What should be in New Nepali Constitution?


Where is the road map for New Nepali Constitution?

केमा अल्भिmयो अन्तरिम संविधान ?

संविधानसभाको निर्वाचन प्रक्रिया र प्रतिनिधिसभा विघटनको प्रसङ्गमा पुगेर अन्तरिम संविधान अड् किएको छ

माधव ढुङ्गेल

अन्तरमि संविधान मस्यौदा समिति मस्यौदा लेख्न दोस्रोपटक साउन १८ गते अपराह्न धुलिखेलतिर लागेको छ । समितिको म्याद सकिने दिन साउन २४ गतेभित्र कुनै पनि हालतमा ड्राफ्ट सकेर वार्ताटोलीलाई बुझाउन समिति लागिपरेको छ । धुलिखेलको लज रसिोर्टमा २१ गतेसम्म बसेर र्फकने योजनासहित समितिका संयोजकसहितका १६ जना त्यसतर्फ लागेका छन् ।

'फाइनल ड्राफ्ट' का लागि बस्ने भनिएको छ । तर, समिति टुङ्गोमा पुगिसकेको छैन, यी विषयबारेमा के लेख्ने भनेर ः

अिन्तरमि व्यवस्थापिका कस्तो हुन्छ र कति सदस्यीय हुन्छ ?

सिंविधानसभाको निर्वाचन प्रणाली र सिट सङ्ख्या कति हुने ?

राजाको स्थानका बारेमा अन्तरमि संविधानको मस्यौदामा के लेखिएला ? अन्तरिम संविधान मस्यौदा समितिका संयोजक लक्ष्मणप्रसाद अर्यालले साउन १९ गते बिहान धुलिखेलमा नेपाल सम्पादक किशोर नेपाललाई बताउनुभयो, "आएका सुझावलाई पढ्दा र मान्छेका कुरा सुन्दा राजासँग जनताले खुबै चित्त दुखाएका रहेछन् । कतिले त राजा राख्नै हुँदैन, अहिले नै फाल्नुपर्दछ भने । हामीलाई लेख्न त गाह्रो होइन । तर, यसबारे राजनीतिक शक्तिहरूका बीच मतैक्य भएन । अन्तरमि संविधानले राजतन्त्रका बारेमा निर्णय गर्ने कुरा पनि भएन । त्यसबारे संविधानसभाको निर्णय आउनुपर्दछ भन्ने कुरामा हाम्राबीच सहमति बनेको छ ।"

व्यवस्थापिका र निर्वाचन प्रणालीका बारेमा सरकारी र माओवादी वार्ताटोली अझै निष्कर्षमा पुग्न सकेका छैनन् । "दलहरूबीच एकमत नहुनाले मस्यौदा समिति अप्ठ्यारोमा परेको छ । सात दलभित्रै एकमत छैन," अर्याल भन्नुहुन्छ, "काङ् ग्रेसले यही प्रतिनिधिसभालाई लम्ब्याउने र सदस्यहरू थप्ने सुझाव दिएको छ । तर, प्रतिनिधिसभाको विघटन वा निरन्तरताका बारेमा एमालेले स्पष्ट धारणा राखेको छैन । माओवादीले भने यो संसद् विघटन गरी सदस्य सङ्ख्या तीन सयको हाराहारीमा रहेको अन्तरमि व्यवस्थापिका गठन गर्न जोड दिएको छ ।" यसमा एकतिहाइ माओवादी, एकतिहाइ नागरकि समाज र एकतिहाइ सात दलका प्रतिनिधि रहने प्रावधान छ । अर्याल भन्नुहुन्छ, "जनताले सात दल र माओवादी मिल्नुपर्छ भनेका छन्, हामी जनताको त्यही अभिमतलाई आधार मानेर काम गर्दैछौँ ।"

अर्यालका विचारमा सरकार र माओवादीबीच मित्रता भएका बेला माओवादीसँग हतियार हुनु र नहुनुले खासै फरक पार्दैन । मित्रता भएपछि एकआपसमा डराउनुपर्दैन ।

मस्यौदा समितिका सभापति लक्ष्मणप्रसाद अर्यालको प्रधानमन्त्री गिरजिाप्रसाद कोइरालासँग भेट नभएको डेढ महिना भएको छ । "भनौँ न, मस् यौदा कमिटीको संयोजकको दायित्व सम्हालेदेखि नै प्रधानमन्त्री कोइरालासँग मेरो कुराकानी भएको छैन," अर्यालले बताउनुभयो ।

