Tag Archives: Constituent Assembly

Constituent Assembly Gives itself Another Three Months

For the record: The Legislature-parliament (which is the non-constituent making part of the Constituent Assembly that also works as parliament) today extended the term of the CA by another three months. This extension comes a day after Maoist leader Baburam Bhattarai was elected the 35th Prime Minister of Nepal. But these two developments are unrelated. The proposal to extend the CA was tabled by the Jhalanath Khanal-led cabinet that was replaced today by Baburam’s two member cabinet. In fact, the newly elected Prime Minister, and his Maoist party, wanted the CA to be for six months. The current CA term was due till This is the third extension of the CA that was originally elected for two years in May 2008. It was extended for a year in 2010 and for another three months in May 28. The term was extended by amending the Interim Constitution by a two-thirds majority. 541 members of the CA were present for the voting. 537 voted for the amendment proposal, 4 against it.

Read about earlier extension which was more “entertaining!”: Constituent Assembly term extended for three months

Constituent Assembly term extended for three months

Members of constituent assembly sleeping inside the CA building

This is how the CA members spent the long night in the Constituent Assembly building...as the meeting got extended...by several hours in the night. click on the pic to enlarge it

By Phanindra Dahal

After hectic parleys late into Saturday night and wee hours of Sunday (today), the political parties struck a five-point deal, paving the way for a three-month extension of the Constituent Assembly.

According to the pact signed by top three leaders of the three major parties: 

1) the Constituent Assembly term will be extended by three months;
2) fundamentals of the peace process will be readied within three months;
3) the first draft of the new constitution will be prepared within three months;
4) the Prime Minister will quit to pave the way for formation of a national consensus government; and
5) the Nepal Army will be developed as an inclusive institution by implementing the past agreements signed with Madhesi Morcha.

However, it wasn’t clear when the Prime Minister’s resignation would come.

Earlier before the signing of the agreement, Samyukta Loktantrik Madhesi Morcha (SLMM) kept harping on PM Khanal’s immediate resignation. Continue reading

Constituent Assembly: The Day the Deadline Expires

congress vs maoist. game of talks

As the clock ticks down to the expiry of Constituent Assembly (CA) term, the political parties have intensified internal and cross-party talks from early Saturday. The political parties are holding intense negotiations to forge an agreement for the extension of the CA term.

The Legislature-Parliament slated for 8 am in the morning convened at 11:12 at night.

Updates via eKantipur:

01:30 Sunday: A meeting between the major three parties and the SLMM begins.

00:52: The Legislature-Parliament session, which was supposed to resume at 00:00 am, has not been started yet.

11:49: The major three parties have finally clinched the agreement to extend the CA term.

11:45: The session of the Legislature-Parliament has been put off till 12:00 am.

11:43: Law Minister Prabhu Sah has tabled the government’s bill to amend the government’s bill to amend the Interim Constitution.

RPP-N Parliamentary Party leader Chandra Bahadur Gurung has delivered his speech regarding the party’s protest proposal against the bill registered by the governmet to extend the CA term. The proposal has been disapproved by majority. Continue reading

The last day of Constituent Assembly [...if not extended]

As seen outside the Constituent Assembly complex in New Baneshwor, Kathmandu today. The CA’s term will expire today (midnight) if it is not extended. There are have been signs that it could be extended for a few months. (five pics)

image

Monkey act?: Four ‘restive’ legs and several ‘resting’ leaves

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Constituent Assembly Has Made Substantial Progress in Constitution Writing

Despite all the chaos and apparent differences of positions/opinions/ideologies of political parties, they have made significant progress in drafting a new constitution. If one looks at the debates that have occurred in the CA over the past year and a half, it is clear that although differences between parties have persisted, there have also been major attempts to discuss issues and attempts to find adequate methods to address them.

There is a tendency in Nepali society that views the proceedings in the Constituent Assembly (CA) with great negativity and foreboding. The differences between the parties on important issues regarding the constitution go so deep, this line of analysis goes, that finding compromise is impossible. Those who believe this never expected the CA process to move as far as it has: to the stage where all 11 thematic committees have submitted their concept papers, they have been discussed and the next task is for the Constitutional Committee (CC) to write a complete draft of the constitution in the next month. Even now, the nay-sayers continue to disparage the process, emphasising the incomplete nature of the concept papers and the major differences between parties that yet remain to be resolved.

