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VOL. 03, NO. 01, June 01, 2009 (Jestha 18 2066)
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Loktantrik Sambidhanka Adharharu
(Foundations of Democratic Constitution)
Published by: Agra Sarathi
Edited by: Nripdhoj Niraula, Yadavraj Pokharel and Tikaram Acharya
Price: Rs. 1200.00 (hard cover) and Rs.675.00 (paper cover)
Pages: 612
Foundation of Constitution
As Nepal is in the process of drafting a new constitution, the book discusses about the foundations of constitution
By A CORRESPONDENT
Edited by three young lawyers Nripdhoj Niraula, Yadavraj Pokharel and Tikaram Acharya, the book ‘Foundations of Democratic Constitution’ is a compilation of different articles by various constitutional lawyers.
Written in Nepali language, the book includes all different aspects of constitutions and its fundamentals. This will help all those people involve in the constitution making to know about the foundations of the democratic constitution. For overwhelming number of Constituent Assembly members, it was very difficult to grasp the process of constitution making by reading books in English. This has filled that void.
Published by Sarathi, a research and study center, the book consists of articles written by many young lawyers having experiences on the particular subject matters. In the last five decades, Nepal has experimented half a dozen constitutions and the term constitution is not, after all, new to anybody. By publishing the book in such a big volume, the authors have shown that they know the foundations of democratic constitutions.
Divided into eight different chapters, the first chapter discusses the basic frame work of the constitution. Three lawyers Purnaman Shakya, Bidur Koirala and Ishwori Prasad Khatiwada highlight the important aspects like constitutionalism as a foundation for good governance, the basic things in the constitution and preamble.
The second part is about the fundamental rights and human rights. Constitutional lawyer Tek Prasad Dhungana discusses the fundamental issues of secularism and religious freedom. At a time when there is growing debate over secularism and religious freedom, Dhungana’s article highlights all necessary steps regarding it. Dhungana’s article is conceptual as well as practical given Nepal’s own experiences from switching to Hindu State to Secular state.
Similarly, Nripadhoj Adhikari explains the right to life and some individual freedom. Shiva Gaule talks on Freedom of Press and freedom of expression. Likewise, Tikaram Acharya, Narishwor Bhandari and Krishna Prasad Subedi also talk about the issues like right to equality, right to privacy and access to justice and rights to criminal law.
The chapter third is about inclusion and state’s guiding principles and policies. Advocate Madhav Kumar Basnet discusses challenges of inclusion in state system citing the principle and practicality. Citin various cases of different parts of the world, Basnet holds the view that it is much talked about issue but difficult to implement.
In his article identification and protection of minorities and marginalized communities, Tek Dhungana refers to various ways adopted in the different parts of the world to protect the rights of minorities discussing the recent ILO convention on minority rights. In his another article, the structure of legislative and distribution of power, Dhungana discusses the evolution of legislature body in Nepal over the last five decades and propose a new way for distribution of power.
In most debated and much controversial issue of Federalism, advocate Lalit Basnet explains on concept of federalism and its experiment in Nepal. Discussing historical perspective of federalism in the world, young constitutional lawyer Basnet also highlights the experiment in Nepal.
Basnet discusses challenges as well as opportunities in federalism. Basnet’s argument is that Nepal needs to choose less conflicting ways for federalism.
Kashi Raj Dahal talks about constitution making and federalism. Dr. Dwarikanath Dhungel discusses Public Service Commission in Federal Nepal. Dr. Ram Krishna Timishina writes about judiciary in federal Nepal and Mohan Banjade contributes an article on internal relationship among the state’s organs. Bishal Khanal, Dr. Jayaraj Dhungana, Professor Birendra Prasad Mishra, Umesh Koirala, Dr. Bishnu Raj Upreti and Shree Krishna Aniruddha Gautam also contribute in this book.
Prepared within a very short period of time, this is a good book to read and keep.
