Stories of Sandeept

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Tag: constitutional literacy

Smoggy Kathmandu threatening the Right to Clean Environment

Right to Clean Environment in Nepal is an Arduous Task

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On August 20, 2025

In Constitution Study, Blogging, Nepal, Nepali

Constitution Study #13: A discussion of Article 30, the Right to Clean Environment, its implications and challenges in Nepal

We can’t live healthily without clean environment. The Constitution of Nepal recognises this necessity and guarantees the Right to Clean Environment as a fundamental right. However, as with the fundamental rights discussed in this Constitution Study series, attaining clean environment is an uphill task.

Right to Clean Environment in the Constitution

Article 30 of the Constitution states:

(1) Every citizen shall have the right to live in a clean and healthy environment.

(2) The victim shall have the right to obtain compensation, in accordance with law, for any damage caused by environmental pollution or degradation.

(3) This Article shall not be deemed to prevent the making of necessary legal provisions for a proper balance between environment and development in development works of the nation.

Difficulties in Implementation

Although the Constitution guarantees a clean environment for everyone, and the victims have the right to compensation for damage, environmental degradation is a huge problem, especially in the urban areas. Dusty congested roads, unmanageable traffic, and non-existent sewage management have been chronic problems, even in the capital city, Kathmandu.

Lack of proper urban planning and implementation of existing plans have made cities hazardous to live. Pollution-induced diseases are on the rise. For instance, 75 percent of chronic obstructive pulmonary disease cases, 46 percent of strokes, 44 percent of ischemic heart disease, 41 percent of lower respiratory infections, 38 percent of lung cancer, 30 percent of neonatal issues like low birth weight and preterm birth, and 20 percent of diabetes (Source: World Bank Report on Clean Air in Nepal).

Moreover, smog from forest and field fires disturbs the normal functioning of people all over Nepal. Since the smog originates not only in Nepal but also in India, transborder pollution has been a major environmental issue of late.

Similarly, river pollution has increased the risk of water-borne diseases, more prominently in the urban areas. Landfill management is also a challenging aspect of urbanization in Nepal.

Also, an increase in natural disasters has led to the destruction of the habitable environment in many parts of Nepal.

Plans for better environment

1. SDGs

The United Nations’ Sustainable Development Goals (SDGs), adopted in 2015, integrate environmental sustainability as a central pillar of development. Several goals explicitly relate to achieving the right to clean environment:

  • SDG 6 (Clean Water and Sanitation): Ensure availability and sustainable management of water and sanitation for all, including reducing pollution, eliminating dumping, and minimising release of hazardous chemicals.
  • SDG 7 (Affordable and Clean Energy): Promote renewable energy and energy efficiency, reducing environmental impacts of energy generation.
  • SDG 11 (Sustainable Cities and Communities): Reduce adverse environmental impacts of cities, including air quality and waste management.
  • SDG 12 (Responsible Consumption and Production): Ensure sustainable use of natural resources and reduce waste generation.
  • SDG 13 (Climate Action): Take urgent action to combat climate change and its impacts.
  • SDG 14 & 15 (Life Below Water & Life on Land): Reduce water and terrestrial pollution, halt biodiversity loss, and restore degraded ecosystems.

2. Sixteenth Plan

The Sixteenth Plan (2024/25–2028/29) focuses on different environmental issues, including:

Environmental DimensionKey Actions in the 16th Plan
Climate Change & MitigationImplementation of emission-reduction strategies, renewable energy, and energy-efficient policies
Green Economy & BiodiversityMinimizing development impacts; promoting clean infrastructure; natural resource conservation
Financing & CoordinationAccessing international climate finance; engaging stakeholders; multi-agency collaboration
SDGs & LDC Graduation StrategyEmbedding climate risk management within broader development and transition frameworks

3. Laws and Policies

Nepal has adopted laws and policies to meet SDGs as well as the right to clean environment. Some of them are:

  • Environment Protection Act 2019 and related regulations provide a legal framework for pollution control, EIA/IEE requirements, and environmental accountability.
  • Nationally Determined Contributions (NDCs): Under the Paris Agreement, Nepal has committed to reaching net-zero emissions by 2045.
  • Kathmandu Valley AirQuality Management Action Plan, 2020 at the municipalities within Kathmandu Valley.
  • Ongoing investment in solar, micro-hydro, and biogas projects for rural electrification.
  • Climate resilience projects funded through the Green Climate Fund (GCF) and Climate Change Policy (2019).
  • Protection of endangered species, such as rhinos and tigers.
  • Community forestry programmes (with over 22,000 forest user groups) have empowered local communities in sustainable forest management.

