Suggestions submitted to the Constituent Assembly of Nepal

By: The Non-Resident Nepali Association (NRNA)

on The Future Framework of the Constitution of Nepal

2009 May 02

I. Introduction

Nepal has gone through a process of huge political transformation in the recent past and the Non-Resident Nepalese (NRN) community has been following closely the developments within the country and has made its own contribution in various ways to this process. The country is now in the process of writing a new constitution and the NRN community wanted to submit its own suggestions to the Constituent Assembly (CA). Accordingly, the International Coordination Council (ICC) of the Non-Resident Nepali Association (NRNA) established a Constitution Recommendation Committee (CRC) to collect suggestions from the NRN community residing in different parts of world and collate and crystallize them in a concrete set of suggestions. The Committee was composed as follows: Continue reading

Summary of Suggestions Collected in Canada

Compiled by: Dr. Pramod Dhakal

Prepared for NRN-Canada, and NRNA as an input to the constitutional development process in Nepal
Ottawa, Canada
2009 April 03

As one can imagine, there would be many opinions on any topic when it comes to complex matter like constitution. Knowing that there exist many opinions, we have compiled the suggestions formally submitted by NRNs living in Canada to the NRN-Canada Constitution Suggestions Task Force, either through email or through a blog created for this specific task. We would be happy if they added some new dimensions to the constitutional debates that have transpired in Nepal.

We have provided separate links for the full documents submitted to support those suggestions at the end of this document. Continue reading

The Law of Rule: Centralized, Decentralized and Distributed Systems

Prepared for CFFN, NRN-Canada, and NRNA as an input to the constitutional development process in Nepal

Ottawa, Canada
2009 April 03

Introduction

Many debates on the merits and demerits of centralized, decentralized and distributed system of governance have been carried for a long time in Nepal but very few actually understand what these words really mean. Consequently, the best debating “experts” are able to sway our opinions based on rhetoric than on the basis of rational logic. Despite carrying profoundly different meanings and implications to the society we tend to view these word almost interchangeably, especially when it comes to decentralized and distributed systems. It has been noticed that even highly educated and politically veteran people also lack critical scrutiny of the implications of those systems. Sometimes, even scientific literature fumble. This article aims to clarify these terms in a hope that it will help people select social and political systems that represent the aspirations of the general public. Continue reading

The Law of Rule: Democracy and Federalism of the Future

Prepared for CFFN, NRN-Canada, and NRNA as an input to the constitutional development process in Nepal

Ottawa, Canada
2009 March 10 (First presented on 2007 September 03 at Houston, Texas, USA)

Abstract

Political stability is best preserved if everyone feels they can have a say in government. Such feeling is possible to espouse only when governments represent small population, conducive for making consensus based decision making. Democracy flourishes in relatively small and homogeneous societies, whose members respected each other as equals, and are thus able to reach group consensus and do abide by it. Forming of a large country out of these small but numerous democratic states is possible if proper protocols for binding the states through free mobility of knowledge, trade and people is instilled. And I call such federalism as distributed federalism. Continue reading

The Law of Rule: The Governance of Innovation

Prepared for CFFN, NRN-Canada, and NRNA as an input to the constitutional development process in Nepal

Ottawa, Canada
2009 March 10

Abstract

A futuristic and sustainable system of governance must have four independent faculties: Legislative, Innovative, Executive, and Judicial. Of the four, the role and workings of the three have become a common knowledge for they existed in the industrialized West and copied by the rest of the world for some time. The governance of the innovative faculty is the subject of interest of this article. The role of the innovative faculty is to expand the sphere of innovation and knowledge for our collective prosperity. The key element of the governance of innovative faculty has been identified in this paper as: 1) transfer of jurisdiction of innovation from executive to the an independent one, 2) the presence of intransitive Power Relationship between legislative, innovative, executive, and judicial faculties, 3) special and constitutionally mandated funding of innovative faculty, 4) inter and intra constituency competition, 5) inter constituency exchange, 6) simple accounting scheme, 7) society taking custody of invention while rewarding the innovators, 8) the right to be wrong, and 9) distributed governance as the key elements of the governance of innovation. The innovative faculty should inspire innovation at grassroots level as well as professional level. The paper also proposes methodologies to reward those endeavors and resulting innovations. Continue reading

