On 20 September 2015, Nepal’s current Constitution (often called the Constitution of Nepal 2072 BS / 2015 AD) was officially promulgated by then President Ram Baran Yadav, replacing the Interim Constitution of 2007. It was the product of the Second Constituent Assembly CA, after the first CA (elected in 2008) failed to deliver a constitution within its stipulated period and was dissolved in May 2012. Since then, Nepal has been observing the Constitution Day Nepal and this year, its Constitution Day Nepal 2025.
This constitution is Nepal’s seventh formal constitution, following those of 1948, 1951, 1959, 1962, 1990, and 2007 (interim) — each emerging from past political turmoil.
Why This Constitution Day Is Special — and Why the Constitution Survived
- By the People’s Representatives
Unlike many earlier constitutions which were imposed, drafted under monarchy or by selected elites, the 2015 Constitution was created by a democratically elected Constituent Assembly. Over 90 % of CA members endorsed it.
- Principles Embedded
The Charter enshrined republicanism (abolishing monarchy), democracy, secularism, federalism, inclusivity, proportional representation, fundamental rights — including freedom of speech, religion, equality etc.
- Promulgation Despite Crises
The drafting process was tumultuous — disagreements over the number, borders, and names of provinces; Madhesi and Tharu representation; citizenship laws; identity issues. But the constitution was still promulgated and has endured through years of political instability.
- Symbolic and Legal Legitimacy
Despite protests, institutional breakdowns, and grievous political failures, many legal and civil society experts see the constitution as the only surviving legitimate backbone for state legitimacy. Presidents, parties, civil society, and even Gen Z protestors repeatedly insist that future reforms or crisis management must happen within its framework.
Institutional Collapse: What Fell Apart
- State institutions, courts, police forces, archives and records were damaged or destroyed during recent Gen Z-led protests. Public faith in political parties, legislature, executive, and local governance is shaken.
- Corruption, political stagnation, censorship (including social media bans), economic inequality, and unemployment have deepened. These failures catalyzed the protests, which in turn worsened institutional fragility.
What Experts Are Saying
- Bipin Adhikari, constitutional law expert, notes that many of the demands of Gen Z — more accountability, transparency, restructuring institutions — can be addressed under the existing constitution. He argues that scrapping it would be dangerous; reform, not renewal, is safer.
- Senior advocates like Tikaram Bhattarai have warned that any extra-constitutional solution would threaten legitimacy and democratic gains. They argue that established constitutional achievements — secularism, federalism, inclusive representation — must not be compromised.
- Analysts say the constitution survived because it was strong enough in structure (i.e. it had legitimacy, public buy-in, legal standing) and flexible enough (with room for amendment) to absorb pressure. But that flexibility may now be tested to its limits.
What Gen Z is Demanding
From recent reports, the Gen Z movement’s demands can be summarized as:
- Dissolution of the current House of Representatives, seen as having lost public trust.
- Amendments of the Constitution, with active participation from youth, citizens, and experts.
- Establishment of a directly elected executive leadership.
- Investigation of assets looted over past decades; nationalization of illegally acquired properties.
- Structural reforms of institutions: education, justice, security, communications, health etc.
Importantly, Gen Z leaders so far have stated they do not want to discard the Constitution entirely but want it to be revised to reflect new expectations and accountability.
What Needs to Be Done: Reform Agenda
To ensure the Constitution’s survival is more than symbolic, these reforms seem essential:
- Amendment Process Activation
Use constitutional provisions to amend sections related to transparency, executive accountability, asset recovery, election procedures, and possibly executive leadership models. Ensure the process involves the citizenry, especially youth, rather than being party-driven alone.
- Strong Independent Institutions
Enforce or strengthen anti-corruption bodies, judicial independence, free media, rights commissions. These institutions must not be weakened by political pressure.
- Revising Citizenship Laws & Representation
Many have raised concerns that current laws disadvantage certain groups — women, Madhesi, marginalised ethnic/national groups. Reform here will increase inclusiveness and legitimacy.
- Social & Economic Rights Implementation
Ensure the rights guaranteed (education, employment, environment etc.) are implemented concretely. Laws or policies must follow through on constitutional promises.
- Transparent Digital Governance
Given social media bans were a catalyst, and trust in government is tied to information flows among young people, digital rights, regulation, and access need clarity.
- Interim Arrangements within Constitution
If trust in current legislative bodies is very low, experts suggest transitional or non-partisan caretaker governance under constitutional norms, pending reforms and fresh elections. But such arrangements must be constitutional or at least have broad legitimacy.
Conflicting Areas & Reform Challenges
- Some groups (e.g. monarchists or parties favouring centralization) want to alter fundamental features like federalism or proportional representation. Such demands conflict with Gen Z’s insistence to preserve those parts. (The Tribune)
- Electoral system complexity: balancing First Past The Post FPTP & proportional representation has been controversial. Some see it as necessary for inclusivity; others see it as inefficient and manipulative by political elites.
- Implementation gaps: even though constitutional rights are broad, enforcement is weak. For example, rights to a clean environment are guaranteed, but pollution, climate disasters, deforestation etc. persist with limited accountability.
- Trust deficit: Many citizens distrust traditional political parties. Experts caution that reforms driven solely by elites, or behind closed doors, will lose legitimacy.
Why the Constitution Must Be Saved
- It is the legal and symbolic anchor holding the federal democratic republic together, especially now that institutions have been damaged, political leadership discredited, and public grievance high. Without the constitutional framework, there is risk of chaos, extra-constitutional power grabs, or regression to non-democratic forms.
- Key democratic achievements — like parliamentarism, inclusion, secularism — are enshrined in the Constitution. Losing these would mean restarting battles that many sacrificed for.
- It is also the basal platform for reform: even Gen Z demands are mostly reform-oriented, not foundational overthrow, meaning the Constitution still has legitimacy and potential to adapt.
Conclusion
Nepal’s Constitution of 2015 has survived perhaps its most severe test: mass protests, institutional breakdown, political collapse. Its survival is not by accident — it rests on its legitimacy, legal status, and symbolic meaning. But survival alone is not enough. For the Constitution to matter, it must be more than paper: it must reflect the people’s demand for justice, inclusion, and accountability. The question for Nepal now is not whether to save the Constitution — but how to transform it from the last surviving structure into one that is not just respected, but trusted and lived by all, especially the youth whose demands echo across the streets.
Also read: Daily News Roundup| Sep 18, 2025
Sudan Gurung Emerges as Gen Z’s Voice: “We Asked for Change, Not Bullets”