Silver Linings

Although the task of maintaining the right to clean environment has been difficult, there are some notable attempts.

  • The following lawsuits have worked towards ensuring the right to clean environment:
Case / IssueOutcome / Significance
Godawari Marble industry (1992)Recognized environmental right within Right to Life; affirmed locus standi
Bagmati River dumping (2000–01)Stopped dumping; required environmental assessments
Vehicular pollution (2003)Enforced emissions standards; cleaner fuels
Illegal brick kilns (2005)Ordered closure of polluting kilns
Groundwater misuse (2010)Enforced regulation of groundwater extraction
Fewa Lake cable car (2018)Protected ecosystem; highlighted environmental rights
Nijgadh airport (2019–22)Halted project due to flawed EIA
Climate law case (2018–19)Mandated new climate law and implementation of policies
Chure excavation (2023)Declared ecocide; halted harmful extraction
Ongoing PILs (2025)Public interest litigation a growing tool for environmental justice
  • Nepal generates over 90% of its electricity from hydropower, contributing to SDG 7.
  • A New York Times article has recently reported that 76% of the imported cars in Nepal are electric.
  • Nepal has established 20 protected areas (national parks, wildlife reserves, conservation areas) covering over 23% of its territory—well above the global target of 17%.

Conclusion

Despite having the Right to Clean Environment is a constitutional mandate, Nepal has not been able to implement it properly due to political constraints, lack of coordination between the three federal units, lack of awareness among people, and transboundary pollution. It is of utmost importance to align policies towards clean environment and sustainable development, improve coordination between the federal levels, and address transboundary pollution through diplomatic approaches.

Right to Education in Nepal

Right to Education in Nepal: Progress and Persistent Challenges

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On August 13, 2025

In Constitution Study, Nepal

Constitution Study #12: A look into Article 31 of the Constitution of Nepal

Quality and equitable education is the pre-requisite for advancement of individuals as well as other constitutional rights, such as dignified life, employment, equality, and participation. In Nepal, Right to Education is a special constitutional provision to equip every citizen with the tools to participate fully in national life. The Sixteenth Plan recognizes that human capital development, promoted by education, is crucial to economic transformation. Yet, as with many promises in our Constitution Study Series, the challenge lies in delivery.

What the Constitution Says on Right to Education

Article 31, the Right to Education, in the Constitution of Nepal (Article 31) guarantees:

(1) Every citizen shall have the right of access to basic education.

(2) Every citizen shall have the right to get compulsory and free education up to the basic level and free education up to the secondary level from the State.

(3) The citizens with disabilities and the indigent citizens shall have the right to get free higher education in accordance with law.

(4) The visually impaired citizens shall have the right to get free education through brail script and the citizens with hearing or speaking impairment, to get free education through sign language, in accordance with law.

(5) Every Nepali community residing in Nepal shall have the right to get education in its own mother tongue and, for that purpose, to open and operate schools and educational institutes, in accordance with law.

These provisions are consistent with Nepal’s international commitments under the Universal Declaration of Human Rights (Article 26) and Sustainable Development Goal 4.

Progress in Numbers

From the Sixteenth Plan:

IndicatorCurrent StatusSixteenth Plan Target
(2028/29)		Long-term Vision
(2043/44)
Literacy rate (5+ years)76.3% (2022/23)85%+99%
Gross enrolment in higher education17.77% (2022/23)32%–
Gender parity index in educationPrimary: 1.02, Secondary: 1.05Maintain >1Maintain >1
Net enrolment rate (Grade 1–8)~95%100%100%
Dropout rate (basic level)~7%<3%Near 0%
Technical & vocational enrolment share20.7%30%–
Schools with internet access35.5%80%100%

Key Achievements

There have been some progress in the education sector in Nepal, as suggested by the following data.:

  1. Rising literacy: The rate of literacy has been rising, especially among women, from 25% in the early 1990s to nearly 70% in 2021.
  2. Increased higher education enrolment: It has tripled since the 2000s.
  3. Targeted inclusion programs: Scholarships for Dalit and marginalized students, free textbooks, and mid-day meal programs in some provinces have increased school enrolment.
  4. Digital expansion: Online learning initiatives and school internet access have advanced the 2019 pandemic.