यसअघि, राजनीतिक विषयमा निर्णयमा पुग्न मस्यौदा समितिले साउन १७ गते सरकारी वार्ता समितिसँग भेट गरेको थियो । "उहाँहरूले तपाईंहरू पनि निचोडमा पुग्ने कोशिस गर्नुस्, हामी पनि कोशिस गर्छाैं भन्नुभो," वार्ताटोलीसँगको छलफलबारे मस्यौदा समितिका सदस्य अग्नि खरेल बताउनुहुन्छ ।

मस्यौदा समितिका एक सदस्यका अनुसार, यसअघि १५ सदस्यीय समिति रहेकै बेला आठ र सात जनाको दुईवटा समिति बनाएर राजनीतिक तहबाट निर्णय हुनुपर्नेभन्दा बाहेकका विषयमा दुईवटा छुट्टाछुट्टै मस्यौदा तयार गरएिको छ । धुलिखेलको तीन दिनको बसाइमा ती दुईवटा मस्यौदालाई मिलाएर एउटै बनाउने काम पनि गरनिेछ ।

more ....

http://www.kantipuronline.com/Nepal/aabaran.php

Be aware of New Nepali Constitution Drafting Team.

New Nepali Constitution must be Truly Equal Rights, Equal opportunity and participation to Education, Government Employments, social and political participation.

New Nepali Constitution must be Truly Democratic, Justifiable, Civil rights, strong in law, order, rule and regulation. No one above the law and constitution.

New Nepali Constitution must be given full civil rights and full privileges to Nepali native tribal or indigenous people of Nepal. New Nepali constitution must have Quota system and implement for Nepali Indigenous people to give them opportunity, up lift and participation in Education, Government Employments and Political.

Yes, I agree...

Changing criminal and corrupted political parties does not work for democracy, peace and human rights.

Major change must be people must be aware of seven crook political parties and constitution and law must be changed. I mean major change and strongly implementation.

Like election systems, prime-minister official working periods, equal oppertunities for all Nepalese, crimes and corruption monitoring systems and punishment systems etc.

.Current constitution is already fine. all the players of democratic forces and people must work with it. However, something that i really think should be added is to create a constituional body (bigger than akhtiyar durupayog aayog) to make checks and keep track of actions taken by leaders of the nation at the house(s), the executive, the judiciary and the royal.

dont change the constitution,change the peoples mentality, bring moral, ethich, responsibility, social awarness back in the society and ppl.

Pasupati Nath le Nepal ko rakshya garun. ( Mero pani hai ..pleaseeeeeeee)

How can change Nepalese criminals and corrupted people mind and metality?

First thing.... constitution, Justice systems, law, order, rule and regulation must be clear and strong.

Second ... NO one must above the law... No one change and manipulate the law.

Third.... Law, order, rule and regulation must implement, watch and monitor.

Fourth.... national Criminals and corrupted people must get life time prision and death penalty. No more excuses and escape. We do not need human rights in this case.

Fifth... must run Political and social awarness and education workshops, training etc.

Then you can change bad people behaviour and mentality.....

Is not it?

Political parties and authorities always enjoyed the power giving almost nothing to the people whatever you write in constitution in traditional way they will always be able to manipulate it so i come up with new idea like below

1. The government must start, every year at least 100 MW power plant and they must complete it in 5 years for at least 10 years.
2. The government must build 200 km of new paved road every year, for at least 10 years.
3. The government must restructure the tax system so that 70 % of the budget comes from tax.
4. The government must initiate the irrigation projects so that 100 % of agricultural land is irrigated within 20 years.
5. Government must initiate and complete the projects so that 100% of populations have access to safe drinking water within 10 yrs

I like Mansion idea as well as _______ idea and everything no matter how many traditional consitution you make nothing is going to change .change is in the mentality not in the book...if mentality is manipulation of so called words of a book .. it will never change..

other way is as ________ a rigid constitution.If someone fails to do so consequences..regard that GOVT. as failed one and punishment will be given my voters !!

I really stand that....

Racial Discrimination, Crime and Corruption must be control by Law, Order, Rule, Regulation and Justice systems and these elements must be strong and truely democratic.

and

All control elements must be protected by Commission for the Investigation of Abuse of Authority (CIAA) and constitution or Monitoring systems.