The Law of Rule: The Fourth Faculty of Governance

Prepared for CFFN, NRN-Canada, and NRNA as an input to the constitutional development process in Nepal

Ottawa, Canada
2009 March 04

Abstract

Modern thoughts have considered three independent faculties in governance: Legislative, Executive and Judicial. The ancient philosophers, however, seem to have been more advanced than us in discovering the fourth faculty in governance on top of these three. This article picks up on that ancient wisdom to propose a system of governance with four independent faculties: executive, judicial, legislative, and innovative. Continue reading

Suggestion for Nepalese Constitution

By Chandra Rai

Prepared for NRN-Canada, and NRNA as an input to the constitutional development process in Nepal
Brampton, Canada
2009 March 01

These suggestions are provided in a format prepared bt International Coordination Council of Non-resident Nepali Association (NRNA) and circulated by NRN-Canada National Coordination Council. This was originally intended to integrated with all other suggestions received. However, owing to various technical constraints, suggestions of individuals are passed in their original form. Continue reading

The Law of Rule: Values of a Society

Prepared for CFFN, NRN-Canada, and NRNA as an input to the constitutional development process in Nepal

Ottawa, Canada
2009 February 19

Summary

An aspiring society should set common values for its members so as to define what constitutes an ethical action, what are the common aspirations of all, and how to sustain achievements. Although it is up to the collective responsibility of all people to decide those ultimate values, I would pose five inspirational values, five ethical values, and five preservative values to advance this important debate. I have chosen learning, passing, serving, creating, and collaborating as the five inspirational values, equality, nondiscrimination, honesty, commitment, and respect as the five ethical values, and generative, additive, inclusive, obtainable, and lasting as five preservative values for a society in which I aspire to live. Continue reading

The Law of Rule: Introduction and Summary of Suggestions

Prepared for CFFN, NRN-Canada, and NRNA as an input to the constitutional development process in Nepal

Ottawa, Canada
2009 February 19

Following a long drawn armed conflict, a huge popular uprising of 2006, and a democratic election of 2008, Nepal peacefully entered into the league of democratic republics by overthrowing a reigning monarch. Nepal has subsequently undertaken a complicated task of formulating a new constitution through a 600 member constitution assembly (CA). In this backdrop, many views are contending in Nepal for their supremacy. To add extra substance to this national debate, the government has formally requested all Nepalese living around the world to send their suggestions for the new constitution. This article is written to propose some ideas to advance that important debate. Continue reading

The Law of Rule: Where is the Optimal Point of Distribution in a Federation?

Prepared for CFFN, NRN-Canada, and NRNA as an input to the constitutional development process in Nepal

Presented on July 11, 2008 at Canada Forum for Nepal organized conference, Unfolding Futures: Building Nepal Ground Up

Abstract

Contemporary Nepal is full of visible signs of inequalities, be they regional, ethnic, linguistic, caste-based, gender-based, or other in nature. Consequently, social tensions and anxieties are pronounced, and voices seeking social, political and economic empowerment are pronounced. The root cause of these tensions is the lack of four essences of an aspiring society: freedom, equality, prosperity, and rule of law. Because the central state could not deliver these essences, a federal mode of governance is in the making in Nepal. Today, Nepal has a potential to give rise to an ever advanced form of federalism where advantages of having a united country and local autonomy of people in decision making can both be harnessed ever more effectively. This paper presents principles behind building incorruptible distributed systems and behind advancements in social inclusion, social equality, political empowerment, innovation, and prosperity. It argues that the optimal number of the units of federation in Nepal is in hundreds and not three to fifteen states proposed thus far by various scholars. Continue reading