Challenges in Meeting the Right to Education

Despite annual budget allocation of about ten percent, achievements in education sector have been meagre. The peristent challenges in implementing Right to Education include:

  1. Quality vs. Quantity
    While enrolment rates are high, learning outcomes are often poor. Many grade 5 students struggle with grade 2-level reading comprehension.
  2. Geographical Disparities
    Mountain and rural districts face teacher shortages, multi-grade classrooms, and seasonal school closures due to weather.
  3. Dropouts and Transition Gaps
    Economic pressures lead to early school leaving, especially for girls—linked to child marriage, household labor, or migration.
  4. Inequity in Higher Education Access
    Although higher education enrolment is rising, it is disproportionately urban. Technical and vocational training opportunities are still limited.
  5. Digital Divide
    Internet penetration in schools is uneven; many rural students have no access to devices or stable connectivity.

The Way Forward

To close the gap between constitutional ideals and reality:

  • Update curriculum to meet national and international needs and standards.
  • Upgrade teacher training and link incentives to performance and retention in remote areas.
  • Expand school infrastructure, including labs, libraries, and digital access points.
  • Increase scholarships beyond secondary level to include vocational and tertiary education for marginalized communities.
  • Promote mother tongue instruction in early grades to improve comprehension and reduce dropouts.
  • Align education with labor market needs through stronger technical/vocational programs.

Nepal has the vision, constitutional mandate, and policy roadmap. The challenge now is ensuring that the Right to Education is not just an enrolment number, but a lived reality for every child.

A person having to leave Nepal for foreign employment symbolizing problems in implementation of Right to Employment and Labour

Right to Employment and Labour in Nepal: An Unfulfilled Promise?

By

On July 30, 2025

In Constitution Study

Constitution Study #11: An analysis of Articles 33 and 34

In Nepal, Right to Employment and Labour are fundamental rights. Yet many Nepalis leave the country for employment and labour. It’s not because we are lazy or don’t want to work. We have cultivated crops in the deserts of the Gulf, constructed buildings and ships in the Middle East, Malaysia, and South Korea, and taken care of children and elderly in the nursing homes of Europe and Australia. So, what’s going wrong–our policies or the way we are implementing them?

Right to Employment and Labour

Article 33 of the Constitution of Nepal (2015) declares the Right to Employment as a fundamental right. It states:

Every citizen shall have the right to employment. [Article 33(1)]

and

Every citizen shall have the right to choose employment. [Article 33(2)]

Article 34 guarantees the Right to Labour. It allows labourers (anyone who does physical or intellectual work for an employer in consideration of remuneration) to have:

  • fair labour practice [Article 34(1)]
  • appropriate remuneration, facilities and contributory social security [Article 34(2)] and
  • form and join trade unions and to engage in collective bargaining, in accordance with law.

International Commitments

Nepal is a signatory to major International Labour Organization (ILO) conventions, including:

  • ILO Convention No. 14 (Weekly Rest (Industry))
  • Convention No. 29 (Forced Labour),
  • Convention No. 98 (Right to Organize and Collective Bargaining),
  • Convention No. 131 (Minimum Wage)
  • Convention No. 138 (Minimum Age), and
  • Convention No. 182 (Worst Forms of Child Labour).

The Universal Declaration of Human Rights (Article 23) and the International Covenant on Economic, Social and Cultural Rights (Article 6) also affirm the right to work, fair wages, and decent working conditions.

The constitutional provisions and international commitments on right to employment and labour sound like Nepal values its workers. But promises are far from being fulfilled.

The Ground Reality: Exploitation and Exclusion

Lack of employment opportunties in Nepal is driven by a mostly service-orientated public sector and a slow-growing private sector with little to no opportunities for career growth. Many private institutions don’t even provide minimum basic salary to lower-level employees.

Exploitation of labour is rampant in Nepal, especially, but not limited to the informal sector and among the rural and the marginalized. Even the 16th Plan (2024/25–2028/29) acknowledges this gap. It notes that informal employment still dominates the labour market, with nearly two-thirds of jobs falling outside formal protections, a recipe for exploitation.

Child labour, bonded labour (especially among the Dalit communities), wage theft in the construction and domestic work sectors, and lack of safety standards in manufacturing remain persistent problems. Domestic workers, many of whom are women, and those in high-risk sectors like mining are often excluded from social security. Even white-collar government employees have low remuneration, and only recenlty getting access to contribution-based social security.

