A senior leftist political commentator has said that given the “seminal elements and values” inscribed in the Constitution of 1990, it will continue to guide all future constitutions that will be promulgated in the country.

Nilambar Acharya, who was also the law minister during the interim government of 1990 that promulgated the present constitution, said, “The 1990 Constitution was the first constitution of Nepal that was based on the principles of constitutionalism. It integrated Nepal with the modern world.”

Addressing a talk program organized by Constitutional Lawyers’ Forum (CLAF), on Thursday, to discuss the contributions of 1990 Constitution, Acharya reminded all political forces and civil society to “remember the history if they want to build prosperous future.” He regretted the government’s decision to cancel the official observance of Kartik 23 (November 9) as Constitution Day.

On the day that was widely considered as the last anniversary of the current constitution, Shambhu Thapa, president of Nepal Bar Association (NBA), termed the 1990 constitution as “extra-ordinary.”

“This constitution stands on lofty ideals. Its values about separation of power, constitutionalism and independent judiciary are so great that when we were in the interim constitution drafting committee, we had to include many of its ideals and sentences in the draft of interim statute,” said Thapa, who was also a member of the interim constitution drafting committee. He added that if the 1990 constitution had been a little more flexible on amendment issues, there might not have been the need to go for a new one.

On the other hand, Yubaraj Sangraula, lawyer and principal of Kathmandu School of Law, said the 1990 Constitution failed to guarantee social and economic rights to the people and committed an error in determining monarchy as the symbol of unity.

Dr. Surya Dhungel, a constitutional expert, added that constitutions are generally formed to accommodate political aspirations of the day. He rejected notions that the constitution invited conflict in the country. He stressed to develop the culture of respecting rule of law. “Otherwise, we will be preparing a generation who will not be law-abiding,” he said.

Cautioning about the future, Prof. Yash Pal Ghai, professor of Public Law, Hong Kong University, said that a lot of attention must be paid to ensure participation and inclusion when writing the new constitution.

At the same program, executive member of CLAF advocate Lalit Bahadur Basnet said Nepal has become a laboratory for writing new constitutions as it had seen five constitutions in last six decades.