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| The Birendra International Convention Center at Baneshwor, Kathmandu which houses the Constituent Assembly of Nepal. |
After the first version of the Constituent Assembly was doomed due to
a number of factors, the second Constituent Assembly of Nepal has
formally begun today. Although the strengths have shifted to the
traditionally established political parties, the issues of the people
remain the same.
On a closer analysis of a few key
matters, we realize that the promulgation of the Constitution within one
year as promised by the political parties is not as easy as it may
seem.
First, the issue of Federalism has not been
properly studied.
While it is true that the Nepalese want a united
Nepal, the emergence of ethnic and regional politics reminds us that the
majority of the people also crave for a respect for their cultural and
regional identities. Thus, the major issue of the second constituent
assembly will be to study and sort out a historically and economically
pragmatic solution to the issue of restructuring of the state.
Second,
the issue of the sharing of power.
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| Sharing of Power in the new Constitution can be even messier than this given the conflicts of interests. |
While it is unlikely that there not
be a separation of the Executive, Legislative and Judiciary given the
success of the West Minister stylized parties in the new elections;
there is still a need to sort out the perfect form of the Executive and
Legislative Leadership. The much floated and once agreed French Model
will now find it difficult to be endorsed given the tendencies of the
victorious parties towards the idea of a Ceremonial President as the
Head of the State and the Primeminister as the head of everyday affairs
of the state. Still whether the prime-minister should be elected
directly or from the house will be an interesting question. The
Shihanouk King or the reestablishment of Monarchy is not practically
possible despite the theoretical resurrection of monarchical
sympathizers.
Third, the issue of egoistic pride and
resulting procrastination.
Drafting constitution in one year requires
work at a reasonable pace and hindrances posed by the power games are
sure to mar the smooth working of the Assembly. While two months were
required just to begin the first meeting, it has to be taken in mind
that the Assembly is just not complete yet. The handful of seats that
are to be nominated are sure to bring a lot of division amongst the
various parties and inside the individual parties themselves only to
slow down even the starting of the real discussion towards really
writing the clauses of the future constitution. And then when the
Assembly is complete it is again obvious that the main agenda will be
the formation of the Government and not constitution writing.
Fourth, the issue of Sovereignty.
While
officially we declare ourselves to be sovereign, our parties are
officially guided by interests not only
limited to we the people but also according to interests of individual
regional powers and our neighbours. The ambitions of India and China
have been influential in how the political parties behave, and given our
strategic Geopolitical location the interests of the Western Powers are
not negligible. So, without regular public awareness and pressure, to
plainly believe that our parties will draft according to our interests
is too naaive.
Since the Constitution is supposed to be a all encompassing document for a
considerable period of time, a consensus between the political forces on
major issues is necessary. Equally important is the presence of
persistent positive public pressure so that the constitution that we
draft is not only suitable to the present needs of our people but also
sustainable.