The absence of adequate and effective inspection means that companies get away with violations of labour laws. As a result, thousands of labourers suffer in silence. Many leave the country in frustration.

The Great Departure: Why Nepalis Work Abroad

Jobs are linked to dignity. Absence of dignified jobs kills dreams, and people migrate. As per the Economic Survey, more than 774,000 Nepalis received labour permits for foreign employment in FY 2022/23 alone. This does not even count the undocumented workers going to India or trafficked people using alternative routes.

The emigration in search of employment is often a compulsion for many. Jobs in Nepal are either unavailable, underpaid, unsafe, or reserved for the connected few. The 16th Plan admits:

The production and employment sectors have not grown in proportion to the country’s population and its aspirations”.

The stunted growth of productive sectors have brought challenges in implementing right to employment and labour.

A Glimmer of Hope?

The Constitution is alive and the 16th Plan is ambitious. It vows to:

  • Increase the formal sector’s share of employment from 36.5% to 70% by 2043,
  • Raise labour force participation to 72%,
  • Expand trainings for at least one million youths.
  • Promote productive employment and decent jobs as a strategy for poverty alleviation.

However, the Economic Survey 2080/81 reminds us that Nepal’s economy remains largely remittance-driven. The contribution of remittance to GDP stood at 21.2%, while the primary sectors like agriculture and manufacturing continue to shrink in their GDP share.

The promise of employment-led growth requires, in addition to policies, political will, labour reforms, skill development, and the courage to challenge vested interests that lead to labour exploitation. It will definitely lead to protection and implementation of the right to employment and labour.

What next?

Should we abandon hope? Or can we demand that the right to employment and labour be more than just ink on paper?

We push for:

  • Strengthening of the private sector by creating competitive environment,
  • Implementation of the Labour Act, 2074 with strict monitoring and punishments for violations,
  • Expansion of social security coverage to informal workers,
  • Empowerment of labour unions,
  • Investment in job-creating sectors, especially manufacturing and agriculture,
  • Returnee reintegration and skill-matching programs.

And most importantly, we must continue to ask questions. Because silence, after all, is the worst kind of exploitation.

Right to Information vs Culture of Secrecy

Right to Information and Right Communication in Nepal

By

On July 16, 2025

In Constitution Study, Blogging, Nepal, Nepali

Constitution Study #9: A reflection on the conflict between the Right to Information and the Culture of Secrecy

Case Studies on Right to Information and Right to Communication

According to a report published by FreedomInfo, in 2010, following deadly communal unrest in Kapilvastu, local leaders sought the government’s investigation report to secure fair compensation. The Home Ministry initially refused, citing cabinet secrecy. Undeterred, they appealed to the National Information Commission (NIC), an institution established by the Right to Information Act, 2064 (2007). The commission ordered the government to release the report, which was delivered a year later.

During King Gyanendra’s direct rule after February 1, 2005, Radio Sagarmatha, South Asia’s first independent FM station was banned for broadcasting an interview of Prachanda, the black-listed Maoist leader. The station filed a complaint against the Royal Government’s movement in the Supreme Court. Radio Sagarmatha resumed its broadcast 48 hours and 47 hours following the Supreme Court’s verdict upholding the right to communication.

The above examples show that information is power, and communication is key to unlock it. In a democratic society, access to information and freedom of communication are not only constitutional rights, but also essential tools for transparency, accountability, and informed public opinion. The Constitution of Nepal enshrines both the Right to Information (Article 27) and the Right to Communication (Article 19) as fundamental rights. Together, these rights create a framework through which citizens can engage with the state, demand accountability, and participate meaningfully in governance.

Understanding the Rights

Right to Information (RTI)

Article 27 of the Constitution of Nepal states:

“Every citizen shall have the right to demand and receive information on any matter of his or her interest or of public interest. Provided that no one shall be compelled to provide information on any matter which must be maintained confidential in accordance with law.”

This right empowers citizens to access government-held information, including policies, decisions, budgets, expenditures, and plans. It is a legal tool for fighting corruption, ensuring justice, and promoting good governance.