This reading is based on the premise that there is broadly one main fault line in the CA: between the Maoists and the ethnic/regional parties on the one side and the Nepali Congress and the CPN-UML on the other. This chasm between the two sides is so deep, it is thought, that bridging it is impossible. This is, however, a misreading of the situation. If one looks at the debates that have occurred in the CA over the past year and a half, it is clear that although differences between parties have persisted, there have also been major attempts to discuss issues and attempts to find adequate methods to address them. In many of these cases, in fact, there is agreement on the nature of the problems of Nepali state and society. The differences between parties are only regarding how to resolve them. Continue reading

The Nepali Constitutional Dilemma

With the lapse of time, whether the history of ruling monarch will repeat in changed form? This fear hangs over the mind of common people, as the present Constitutional developments are not so encouraging.

suryabahadur singhBy Suryabahadur Singh

The constitutional evolutionary phases were continuously witnessed throughout the development process in Nepal.   The post second Jan-andolan,2062 (2005) period has provided ample opportunities for stabilizing and institutionalizing the institutional democracy, peace and constitutional reforms.  The formation of Constituent Assembly has raised the common man’s hope of period getting a constitutional solution forever.  The Nepalese masses have not forgotten that, the Constituent assembly was a mere declaration by the King Mahendra in 2007(1950) and the successive constitutions were formed by the related Constitution drafting committees.  At that time, the constitutional experts were hand picked, the rigidity, abstract law, limited constitutional resources, least judicial developments and impact of ruling monarch were major hurdles in the way of making appropriate Nepali constitution.   Along with this,  soaring socio-economic problems has obstructed a lot for experimenting with past six constitutions having colors, flavor and  impact of  then existing time. Continue reading

Nepali Constitution: In search of Excellence

By Prof. Suryabahadur Singh*

The experimentation of various types of Constitutions was carried out in Nepal. The country had to experience six more Constitutions until elections to Constituent Assembly, 2065 (2008) were held. It had been observed that, these procedural delay jeopardized the growth of democratic system to a greater extent and derail overall national development in the absence of stable constitution of Nepal.

First Constituent Assembly of Nepal

The King Mahendra, while promulgating ‘the Interim Government of Nepal Act, 2007 (1951), had emphasized upon, framing the Constitution by duly elected Constituent Assembly. During this stage, the King had desired to have Constitution drafted through a duly elected Constituent Assembly. At that time, the formation of first Constitutional Assembly was dithered due to political turmoil, lack of time, urgent need for constitution and unstable administration. This lags the constitutional development of Nepal in search of suitable constitutional model.

Continue reading

News from CA: The Meeting Resumes

The legislative session of the Constituent Assembly (CA) resumed today at the International Convention Centre in New Baneshwor, Kathmandu, after being interrupted for 12 days following obstructions caused by Madhes-based regional parties demanding constitutional guarantee of an “autonomous Madhes state” and “mass Nepal Army recruitment of Madhesi people”. The CA meeting began its regular business after the disgruntled Madhes-based parties decided to let the CA proceedings move on although they expressed reservations over the newly prepared fifth amendment bill to the interim constitution. Continue reading

Historic Session of Constituent Assembly Begins in Nepal

Now (23:32), K B Gurung convenes another meeting of the CA tomorrow at 11 AM. The first meeting is over.

Now (23:25), K B Gurung declares the proposal passed. He also tables a proposal to direct the government to remove the former king and his secretariat withing 15 days. This proposal is passed by the majority of voice vote.

Now (23:23), The result. Total present 564. For YES 560. For NO 4.

Now (23:20), Prakash Chandra Lohani of RPP is speaking. Republic is not the destination, it is the means. Destination is the preserving of the national integrity, sovereignty, rejection of any type of dictatorship, democratic norms, liberating Nepalis from poverty.

Now (23:18), Chitra Bahadur KC is speaking. He says his party Rastriya Janamorcha differs with the federal provision that is stated in the proposal.

Now (23:15), KB Gurung says the time is finished. Some members hoot.

Now (23:10), Chandra Bdr Gurung of RPP Nepal, the same man who started raising objections from the beginning, is now speaking after the permission from KB Gurung. He says the country has entered into the gate of change. The beauty of democracy is that it lets people put note of dissent. RPP Nepal want to register a note of dissent, he says. He says our view will be ineffective as the remote control culture is being propagated instead of listening to one’s own voice. He is also praising the monarchy saying it defended Nepali nationalism.

Now (23:10), KB Gurung, the chair of the Assembly, is declaring the result. IT’S FOR YES. FOR NO.

Now (23:09), no one is seen trying to correct their vote. KB Gurung orders to open the gates. KB Gurung gives two minutes time to Prateebha Rana to put her views. She is from RPP. Her daughter Arjoo Rana Deuba is a member of CA from Nepali Congress. Prateebha says she wants to say something regarding Nepal being declared the secularism.

Now (23:06), KB Gurung gives three minutes to those who want to correct their votes. It seems no one is willing to correct.

Now (22:48), Sagarmatha TV is showing a footage in which UML member of the CA Kamala Sharma Poudel is trying to attack NC member Purna Bahadur Khadka with her sandal. Ram Chandra Poudel and others are seen trying to prevent her from attacking. Kamala is the wife of the slain UML candidate of Surkhet Rishi Prasad Sharma. Kamala thinks, the channel says, Purna Bahadur Khadka is behind the killing just days before the voting in April 10. UML put forward the candidacy of Kamala at the place of her killed husband and she won the election. Now TVs are showing senior leaders of NC and UML talking about the issue. Jhalanath Khanal, UML general secretary, is seen talking with NC leaders. Other members are curiously looking.

