Khilraj Regmi advises preserving constitution’s core essence during amendments

Former Chief Justice and ex-Chairman of the Council of Ministers Khilraj Regmi has suggested that while amending the constitution, its core essence and preamble should remain intact, with special attention given to governance stability and balance. He provided this advice during a meeting with the ‘Constitution Amendment Debate Paper’ preparation task force, coordinated by Prime Minister Balendra Shah’s political advisor, Asim Shah.

The task force, led by coordinator Shah, visited Regmi’s residence in Baneshwar to gather suggestions. Regmi emphasized that the basic structure of the constitution should not be compromised during amendment discussions. He stressed maintaining the original spirit of the preamble, particularly the second preamble. On the current discourse regarding religious provisions, he clearly advised against making any changes to the existing arrangements.

Amid ongoing debates about adopting either an executive presidential or prime ministerial system, Regmi advised against hasty decisions. He warned of the risk of the country sliding towards another form of autocracy or totalitarianism in the name of seeking excessive stability. He suggested that such serious matters require thorough study of international practices and examples before reaching a conclusion.

Discussing the practical difficulties related to the government formation process and the no-confidence motion under Article 76 of the constitution, Regmi noted that the current provision, which disallows a no-confidence motion for two years after a new government is formed, is impractical. He proposed amending it to set a minimum timeframe of six months.

Regmi pointed out the distortion in the current electoral system, where the number of proportional representation MPs is excessive, overshadowing directly elected MPs and becoming ‘decisive’ in Parliament. He proposed reducing the total number of proportional representation seats to 60.

Additionally, he suggested stopping the practice of appointing individuals who have already held significant state positions from being reappointed as MPs through the proportional quota. He emphasized ensuring genuine representation of women, Dalits, and marginalized communities in the formation of the National Assembly.

Addressing the demands and political participation of the new generation (Gen Z), Regmi suggested lowering the age limit for candidacy in the House of Representatives from 25 to 21 years. For maturity, he recommended setting the minimum age for National Assembly candidacy at 30 years.

Recalling the constitutional provision for reviewing commissions within 10 years, Regmi advocated for maintaining the Human Rights Commission as a strong and autonomous central body. He argued that other subject-specific commissions should be transformed into branches of this main commission to reduce administrative burden and increase effectiveness. He clarified that forming numerous unnecessary commissions at the provincial level, mimicking federalism, is not required.

Regmi also called for special constitutional provisions for the comprehensive development of the geographically and socially disadvantaged Karnali and Madhes provinces.

Task force coordinator Asim Shah expressed commitment to seriously incorporate these important and guiding suggestions from former Chief Justice and ex-Chairman Regmi into the ‘debate paper’ being prepared by the task force.