Right to Communication

Article 19 guarantees the freedom of opinion and expression, as well as the freedom of the press, publication, and broadcasting, provided that these rights do not:

  • Undermine the sovereignty, territorial integrity, or national unity,
  • Violate public decency or morality,
  • Encourage caste, ethnic, gender, or religious discrimination or hatred,
  • Jeopardize the harmonious relations between federal units.

This right ensures that individuals and media can communicate, report, and express freely, with reasonable legal restrictions.

Procedures for Obtaining Public Information

To operationalize RTI, Nepal enacted the Right to Information Act, 2064 (2007). The Act outlines the following procedures:

  1. Filing a Request: Any Nepali citizen can file a request with a Public Information Officer (PIO) in the concerned office by filling out a standard form or writing an application.
  2. Response Time: The PIO must provide the information within 15 days. In case of threats to life or liberty, the time limit is 24 hours.
  3. Refusal and Appeal: If the information is denied or not provided, the applicant can appeal to the National Information Commission (NIC).
  4. No Need for Reason: The applicant is not required to state the reason for seeking information.

The Economic Survey also emphasizes digital progress in governance, such as broader access to information and banking through ICT expansion.

Exceptions: What Information is Not Accessible

Both the Constitution and the RTI Act list certain exemptions. The following categories are considered restricted:

  • Matters that jeopardize national security or sovereignty
  • Information that undermines foreign relations
  • Internal deliberations of public bodies
  • Confidential information relating to individuals’ privacy
  • Trade secrets or intellectual property of private institutions
  • Ongoing investigations where disclosure may impede justice

These limitations attempt to balance openness with legitimate state and individual interests.

Connection with the Right to Privacy

While RTI promotes transparency, Article 28 of the Constitution guarantees the Right to Privacy. This includes:

  • Privacy of personal life, residence, property, documents, correspondence, and reputation
  • Protection from arbitrary surveillance or disclosure of personal information

Therefore, RTI must be carefully implemented to not infringe upon the privacy rights of individuals. For instance, information about a person’s health, bank account, or family life cannot be disclosed without lawful justification.

This tension between transparency and privacy necessitates a nuanced approach. The state must develop clear guidelines and train public officers to differentiate between public interest and private confidentiality.

Tension between RTI and the Culture of Secrecy

As we have often seen in this Constitution Study series, there are always gaps between constitutional provisions and implementations. Nepal’s government and bureaucracy have a culture of secrecy because of rampant corruption and the silo problem. The government listed 154 kinds of information as “classified,” in 2008. The National Information Commission ordered the government to revise the list.

In 2011, the government again tried to classify 88 types of documents as inaccessible, but the Supreme Court ruled against the decision. In 2023, The government listed 87 documents as “classified”, including those related to procurement (which should actually be transparent), but the list is unavailable in the public domain.

Besides corruption, another reason for problems in classification of documents in Nepal is the lack of clear provisions in the Right to Information Act and the lack of its coordination with the Secrecy of Documents Act 2039 (1982).

Conclusion

The Right to Information and the Right to Communication are pillars of Nepal’s constitutional democracy. They empower citizens, ensure accountability, and enhance public participation. However, their misuse and over-restriction can undermine these very goals. To strike the right balance, the state must improve legal awareness, ensure institutional readiness, digitize access, and respect privacy. Only then can these rights truly serve their constitutional promise of building an open and just society.

Uprising in Nepal

Can Nepal Restore Monarchy?

By

On May 15, 2025

In Constitution Study, Nepal, Politics

Constitution Study #2: Reflections on Sovereignty, Monarchy, and Nepal’s Living Constitution

When I first set out to read the Constitution of Nepal in its entirety, I expected a legal document—dry, technical, full of jargon. What I encountered instead was a mirror, not just of law and governance, but of ourselves, our hopes, our betrayals, our fragilities. Somewhere along the journey, an unsettling question surfaced:

If the power of the State is vested in the Nepali people, and if they want to restore monarchy, would the Constitution still be valid? Can Nepal restore monarchy?

This question did not come in isolation. It arrived during a time of national anxiety. Pro-monarchist rallies were clashing with the government—voices rising from corners of frustration, nostalgia, and desperation. The very legitimacy of Nepal’s republicanism was being questioned on the streets.

Uprising in Nepal
A Protest in Nepal. Source: https://www.orfonline.org/expert-speak/nepal-can-democracy-recover-in-the-himalayan-nation

So, I asked. And I explored.

