Prime Minister Balendra (Balen) Shah’s decision to entrust his political advisor, Asim Shah, with the responsibility of preparing a discussion paper on constitutional amendment has come under question.
A Cabinet meeting held on Monday decided to form a task force under Shah's leadership to prepare the discussion paper.
Questions have been raised regarding the assignment of such a critical subject as constitutional amendment to an individual without a constitutional or legal background.
Advocate Deepak Raj Joshi questioned the government on the social media platform Facebook, asking, "On the basis of what qualification has Asim Shah received the responsibility to handle the Constitution, Government?"
Asim became a proportional representation (PR) lawmaker from the Rastriya Swatantra Party (RSP) in 2022. Before entering politics, he was a film director. He has directed films including Dui Rupaiyan and Karkash. The song Kutuma Kutu from his film Dui Rupaiya is popular on YouTube.
When Setopati attempted to speak with Asim regarding the responsibility he received and his qualifications, he responded that he "would not speak at this time."
The Constitution of Nepal envisions a review of the commissions mentioned in the Constitution every 10 years. When the Nepali Congress and the CPN-UML formed the government in 2024, they reached an understanding to review the strong and weak aspects as well as the complexities observed in the Constitution and to carry out necessary amendments and make corresponding laws for political stability.
In the manifesto issued during the election, the RSP said that it would move forward with a debate for constitutional amendment. The RSP has been advocating for a change in the constitutional governance structure in favor of a directly elected executive prime minister.
An RSP office-bearer who spoke with Setopati said that it would have been appropriate for the government to discuss a matter like constitutional amendment in a secretariat meeting before making a decision.
"The matter of preparing a discussion paper on constitutional amendment is a subject included in the party’s manifesto. It would have been appropriate to discuss in the party what kind of task force should be formed, under whose leadership, and what subjects should be included in the discussion paper," the official said. "However, even on such matters, we are informed only after the decision has been made."
However, an RSP lawmaker close to Prime Minister Balen Shah commented that Asim was suitable for the leadership of the constitutional amendment task force.
"He has previously worked as a member of the constitution reform task force formed by the Rastriya Swatantra Party under the leadership of Santosh Pariyar," the lawmaker said on condition of anonymity. "He also has experience talking with political parties while sitting on parliamentary committees."
Santosh Pariyar, currently a leader of the Pragatisheel Loktrantrik Party and a former lawmaker, says that Asim Shah possesses a "political nature."
"His nexus is wide," Pariyar said. "When he was a lawmaker, he used to engage in inter-party dialogue. At that time, the RSP had formed an inclusive group to discuss the subject of constitutional amendment. However, we did not get to hold much discussion in the task force."
The lawmaker close to Prime Minister Shah claimed that Asim would justify the responsibility through his work.
"Questions were also raised about the appointment of Home Minister Sudan Gurung. But just as Sudan is showing results to the people, Asim’s leadership will also be known in the same way," the lawmaker said.
The lawmaker said that Prime Minister Shah had a discussion with Asim before giving him the responsibility.
"Now, the task force will determine its scope of work by sitting with the secretary overseeing law at the Prime Minister’s Office," the lawmaker said. "After that, it will send letters to parties. It will hold discussions with experts and academics and prepare the discussion paper."
According to the lawmaker, raising questions is not justified because the task force itself will not amend the Constitution.
"The Constitution will not be amended based on the wishes of the RSP or the prime minister," the lawmaker said. "The discussion paper will be prepared focusing on the electoral system and the strengthening of federalism. Then, discussions will take place everywhere. Constitutional amendment is not something to be imposed; work will be done by understanding the everyone’s sentiments."
Advocate Anupam Bhattarai has questioned whether "advisors or lawmakers" from other parties will be members of the task force chaired by the prime minister's political advisor.
"Who made the Constitution?" Bhattarai wrote. "Is amendment to be done if one feels like it, or is it a necessity?"
Citing the Indian case of Kesavananda Bharati v. State of Kerala, he said that based on the interpretation made there, this does not seem right.
"Even the interpretation of the Kesavananda Bharati versus State of Kerala case makes me feel this isn’t right! If it is a rubber stamp, then I have nothing to say," he said.
In the case mentioned by Bhattarai, a bench of 13 judges in India interpreted that although Parliament can amend the Constitution, it must not destroy the basic structure of the Constitution. It stated that amendments should not be made against the supremacy of the constitution, the rule of law, the principle of separation of powers, legal review, secularism, federalism, and the protection of fundamental rights.
