and lightly on a serious matter such as constitutional amendment at only the second meeting of the task force. He had not consulted with other parliamentary parties on the matter. Moreover, the decision to form the task force was made before any parliamentary session was even announced. The decisions to establish the amendment task force and to call the budget session were made simultaneously, which many stakeholders objected to. Nevertheless, the task force continues consultations with representatives of different parties, constitutional experts, and other relevant stakeholders. As these continuous discussions unfold, there is widespread interest in which subjects are prioritized in the constitutional amendment process. According to sources, five primary subjects are emphasized: governance structure, electoral system, federalism, judiciary, and constitutional bodies. In addition, various other topics are included. Altogether, 46 issue points are incorporated within these key themes.

Governance Structure
The government has prioritized deliberations on governance structure reforms. It is seeking input on whether the current system is functional or whether a fully parliamentary or modified parliamentary system is necessary. Views are also requested on having a directly elected executive president/prime minister or not. Additionally, the government is exploring whether having expert ministers or restricting ministers to elected parliamentarians is more appropriate. Discussions include the formation of the council of ministers and ministerial accountability.

Electoral System
Recent debates on the electoral system are also receiving priority. The government has proposed exploring whether a system featuring directly elected individuals, fully proportional, or a mixed electoral system is needed for constitutional amendments. The proposal emphasizes enhancing democratic and inclusive aspects of the electoral system, including topics such as NOTA (None of the Above), Right to Recall, and voting rights of Nepalese residing abroad. Furthermore, discussions cover improvements in the management of federal, provincial, and local levels, including the roles of National Assembly chairpersons and vice-chairpersons. The government has also proposed regulating electoral alliance culture through amendments.

Federalism Debate
Federalism, one of the most complex aspects during the constitution drafting process, is once again a subject of focus in the amendment discussions. The government is prioritizing ways to make administrative and financial federalism across federal, provincial, and local levels effective. For instance, expert opinion is being sought on the number of provinces and possible improvements in provincial structures. The subject of having a directly elected provincial chief minister is also under discussion. The proposal covers aspects such as setting the number of ministers or representatives, ensuring efficiency in provincial ministries and structures, the role of provincial chiefs, and procedures during their absence, as well as consequences if bills are not certified. Regarding local levels, three topics are included: whether the current party-based system is adequate or if a non-party individual competition model is needed; how to make local levels more accountable; and reforms to judicial committees.

Judiciary Reform
The government has introduced constitutional topics concerning judicial reforms. Priorities include establishing an independent, impartial, and competent judiciary. The task force is discussing criteria related to appointments, qualifications, tenure, age limits, high moral character, conduct, and discipline for the Chief Justice, Supreme Court judges, High Court judges, and District Court judges. Opinions are also sought on measures to address distortions and irregularities highlighted by court reports. The task force is consulting on ending political interference in the judiciary and policies on reappointment of judges at all levels. Structural reforms of the Judicial Council, presence of legal experts and Nepal Bar Association representatives in appointments recommended by the Law Minister, and whether the Chief Justice should be a member of the Constitutional Council are also under consideration. Methods for competitive selection of judges and balancing career development of Nepal Judicial Service officials with representation of legal professionals are further topics. The necessity and justification of a constitutional bench and the proposal to delegate more authority to High Courts to reduce caseloads in the Supreme Court have also been examined.

Constitutional Bodies
Changes related to constitutional bodies are also being raised by the amendment task force. Discussions include adjusting the number of bodies and their leadership positions, appointment methods and processes, and balancing autonomy and accountability. The necessity and purpose of a provincial public service commission is also under scrutiny. The task force seeks input on parliamentary impeachment and hearings involving constitutional bodies, implementation of recommendations and reports, and the automatic convening of parliament sessions. Additional topics include non-resident Nepalese citizenship and rights, qualifications and age limits for representatives, term limits for holding office, progressive implementation of policy directives under Article 54, amendments to federal management under clause 5 of Article 111, regulations regarding pardons, deferrals, changes, and sentence reductions, bill certification mechanisms, execution of ownership rights, removal of the Attorney General, or empowering prosecutorial authority. Alongside these government-raised issues, the task force is collecting suggestions from other relevant experts and has arranged for written submissions for the constitutional amendment process.