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Safeguarding republicanism
We must initiate several reforms to ensure citizens’ continued trust in the current system.Khim Lal Devkota
Nepalis celebrated the 16th Republic Day on Monday. Republicanism, federalism, secularism and proportional inclusivity are interconnected and reinforce one another. If the republican governance system is weak, federalism, proportional inclusion and other related principles will also suffer. The constitution could also be jeopardised if republicanism fails. To maintain a stable republican system, it is crucial to ensure the stability and effectiveness of the constitution. Citizens have expressed concern about the cost of the existing governance system and the attitude of the political leaders. The pressing need now is addressing the shortcomings of the governance system and working towards meeting the expectations of the people.
Reforming the executive branch should commence with the head of state—the President—whose role is primarily ceremonial. But the incidents of exceeding the constitutional powers by previous presidents have undermined the parliamentary system. The constitution clearly outlines the duties and responsibilities of the President. If past presidents had adhered to these constitutional provisions, disputes over the position of the President could have been avoided.
Term limits
Similarly, it is essential to introduce reforms concerning the head of government, particularly with regard to term limits. While the constitution limits the President to two terms, there is no such provision for the prime minister. Implementing term limits for the prime minister would facilitate a seamless leadership transition within the party and promote fresh perspectives and ideas. The role of the vice-president is also a subject of discussion. The vice-president has limited responsibilities. Drawing inspiration from countries like India, Nepal should consider empowering the vice-president to preside over the National Assembly. This would enhance the importance of the upper house and alleviate the burden of maintaining a separate chairman.
Another crucial reform required is preventing presidents and prime ministers from assuming each other's roles after finishing their terms. Leaders should embrace retirement and not covet vacant positions. So it is vital to establish a provision that prohibits individuals from switching roles. Limitations should also be set for ministers and Members of Parliament (MPs). Some individuals repeatedly hold ministerial positions, while others never get an opportunity to contribute. Restricting ministers to a maximum of three terms and introducing a similar provision for MPs would ensure a fair distribution of opportunities and prevent individuals from monopolising power. To further reform the executive branch, it is necessary to cap the number of ministries at 15.
The federal level is burdened with an excessive number of staff. Proper procedures should be implemented to either remove the unemployed personnel or redistribute them to subnational levels where their skills and expertise can be utilised effectively. The House of Representatives should be downsized from 275 to 165 seats, and the proportional electoral system should be eliminated in favour of the first past the post system. Seats should be allocated to ensure proportional and inclusive representation, including reserved seats for women, Dalits and marginalised communities. A reduction in the number of MPs in the House of Representatives and the Provincial Assemblies will allow the country to save on costs associated with the government system.
Another effective way to strengthen Parliament is to transform the 110 MPs who have been elected through the proportional representation system into the National Assembly, eliminating the current provision of a 59-member system. A crucial and necessary reform concerning the legislature is to empower the National Assembly to perform all the functions of the House of Representatives in its absence. This will provide strong support to Nepal's parliamentary practice, especially when the House cannot be convened due to regular elections or political disputes. In such cases, the budget should not be brought through the ordinance route, and the government will remain accountable to Parliament. Bills that are pending in the House can be passed by the National Assembly, ensuring no legislative inactivity. Furthermore, Parliament needs to play a more active role in monitoring and scrutinising government activities. It appears that Parliament's effectiveness in this area has been limited. Therefore, a more vigilant and engaged approach is necessary to ensure proper oversight and accountability.
Political interference
Reforms in the judiciary are crucial, similar to the legislative and executive branches. First and foremost, the judiciary must be shielded from political interference by ending the practice of appointing political figures as judges. Additionally, a system should be established where the senior judge automatically assumes the position of Chief Justice according to the roll order. Corruption within the courts is a common complaint. To address this issue and enhance security, a collective accommodation system should be implemented, ensuring judges at all levels, from the District Court to the Supreme Court, do not rely on intermediaries. And instead of burdening the courts with cases related to village disputes and local conflicts, there should be greater emphasis on developing methods of settlement through reconciliation at the local level in coordination with the local judicial committee.
These reforms are essential for enhancing the republican governance system and restoring people's hope and trust in the government. Failing to address these necessary safeguards may result in a decline in citizens' trust in governance itself. We are already witnessing the beginning of a concerning trend, with former king Gyanendra attracting and garnering support from the public. Unless political parties take heed of the people's grievances and work towards their resolution, the overall strength of the governance system will undoubtedly be compromised.