Dialogue Details

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Federalism: Constitutional Amendment and Unbundling of Power

A Discussion on "Federalism: Constitutional Amendment and Unbundling of Power" was convened

Kathmandu, August 21, 2024

Federalism and Localization Centre (FLC) organized a discussion program titled "Federalism: Constitutional Amendment and Unbundling of Power" in Kathmandu today. The event focused on making the federal system of governance effective, strong, and result-oriented through constitutional amendments, clarity on three-tiers powers, and the unbundling of responsibilities.

During the program, Senior Advocate and Constituent Assembly member Radheshyam Adhikari delivered a presentation on "Federalism and the Constitution." He shared his views on the constitutional foundation of federalism, the concept of federalism during the drafting of the constitution, and constitutional amendments in the present context.

Dr. Khim Lal Devkota, Chairperson of FLC, presented on "Federalism and Unbundling of Power," clarifying the need for a clear distribution of rights and responsibilities among the federal, provincial, and local levels, addressing ambiguities in exercising powers, and enhancing intergovernmental coordination and relationships.

Hon. Kavindra Burlakoti, Chief Whip of the Rastriya Swatantra Party (RSP), expressed his party's commitment to the constitution, federalism, and democracy, stating that RSP would coordinate to strengthen federalism. Hon. Basana Thapa, Chief Whip of the Nepali Congress, shared that she learned a lot from the program and emphasized that defending the constitution is the main responsibility of the opposition parties. Hon. Ain Bahadur Mahar, Chief Whip of the Communist Party of Nepal (UML), noted that the issue of constitutional amendments must be approached with seriousness. Hon. Yubaraj Dulal, Chief Whip of the Nepali Communist Party, stated that questioning whether federalism is needed only arises after fully implementing the powers guaranteed by law.

Similarly, HoR member Hon. Ganesh Bahadur Bishwakarma, Hon. Chhiring Dorje Lama Chairperson of the Provincial Affairs Committee and Hon. Urmila Sunar member of Bagmati Provincial Assembly, expressed their views on the relationship between provincial and federal levels, the role of provinces, and implementation challenges.

Former Attorney General and former Minister Agni Prasad Kharel, former Attorney General Dinmani Pokharel, Chief Attorney Dr. Sunil Ranjan Singh, and former Chief Attorney Dipendra Jha of Madhesh Province Government shared their perspectives on constitutional amendments and the division of powers from constitutional, legal, and operational perspectives.

Representing local government, Kanchhalal Jimba (Chairperson of Mahabharat Rural Municipality, Kavrepalanchok and General Secretary of NARMIN Bagmati Province), Manjali Shakya Bajracharya (Deputy Mayor of Lalitpur Metropolitan City and Secretariate Member of MUAN Bagmati Province), Gita Banjara (Deputy Mayor of Panauti Municipality), and Gita Satyal (former Deputy Mayor of Lalitpur Metropolitan City) emphasized practical local governance experiences, jurisdictional overlaps, and issues of intergovernmental coordination.

From the youth perspective, Majid Ansari and Sabanam Lama presented ideas on federalism, youth participation, and making the federal governance system more effective and citizen centric.

Participating speakers emphasized a practical review of constitutional provisions to ensure effective implementation of federalism, advancing necessary updates through constitutional laws, explicitly unbundling powers and duties.

The discussion highlighted that constitutional amendments should align with the core spirit of federalism, democratic values, inclusion, and the concept of government closest to the people, while defining the unbundling of powers as a fundamental aspect of federal implementation.

The presence of the RSP Chief Whip was appreciated by chief whips, leaders, and participants across parties. FLC will utilize the suggestions and conclusions from such dialogues in future research, policy discussions, and advocacy aimed at strengthening federalism.

The event was chaired by FLC Chairperson Dr. Khim Lal Devkota and moderated by Executive Director Prakash Pantha. Program Director Prahlad Lamichhane and Senior Program Coordinator Krishna Kumar Sah prepared the event report.