Nepali Congress Amends Constitution, Introduces 9 New Provisions

Kathmandu. The special general convention of the Nepali Congress held at the end of Poush last year has changed the party's constitution. The Congress, which also changed the party leadership through the constitution general convention, has made 9 new provisions in the constitution.

By amending the 'Nepali Congress Constitution 2017' for the 11th time, Congress has made 9 new provisions. Provisions such as the 'Gen Z' movement held on Bhadra 23 and 24, 2082, primary elections for selecting party candidates, 'lateral entry' for party membership, party leadership academy, and the ability to recall elected representatives have been included in the constitution.

The 95-page constitution with 72 articles has been approved by the Election Commission. The new provisions in the constitution are as follows.  

1. Addressing the 'Gen Z' Rebellion

Congress has embraced the Gen Z rebellion of Bhadra 23 and 24, 2082, in the preamble of its constitution. Congress has declared through the constitutional amendment that it will make the spirit of good governance, a corruption-free structure, and youth representation its guiding principles. 'Keeping in mind the spirit of good governance, a corruption-free state structure, youth representation, and change manifested in the call of Nepal's youth on Bhadra 23 and 24, 2082,' Congress has added to the preamble while amending the constitution.

2. Provision for Primary Elections

To make the candidate selection process fully democratic, Congress has made a provision for 'primary elections' in its constitution. The provision for primary elections is included in Article 32 of the amended constitution. The amended constitution states, 'For the selection of candidates for ward chairpersons and members of rural and municipal wards, recommendations must be made by a gathering (primary) of active members of the respective ward.'

Candidates for provincial and federal parliaments will also be selected through primary gatherings of regional representatives, as stipulated in the constitution.

3. Provision for 'Lateral Entry' into the Party

Congress has made a provision for 'lateral entry' into the party through its constitution. By adding Article 4(a) to the constitution, Congress has made a provision to bring experts from outside the party who have made significant contributions in their professions, businesses, or subject areas directly into party responsibilities by granting them active membership.

This provision includes sub-sections (a) and (b). Article 4(a), titled 'Special Entry (Lateral Entry),' states, 'Individuals who have gained special experience or made contributions in various professional or subject areas and employment, or who have worked in a subject area abroad, can be provided membership and responsibilities through special entry based on the evaluation of their contributions in the relevant field.' Similarly, sub-section (b) states, 'Criteria and other arrangements related to special entry will be as specified.'

4. Congress Leadership Academy

Congress has made a provision to establish a 'Congress Leadership Academy' to train party workers and elected representatives. This provision is included in Article 32, sub-section 11 of the constitution. The provision in the constitution states that individuals wishing to become candidates in elections must compulsorily attend classes on public policy three months before the election. The amendment includes a provision that individuals who do not complete the classes may not be eligible as candidates.

• Provision Regarding Leadership Academy

Congress Leadership Academy

(a) The party will have a Congress Leadership Academy under the Central Policy Research and Training Institute to conduct classes and other related activities for internal and public leadership development, including preparing a specific curriculum.

(1) To train party members on the Nepali Congress, its history, ideals, ideology, goals, as well as the party's economic, development, and social policies after obtaining party membership.

(2) To provide refresher training on party policies, programs, priorities, and updated policy matters to active and renewing party members.

(3) To provide further training to local, provincial, and federal representatives elected from the party.

(4) To conduct classes for individuals aspiring to become representatives from the party or seeking executive roles in local, provincial, and federal governments, to develop basic and subject-specific knowledge, skills, and leadership relevant to those responsibilities, by preparing a curriculum.

(b) Individuals wishing to enter public service must compulsorily attend Public Policy classes three months prior to the election.

(c) The selection of party candidates will be linked to whether the required classes have been completed through the Congress Leadership Academy.

(d) Other arrangements related to the Congress Leadership Academy will be as specified.

5. Provision to Recall Candidates

Congress has also amended its constitution to include a powerful provision allowing the party to recall elected representatives at any level if they act against the party's constitution and interests or if their performance is unsatisfactory. This provision is included in Article 32, sub-section 10 of the constitution. This sub-section states, 'Primarily, the level of the candidate will have the right to select the candidate. If a representative elected from the party acts against the prevailing laws, party constitution, and interests, fails to fulfill their responsibilities, or if their performance is unsatisfactory, the party can recall them. The procedures and criteria for candidate selection and recall will be as specified.'

6. Congress Identity Card and Membership Update

To systematize the membership system, the constitution includes a provision for distributing new 'Congress Identity Cards' to all members. A special provision has also been made in the constitution to update the records of all old members in an electronic system by having them fill out forms again, once. This provision is in Article 4, sub-section 14 of the constitution. The provision made in three points under the title 'Special Provision Regarding Party Membership' is as follows:

(a) Notwithstanding anything else in this constitution, after this sub-section comes into effect, to streamline membership distribution and management, the Central Working Committee may, by special decision once after the special general convention, require all members affiliated with the party to fill out the active membership form again and update the membership records. After the membership is updated in this manner, Congress identity cards will be issued to the members who remain.

(b) For the purpose of updating as per clause (a), the procedures, criteria, and time limit for party membership distribution will be as specified.

(c) Active membership of members who do not update within the time limit specified by the Central Working Committee will not remain valid.  

7. 15% Mandatory Quota for Youth Aged 18-30

Through the constitutional amendment, a minimum representation of 15 percent for youth in the age group of 18 to 30 years has been made mandatory in all levels, from ward committees to district committees. This provision is in Article 67. If this number is not met through elections, the president is compelled to nominate from this age group to fulfill the quota.

The article states, 'If the representation of members in the age group of eighteen to thirty years is less than fifteen percent in party committees at all levels from ward committees to district committees, the president of the respective level must ensure at least fifteen percent representation from this age group when nominating members to the committee in accordance with this constitution.'

8. Candidate's Asset Details and Declaration

The constitution includes a provision that any person who is a candidate at any level from the party must compulsorily submit their asset details and a prescribed declaration form to the party headquarters before registering their nomination. This provision is in Article 33, sub-section 5. This sub-section states, 'An active member who is a candidate from the party at any level must submit their asset details and the prescribed declaration form to the center through the level recommending the candidate before filing the nomination.'  

9. Levy Provision

Congress has also added a provision in its constitution requiring party officials, members, and active members to compulsorily pay a 'levy.' Congress has also amended the constitution to stipulate that those who do not pay the levy will not have their active membership renewed and will not be eligible to be candidates in any level of election. Article 69 states, 'Active members of the party, officials and members at various levels and responsibilities must compulsorily pay the prescribed support amount (levy) to the prescribed party body. The distribution of the support amount (levy) received will be as specified at various levels.'

The active membership of individuals who do not pay the prescribed support amount (levy) will not be renewed. Furthermore, they will not be eligible to be candidates in local, provincial, and federal parliamentary elections, and party general conventions, Mahasamiti meetings, and other level elections.