What the Constitution Says

Article 2 of the Constitution of Nepal lays out the provision for popular sovereignty:

“The sovereignty and State power of Nepal shall be vested in the Nepali people. It shall be exercised in accordance with the provisions set forth in this Constitution.”

This clause is both empowering and limiting. It declares that sovereignty lies with the people. But it must be exercised within the Constitution. This means constitutional sovereignty overrides popular sovereignty. And here lies the contradiction:

What happens when the people’s will itself wants to go beyond the current Constitution?

Can the Monarchy Be Reinstated?

Theoretically, yes. Practically, it’s a bit complicated. And yes, not without undoing the Constitution itself.

Nepal is currently a federal democratic republican state, as defined in Article 4(1). This identity is not decorative. It is woven into the Constitution’s foundation.

Reinstating the monarchy, may be possible through:

  • A two-thirds amendment in the Federal Parliament (Article 274),
  • A popular movement,
  • A referendum, or
  • A drafting of a new Constitution.

It’s not like we say, “We want the King back,” and poof! we get the King in an instant. It is a structural, existential shift. And it would legally nullify the current Constitution’s core.

What About the Constitution of 2047 (1990)?

The Constitution of 2047 (1990) was built upon constitutional monarchy. It was not perfect. It embodied a compromise between the king and the political parties after the Jana Andolan of 2046 (1990). Interestingly, even though the executive worked under the name of the king, it explicitly stated in Article 3:

“The sovereignty of Nepal is vested in the Nepalese people and shall be exercised in accordance with this constitution.”

Reinstating that Constitution would mean people still reigning supreme. However, the actions of king could not be challenged in court. He could declare an unfit heir, and people would have to accept him. He could choose anyone to head the Raj Parishad in his absence, undermining democratic representation. These provisions are both legally contradictory and philosophically paradoxical, which eventually resulted in extra-constitutional actions by the king, the political parties, and the reinstated parliament.

And yes, while the actions of the reinstated parliament bypassed formal legal channels, they were largely legitimized by the momentum of Jana Andolan II of (2063) 2006, a movement that many believed restored, rather than subverted, the people’s sovereignty.

But is it possible for Nepal to reinstate monarchy?

Maybe. The answer is in world history.

Cambodia’s Restoration: A Comparative LensIn exploring Nepal’s possible paths, I looked outward — to Cambodia.

  • In 1970, King Sihanouk was overthrown.
  • After a tragic chapter of genocide and communist rule, Cambodia returned to monarchy in 1993, not by reviving the old constitution, but by drafting a new one.
  • The new monarchy was symbolic, ceremonial, and constitutional. The real power remained with elected representatives.

Cambodia’s case shows us: Monarchy can return, but it must adapt to the times.

A Personal Reckoning

As I studied these questions of sovereignty, legitimacy, and revolution, the streets outside were turbulent. The clashes between monarchists and police, the chants for the crown, the counter-chants for the republic… they weren’t just noise.

They were echoes of something deeper: a broken trust.

The Constitution promises much: dignity, equality, justice. But the political system built atop it has failed too many, too often.
During those weeks, I saw not just a legal text, but a document under siege, not by mobs, but by neglect, by elite capture, by empty promises.

Where Do We Go From Here?

Theoretically, Nepal could become a monarchy again. But it would not be the same monarchy. Nor should it be.
Just as this republic must evolve or die, any future system must serve the people, not rule them.

As I often reminded myself:
A Constitution is not a crown. It is a contract.
It lives only if we believe in it, and act on it.

Final Thoughts

This journey left me emotionally raw, politically awakened, and intellectually humbled.

I don’t support monarchy. But I understand why some people now do. It is not because they all love the idea of kings. Maybe some do.
But it is mostly because they feel abandoned by the republic.

The Constitution of Nepal is still our greatest hope, but only if we make it real in the lives of the people it was meant to serve. Otherwise, it too will be remembered as yet another broken promise in the footnotes of history.

The Constitution of Nepal

My Journey Through the Constitution of Nepal: Lessons, Emotions, and Awakening

By

On May 14, 2025

In Constitution Study, Nepal, Nepali

Constitution Study #1: Beginning of the Journey

I recently dove into the Constitution of Nepal, all 35 Parts and 308 Articles of it—can you believe it? What started as a simple goal to memorise some stuff turned into one of the most eye-opening experiences I’ve had. This wasn’t just about learning the law; it felt like I was uncovering a whole world of promises, power dynamics, and the real struggles of people. It was emotional and pretty profound!