Now (22:45), the PM, who is about 84-year-old, leaves for his official residence.

Now (22:43), the votes are being counted. It appears that there are no NO votes against the five-point proposal to declare Nepal a republic.

[Meanwhile, TV stations are reporting that the government has given tomorrow and the day after tomorrow public holidays to celebrate the declaration of republic. Five out of 26 remaining members of the CA have been nominated, reported a TV station.]

Now (22:15), Basantapur (Kathmandu Durbar Square) is decorated by the people to celebrate the declaration of republic. People there are eagerly awaiting the result of the vote.

Now (22:12), Prachanda is back to his seat after voting. He is greeting other members who are passing by from his seat.

Now (22:09), the members of the CA are now voting.

Now (22:05), almost all members are going towards the gate that is assigned for those who are FOR the proposal. Prachanda of the Maoist is leading this line, Jhalanath Khanal of the UML is just behind him. As per the constitution, only a simple majority of the 601-member CA is needed for the proposal to be passed.

Now (22:02), KB Gurung formally tables the proposal for the decision. He tells the members of CA how to vote and explains them the procedures.

Now (21:56), the belling is ringing for the voting. The bell will ring for five minutes.

Now (21:54), as KB Gurugn is explaining the voting procedure, the same RPP Nepal member raises objection saying that the parties should be given chance to have debate on the proposal. KB Gurung said he will be given such chance after the voting.

Now (21:53), the Proposal is presented for decision.

Now (21:52), Home Minister is tabling the proposal related to the implementation of the republic.

Now (21:50), Hridayesh Tripathi of Terai Madhes Loktantrik Party is raising some objections.

Now (21:48), the proposal asks the Nepalis all over the world to celebrate republic day on Jestha 15 every year.

Now (21:47), the proposal says the benifits, privileges that are given to the former king which are more than what the general Nepali citizen get will automatically be stopped.

Now (21:46), the proposal says Nepal has been turned into a federal democratic republic.

Now (21:44), Home Minister Sitaula is tabling the republican related proposal on behalf of the PM. He says the proposal is the result of the meeting of the political parties.

Now (21:42), KB Gurung presents the proposal for the CA assembly procedure. Now the voice voting, YES is loude. The same RPP N member is trying to intervene the meeting. There is no NO. The proposal is passed unanimously.

Now (21:40), KB Gurung is reading out a letter sent by the speaker of the Indian parliament Som Nath Chattarjee.

Now (21:38), the PM says its our responsibility to implement all the agreements that we reached earlier. I have already invited the Maoist to form the government.

Now (21:35), the PM says all sorts of violence must be stopped from now.

Now (21:34),, the PM says the sovereign right of people will never be compromised, it will be strengthened.

Now (21:31), The PM asks minister Ram Chandra Poudel to read the PM’s speech on behalf of him. Poudel starts reading.

Now (21:29), the PM says “we have entered in a new era” and because “we maintained mutual trust, unity and consensus” which “we must maintain in the days ahead. This is the biggest weapon to solve the problem. We have gathered here to solve the problem today. Today is the day when my dream has been fulfilled. Today is the day when the dream of the country has fulfilled.”

Now (21:26), the PM is addressing the assembly. This is an opportunity to change an era. I am happy to welcome you here on this occasion. A day comes once in an era. This day is today.

Now (21:24 ), the chairman gives permission to the Prime Minister to address the CA meeting.

Now (21:22), the assembly is observing a two minute silence for the respect of the martyrs.

(21:19 hours) The first meeting of the CA has begun. As soon as the meeting began (with the announcement of the Chair of the assembly KB Gurung, the oldest member of the assembly, a member of the assembly from RPP Nepal, a pro-king party, tried to raise objection regarding “procedural mistake”.

Aftermath of Nepal’s CA: By Hook or Crook

By The Conflict Study Center
[More credit at the end]

The unexpected results of historic Constituent Assembly (CA) elections have invigorated the CPN (Maoist), now the largest political party, on the one hand, and have enervated the former power holders, the NC in particular. Moreover, the results gave a mandate for transformation of the government from conformist-cum-centrist bourgeois democracy to socio-cultural democracy. Nepal has set a noble example of inclusion in terms of ethnicity, clan, gender, cultural and regional identities but excluding class. A full one-third (33%) of seats, between the first-past-the-post (FPTP) and the party’s close list proportional representation (PR), are held by women. Similarly, 34 percent belongs to Madhesi representatives, 33 percent to Janajatis, 8 to Dalits and34 percent to others out of 575 representatives. The ongoing discussion of the major political parties shall nominate 26 representatives from various walks of life – civil society, ethnicity, regional and cultural groups. Although the former insurgent CPN (Maoist) emerged as the largest party in the CA elections, it will be faced by a number of challenges: Continue reading