We can not change uncivilize, criminals, corrupted people within next day and you do not want to wait for long time for luck.

what do you think?

1.
To take bribe and give bribe should not be illegal, as it has no meaning in Nepal. Be it a constutional monarchy, totalitarian monarchy, democracy or republicanism, it is always the part and parcel of the mainstream life. Then why this "dhongi"? Let it be fair to take bribes abd give bribes. In fact these two actions should be given a fair chance to prosper ... maybe one day the action becomes a part of professionalism in Nepal. It then needs to be liberated into the free market system so that even poor people can afford it.

2. Arko kura, the king and queen should not be abdicated without having them pay for their personal flights to Africa. Let it be mentioned in the constitution as a footprint.

3. Mrs Himani Shaha must be on sale in Hanuman Dhoka... she should be given the opportunity to tag her price...

In Nepal constitution, it is very important to Add "capital punishment" to crimials like...

Murders, Rapist, child and girl traffikers, smugglers, drug traffickers, black marketers, bribers, corrupted government officers, national criminals etc.

Capital punishment help to control or minimuze crimes and corruption.

You get it baby...

As far as i am concerned these 10 list of Bill of Rights should be included.

Bill of Rights:

Amendment I
Parliament shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.


Amendment II

A well regulated militia, being necessary to the security of a free nation, the right of the people to keep and bear arms, shall not be infringed.


Amendment III

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.


Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.


Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.


Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Amendment X

The powers not delegated to the Democratic Republic of Nepal by the Constitution, nor prohibited by it to the nation, are reserved to the nation respectively, or to the people.

There you go.

did you people like the Bills of Right i have drawn for the new Nepali constitution?
let me know if you have more ideas.

thanx

New constitution of Nepal must have strong law, order, rule and regulation as well as Equality in justice, education, employment and social freedom.

If you do not satisfaction with new constitution, it is a major time to chance or do amendemnt.

Do get surprise later.........

I view beliefs as the main obstacle for development of nepal. We all can work our tails off in foreign countries and do not want to do the same back home. We have a problem of being superior to another nepali daju bhai back home. We have not mind washing the dishes at the restaurnts and make the money to go to college in the foreign land, but our society view it indifferently if a guy from dolpa comes and work at the restaurants in ktm to attain a college. Which is the root of inequality. That's why our parents had to send us to the US or some other countries for quality education. You believe it or not they are proud of us. No matter you tell them the truth of washing the dishes here thay aint gonna tell the truth when they step out in the society. So they are having different kind of competition to send their children abroad. Any kind of way they have to send kids abroad. Result- bribary.
Going abroad tendency is rooted deeply in our society. That's why ministers get paid to put name of a layman in his deligation. To me our society has made the people corrupt. Everybody needs money and wants to live in castle. Unless we become honest to ourselves and be satisfied with whatever we've got, ammending the constitution or brushing law and order is not going to help nepal become neither peaceful nor prosperous.
I agree with Manson, we need to change our mentality.

JAI HOS!

People .... come back to mother land Nepal and do contribution work.

THE MOST IMPORTANT POINT FOR THE OVERALLL DEVELOPMENT OF THE COUNTRY IS FOREIGN POLICY, WE CAN LEARN A LOT FROM NEIGHBOR INDIA WHO HAS STRONG FOREIGN POLICY AND THIS REMAINS AS IT IS WHO EVER COMES IN THE POWER. DUE TO THE PEOPLE'S NATIONALISM AND GOVERNMENT'S STRONG POLICIES, THE INDIANS ARE 500 YEARS A HEAD THAN US IN TERMS OF DEVELOPMENT.

LETS LEARN FROM INDIA. LETS OPEN OUR EYES HOW THIS COUNTRY IS PLAYING BAD POLITICS WITH US ALL THE TIME, TRUELY SINCE 2007BS, WHEN INDIA WAS FREED FROM GB.

It is very important in New Costitution that .... Every Nepalese Tribes and indigenous people must have true democratic civil rights and equal rights on (1) Education (2) Government Employment (3) Social status and Citizenship.

In the past 6 decades, They were suppressed by Bahun and Chettris in every sectors. therefore Democracy was not successful in Nepal.

So New constitution must not miss these important elements....

source:

http://www.nepalnews.com/archive/2006/dec/dec09/news07.php