Page 145 - 9 teachers social book 9 @ 2077 ctp_Neat

days. Lack of clarity in the constitution of the kingdom of Nepal 2047 Articles 127
brought about several constitutional complications and ultimately suspension of the
constitution. It dealt with the use of the power of the king. So then king Gyanendra
Shah tried to utilize all his power according to the constitution and made the people
dissatisfied and people’s mass movement II started:
Part 20 Article 127 power to Remove Difficulties: If any difficulty arises in
connection with the implementation of this constitution. His Majesty may issue
necessary orders to remove such difficulty and such orders shall be said before
parliament.

1. Amendable and Dynamic

Laws are changeable according to the situation of the country. They need to be
updated as per time, necessities and circumstance because no laws written once can
be applicable forever. Suitable and convenient things today may not be convenient
tomorrow. Therefore, timely amendment is required for future correction and
improvement is the good feature of constitution. For example, to address the genuine
demands of Madhesi people, the present constitution of Nepal 2072 has already been
th
amended the Article 42 and 286 on 9 Magh 2072, it is just within four months of its
promulgation. “We, the people”the first written constitution promulgated in the USA
has the best history of 230 years old constitution without any change, but it has been
amended for 33 times out of which 27 are ratified and remaining unratified remain
pending in some of the states by 2015 AD .

3. Universality
An ideal constitution, though short, includes all major provisions related to the
system of government, distribution of power, fundamental rights, etc. It must have a
widest possible coverage.

4. Separation of power

A French philosopher Montesque stated that, power should be duly separated
in order to prevent absolution. No matter how efficient the ruler is sooner or later
a person becomes a dictator and breaches the constitution if all powers are given
to them. So power is separated into legislative, executive and judiciary in an ideal
constitution and keeps these organs interdependent and self-restrained.

5. Independent Judiciary
An ideal constitution established judiciary as fully competent, impartial
independent and safeguard rule of law. If judiciary is dependent, there is influence of
power and politics on everything. This may create chaotic situation in all affairs of the
nation.

6. Provision of Fundamental Rights and Duties

A good constitution should respect public wish, Fundamental rights and duties
of people should be guaranteed by the constitution, so that citizens become aware of

145 Dynamic Social Studies - Book IX