In a span of just six decades Nepalis have seen the promulgation of six constitutions, the latest being the Interim Constitution on January 15. This statute is expected to remain in force until a new one is promulgated by the Constituent Assembly (CA), the elections to which are slated for mid-June.

Constitution is the fundamental law of the land and its provisions can be enforced if it receives the approval of the governed people. The constitution, to gain legitimacy, needs to address the demands and requirements of those who frame it. In the face of the failure of five successive constitutions, the interim one calls for a critical evaluation with an open mind, especially of its defects.

Regrettably, the interim constitution also appears to be incomplete and inconsistent with the people’s aspirations, especially with those of the Terai region and other ethnic and marginalised groups. As a result, it has invited protests and demonstrations that have led to bloodshed and vandalism.

Demands for its immediate amendments are on the rise although this constitution was prepared by the politicians who are said to reflect the aspirations of common Nepalis.

Constitution-making is not routine work. Its framers have to take stock of the political and social developments that are posing more and more challenges to those at the helm. The primary mandate of those in power now is the preparation of a new constitution that can fulfil political and socio-economic demands of all Nepalis. Therefore, the drafting process calls for foresight and focus on the part of the drafters.

Yale University political scientist Robert Dahl says: “Framing a constitution requires best talents”. Preparation of a good constitution calls for the collaborative effort of eminent political leaders, tested constitution scholars and informed citizens.

The collective intelligence informed by the pragmatic views of this broad range of people ensures a comfortably enforceable constitution.

The scheduled CA polls should be designed with an intention to assemble the people of excellent talents and great dedication to the constitution-making process. This, in turn, will go a long way in guiding the Nepali community towards a genuine democracy. We lack a reservoir of political capital and intellectual resources to come up with an effectively enforceable constitution.

Under prevailing circumstances, can the Constituent Assembly put together the best talents to draft a truly people-oriented constitution?

A good constitution based on true democratic credentials will guarantee the freedom of conscience, speech and association. People will be able to enjoy these freedoms in a peaceful environment, while, at the same time, it will also guarantee unrestricted enjoyment of fundamental and human rights. The constitution must be unequivocally characterised by impartiality, accountability and flexibility.

It needs to be impartial to each segment of society, provide mechanisms to hold decision-makers accountable and make provisions flexible in order to meet the exigencies of society in keeping pace with the dynamics of the changing environment.

Soon after the promulgation of the interim constitution, protests broke out in the Terai region and demonstrators voiced their dissent at the non-fulfilment of their basic demands. There is a high degree of discontent. Unless the interim constitution is amended, the questions of a federal polity that ensures proportional representation and adequate space in the constitution for various ethnic, linguistic and cultural groups will remain unanswered.

Beneath these discontents lie the overlooking of socio-economic backwardness of the marginalised people. Poverty and stigma also propelled many of these people to rebellion.

To improve the country’s gloomy outlook, the leaders should adopt an approach that is not solely focused on the domestic needs. Facing a crippling scarcity of internal resources and dearth of capable manpower, Nepal needs to explore broader issues in light of the increasingly globalising world through greater regional integration, particularly in the economic field.

Meanwhile, to preclude external security concerns, we should maintain true political neutrality vis-à-vis our neighbours and other countries.

It would be in the country’s interest if provisions for economic benefit and security concerns were also given appropriate space in the constitution to be framed by the Constituent Assembly. Analysing the present state of affairs, the constitution-framers-in waiting would be hard put to come up with an ideal constitution.

Instead, a realistic one might be drafted by taking the ground realities into consideration.

Shrestha is ex-foreign ministry official