-Vijaya Chalise
The dream that Nepali people dreamt ever since 2007 B.S. has finally come true. The historic first meeting of the Constituent Assembly (CA) has turned Nepal into republic last Wednesday ending about four century old monarchial culture and 240 years of Shah rule through an overwhelming 560 votes against 4. People have welcomed the implementation of the republic agenda with great enthusiasms organizing rallies and celebrations throughout the country.
The historic verdict implemented by the first meeting of the CA has formally implemented the republican agenda declaring "Nepal a federal democratic republic and state power rested on the Nepalese people and as an independent, indivisible, sovereign secular and inclusive state". The historic meeting of the CA has automatically ended all the rights, facilities, status, titles given to the ex-king and his family according to prevalent law, traditions, customs, and culture declaring all constitutional provisions. Law and administrative system that contravene will now be void. Fifteen-days time have been given to vacate Narayan Hity Royal Palace instructing government to dissolve former king's personal secretariat and scrap all perks, allowances and facilities given to him and his family members. Now the heritage inside the Narayan Hity Palace would be preserved as national historic museum.
Earlier, after days of parleys, the political parties finally had come to an agreement to have constitutional president after the execution of republic agenda by the first meeting of the CA. The CA met at the International Convention Centre and 560 of the 601-members of the assembly voted for the agenda that turned Nepal into a federal democratic republic, to follow by the restructuring of the state as per recommendation of an expert's panel. CA will write a new constitution within the time frame of two years.
After the days of intense behind the scene negotiations, the top leaders of the three largest parties in the Constituent Assembly - CPN (Maoists), Nepali Congress and Unified Marxist Leninist –on Wednesday had finally agreed to provision for ceremonial president and executive prime minister following the declaration of the country as a republic through the first meeting of Constituent Assembly. In a meeting that resumed Tuesday morning at Prime Minister's official residence in Baluwatar, there was breakthrough in the protracted talks after CPN (Maoist) party, which is poised to lead the next government, finally relented and agreed to provision for a ceremonial president to serve as the country's Head-of-state. The discussions from Sunday dragged on till Wednesday evening after Nepali Congress and the UML differed Maoist's proposal of establishing either executive president or prime minister serving both as executive chief as well as officiating Head-of-State till new constitution is drafted. As Girija Prasad Koira has been taking both the responsibility of head of state and prime minister until now, Maoist's logic that there should not be a president to prevent state power from being divided between two-power centre was obviously reasonable. As said by UML general secretary Jhalnath Khanal, they finally agreed to the provision of the president who can exercise his powers to resolve any constitutional or political deadlock and fulfill other normal presidential responsibilities but all executive powers would be vested on the prime minister.
The constitution assembly and republic were the main points of 40-point demand that Maoist submitted in January 1996 to Sher Bahadur Deuba government. Maoist had launched people's war after the denial of their demand by Deuba government that ended in November 2061 after Maoist and the seven-party alliance signed a 12-point agreement to put up joint struggle against King Gyanendra's direct rule since February 1, 2005. The agreement had paved the way for the April movement in 2006 Movement that forced the Gyanendra to step down and had back power to the political parties.
After executing the republican agenda, the first meeting of the CA has obviously marked a big leap forward in the nation's political development, taking peace process further ahead. The task will be complete with the promulgation of a new constitution. Obviously, the elected CA, result of the people's struggle of almost six decades including Maoist's 10 years people's war, will make a new constitution capable to address aspirations of all the Nepalese people irrespective of their cast, creed, sex, ethnicity, or geographical location within the two year's time frame. Thus, the historic first meeting of the constitution Assembly (CA) has ushered the country into a new era of republic unanimously passing the motion of implementing republic tabled by Council of Ministers on last Wednesday. The newly elected members of Constitution Assembly have fulfilled their commitment of ending a 240 years old autocratic rule of the king from the country.
As requested, the largest party CPN-Maoist has presented a nine-point proposal for the formation of a post-election consensus government at the three-party meeting. It had proposed that the Prime Minister should be the officiating head of state till the drafting of new constitution. The party also proposed that the current constitutional provision of two-third majority for forming or dissolving a government must not be changed but an All-party high-level steering mechanism in the chairmanship of Girija Prasad Koirala with a special power as a political guardian until a new constitution is not drafted could be constituted to honor his contributions. The Prime Minister, proposal said, would act as head of state until the CA makes new constitution. For that reason, CPN-Maoist had proposed minor change in Interim Constitution deifying the demand of changing in two-third majority provision to unset the head of the government including power and ministerial portfolios be shared among the parties as per their strength in the CA.
The disapproval as regards to some major proposal, has delayed nomination of 26 members of CA and formation of post election new government. Even after the realisation that the new government should be formed in the leadership of largest party in the CA; some political leaders are defying the democratic norms to vacate the position. Even after a humiliating defeat in the CA election, challenging Maoist's moral authority to lead the government by those leaders whose atrocities had exceed the limit of violating human rights, killing children and nurses sitting inside their own home and disobeying all parliamentary norms as well is obviously paradoxical. Witnessing all these consequences Maoist chairman Prachanda's claim that efforts are being made to derail the past agreements after the election, be it the issue of army integration or be it the issue of government formation, could be understand. Obviously, the amendment in the constitution to introduce the simple-majority provision will create instability and could even complicate the constitution-making process. Four other major parties – Nepali Congress, CPN-UML, Madhesi Janadhikar Forum and Terai Madhesh Loktantrik Party are insisting to go for constitutional amendment.
(Vijaya Chalise is Editor-in-Chief of the Gorakhapatra)
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