Across the country, people seem to have keenly offered their feedback on the preliminary draft despite several incidents of disruption and vandalism. Many even seem to be excited by the recent political developments. Still, a large segment of the population have been demonstrating against the draft arguing that it is not inclusive, that it does not represent all segments of society and, most importantly, that the draft reflects only the interests of a few political parties and their bosses.

Under such circumstances, many questions must be asked. Did we allocate enough time for public debate on the draft? Can the new constitution resolve all the existing problems the country faces? Can it complete the peace process? Already, we are seeing popular dissatisfaction with the draft on the streets, at public forums, in the media and on social media. What is wrong with the draft or how did it go wrong? How can the constitution be sustainable if many wish to tear it up even before it has been promulgated? This article seeks to raise many important questions regarding the draft against which the quality and legitimacy of the document can be judged.

Important questions

First, every constitution in the world is founded upon certain principles and norms. For each, it is about process and outcome. Did our so-called politicians follow the basic principles, norms and rules for drafting the constitution? Did the Constituent Assembly (CA) have enough power to discuss the document thoroughly or was the process dominated, as in the past, by a few fat cat politicians of the four major parties?

A constitution is more than just a political document. It is the supreme instrument for running the nation, and it represents a vision not only of how we wish to govern ourselves today, but of how future generations should do so too. Therefore, a constitution, as a living document, should provide a vision and a legal parameter for where and how we aim to be even after another five decades in terms of social, political and economic development. The big question is: does this draft present that kind of vision?

Second, what are the basic features of a quality constitution? The present draft must be judged by both its content and its quality. As the supreme law of the land, does the draft uphold the ideals of equality, freedom and justice? Is it well-written and flexible and does it provide for a bill of rights and the independence of the judiciary? Does the draft provide fundamental freedoms for its people?

Why hurry?

For centuries, constitutions have been celebrated for granting power to the powerless, voices to those voiceless and a strong weapon to those oppressed and marginalised. Third, public debate and consultation with all sectors is very important for the greater legitimacy and public acceptance of any constitution. Broad participation while drafting the constitution is paramount  for the durability of any law that it subsequently gives rise to. Writing a constitution is about give and take, and it is about sharing values, visions, respecting each other and, most importantly, sharing the future among the citizens. Did the drafting of this constitution allow such broad political participation? Did we give enough time for public debate and consultation, and will we fully take note of the opinions expressed?

The country has already spent many years, resources and energy drafting the new constitution. But the time and money spent on it is not as important as writing a constitution which seeks to provide a genuine solution to our problems of the past. In addition, the document must adequately represent all sections of society.

The constitution, we have been told, will be promulgated by August. Does that leave the lawmakers with enough time to incorporate public comments into the final draft? If not, why are we in such a hurry?  

For posterity

Our generation has suffered greatly due to the political mistakes made by our forefathers. We must not repeat those mistakes. We must make sure, through this constitution, that the next generation will not need to fight for political change or for yet another constitution. We must truly secure their democratic future through this statute. The final document must emerge as a bridge that brings together the various castes, creeds and other segments of our society. It must emerge as powerful glue that sticks the already divided society together. It must emerge as the healer of centuries-old social wounds, divisions and disparities. Does the present draft offer these?

The righting of historical wrongs is most vital for any new constitution. All constitutions are works in progress, and none are perfect. No matter how well written it they are, none can guarantee success. Rather, it is our attitude and, most importantly, our greater political commitment and political sincerity that can make a constitution effective and productive and turn lofty ideals into reality. The constitution is the means by which we show how we wish to govern ourselves. We must use this unique opportunity to correct historical mistakes. If not now, then when? Let us hope that the new constitution will come to be celebrated as a new birth of freedom and nationhood.

Basnet holds a PhD in human rights from Lancaster University, the UK and is an advocate