On November 13, 2024, the workshop exploring the status and varied dimensions of proportional Inclusion under Article 42(1) of the Constitution of Nepal was organised by Niti. This workshop aimed to foster understanding and dialogue among constitutional scholars, policymakers, social scientists, and human rights advocates on the significance, implementation, and impact of Article 42(1), which enshrines marginalized and disadvantaged communities the right to participate in the bodies of the State based on the principle of proportional inclusion.
In addition to facilitating discussions around the practical and legal aspects of proportional inclusion, the workshop provided insights into advancing inclusive governance frameworks in alignment with Nepal’s constitutional provisions as well as evolving dynamics of this fundamental right.
The following nine questions formed the core agenda of this discussion: –
1. What are the importances of Article 42(1) or the principle of proportional inclusion in empowering the Constitution and strengthening constitutionalism, particularly regarding the right to participate in state bodies (the right to proportional inclusion) and its implementation?
2. How has the limited or minimal application of Article 42(1) impacted democratic values and the exercise of fundamental rights?
3. How should the theoretical and practical aspects of Article 42(1) be viewed?
4. How is the practice of Article 42(1) being carried out, and how can this provision be effectively implemented?
5. How can the issues of groups not represented in state bodies based on the principle of proportional inclusion be connected to Article 42(1)?
6. What aspects need to be considered when implementing Article 42(1) through policies and laws?
7. What role do constitution-makers, constitutional commission officials, constitutional experts, sociologists, politicians, and human rights activists play in implementing Article 42(1)?
8. How can the work and activities of the Parliament, government, and constitutional commissions be facilitated through the use of Article 42(1)?
9. What dimensions might emerge when categorizing groups based on Article 42(1) into identity-based and need-based groups?