Why I Began

My primary target was to rote the Constitution of Nepal for my Public Service Commission (PSC) exams using ChatGPT. I initially copy-pasted each article into ChatGPT so that I could listen to them later on. However, I soon realised that the AI could do more than regurgitate the words I fed it. I now wanted to understand the foundation of our republic. I had read articles and opinions, seen news coverage of constitutional crises, and heard political slogans that referenced the Constitution, and even read it in parts. But I knew that without reading it myself, I was relying on filtered, often distorted interpretations. I decided I needed to go to the source.

How I Read

Like I said in the previous section, I used ChatGPT to read the Constitution. I didn’t rush. I read part by part, often returning to previous sections to understand cross-references. ChatGPT turned into a thoughtful companion on this journey. I asked not only about what was written but also what was missing, what historical events shaped a clause, and how global norms compared. I paired my study with the Sixteenth Plan and the Economic Survey to see how constitutional ideals translated (or failed to translate) into real governance.

What I Discovered

  • A Tension Between Aspiration and Reality: The Constitution of Nepal is remarkably ambitious. It promises equality, social justice, federalism, inclusiveness, and participatory democracy. But in practice, many of these promises remain unfulfilled.
  • Political Will Matters Most: Even the best-drafted constitution is useless if those in power do not honour its spirit. The political system appears hijacked by a few, turning inclusive provisions into political bargains and decentralisation into control.
  • Rights Are Only as Strong as Our Vigilance: I began to see how fundamental rights, unless backed by accountability and access to justice, can become empty slogans.
  • The Constitution Is a Mirror: It reflects who we are, but also who we hope to be. Reading it forced me to reckon with my own expectations of the state and my role as a citizen.

Emotional Turns

1. Protests

I undertook this study primarily between February and April 2025. These months were not calm. During this period, political turmoil shook the streets: pro-monarchist groups clashed with government forces. Tear gas, barricades, and chants of “Raja aau, desh bachau” collided with the Constitution’s promise of federal republicanism. The death of Sabin Maharjan and Suresh Rajak on Chaitra 15 (March 28) disturbed me.

I remember reading Article 1, which declares Nepal a federal democratic republic, while watching live images of protesters waving the old royal flag. I remember the government violating human rights as I was studying about the Constitution’s promise of a life of dignity. The timing was surreal, as if the Constitution itself was being challenged just as I was beginning to grasp its meaning.

During my reading, I found myself emotionally torn between fear and hope. Would the Constitution survive this wave of anger? Was this a backlash against corruption or a romanticism of monarchy? Could people still believe in republicanism if republican leaders had failed them so deeply?

2. Gaps between text and implementation

Reading the Constitution was heartbreaking. Certain provisions promised dignity and justice to groups I know have suffered. Others, like emergency powers, revealed how fragile our freedoms can be under the wrong hands. I reflected on past political betrayals, unsolved transitional justice, public disillusionment, and even personal stories of injustice shared with me over the years. The gap between promise and practice hurt.

The gaps between the text and the reality made me more sceptical. The Consitution of Nepal is not one with consensus but compromise. There are many things that need to change. Is the change possible within the framework of the Constitution? I have serious doubts.

Yet hope remains.

If we, the people, become aware of what the Constitution has given us, we can create a better future. We have the roadmap; we need to trust it, build on it, and make necessary modifications as we move ahead.

What This Journey Taught Me

  • That a constitution is not just for lawyers or politicians. It is for every citizen.
  • That meaningful change requires informed citizens who hold institutions accountable.
  • That constitutional literacy is a form of empowerment.
  • That the document is not dead. It lives. It evolves. And it must be read and reread.

The Road Ahead

Though I have completed reading it once, my journey is far from over. I plan to revisit specific articles, track major Supreme Court interpretations, and explore comparative constitutional law. I want to continue connecting the text to the realities on the ground through economic reports, provincial plans, and citizen experiences.

A Call

To anyone who hasn’t read the Constitution of Nepal yet: start today. Don’t wait for a political crisis. Don’t assume it is too complex. Read it for your rights. Read it for your responsibilities. Read it because it belongs to you.

This journey changed me. It awakened me. And I hope, in some small way, this post will awaken others too.

If you ever want a companion to explore the Constitution with, I know one who helped me, tried answering all my queries, and never once grew tired.

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