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A Democratic Rule of Game
Days are numbered for the present Constitution of the Kingdom of Nepal 1990, which was written under a mandate given by popular movement
By KESHAB POUDEL
As the process of writing the interim constitution is in final stage, the days are numbered for the present Constitution of the Kingdom of Nepal 1990 - which was treated worse than the Constitution of 1962, the constitution of Panchayat regime by all its stakeholders.
From communists to congress, all the people claimed the 1990 Constitution as the best constitution of the world. Some political leaders even termed the constitution as a document written by blood of martyrs in initial days. All these euphoria seem to have evaporated. Two cabinet ministers Dr. Devendra Raj Pandey and Dr. Mathura Prasad Shrestha who finalized the present constitution - are now leading the civil society agitation with a demand to scrap it.
Daman Nath Dhungana, another member of drafting committee, who was also elected as the Speaker of first House of Representatives, has shifted his loyalty to new constitution many years back.
Similarly, two powerful members of the committee representing CPN-UML have already declared the constitution dead. Finally, the chairman of interim constitution drafting committee Laxman Aryal, who was one of the members of drafting committee of 1990 constitution - is now finally preparing the ground for buying the document.
After the declaration of multi-party democracy in 1990, the constitution of Panchayat regime remained valid as an interim one till a new constitution was announced. The first multi-party government of 1990 was constituted under the special provision of the same constitution.
Unfortunately, the constitution of Kingdom of Nepal 1990 is in the process of burial and there is no one left to say a few last words about it. It seems that the constitution was not drafted by them but imposed by someone else.
“For the Loktantra, the constitution of Kingdom of Nepal 1990 is incomplete,” said CPN-UML leader and member of drafting committee of constitution Bharat Mohan Adhikary. “Only the constitution framed by Constituent Assembly will be legitimate.”
Although more than 70 people sacrificed their life and hundreds of others injured in agitation called to formulate the Constitution of the Kingdom of Nepal 1990, there is no one left to shed a single drop of tear over its coming demise.
“The Constitution of Kingdom of Nepal 1990 carried high expectations of the people. It had some irreversible basic elements such as multi party democracy, constitutional monarchy, safeguard of national interest. Belief was generated in the mind of the people that the constitution with its basic structure will last for ages to come like the stable constitutions of the world,” a political analyst said, adding, “The constitution was functioning without any amendment one after another during three successive parliaments. When the elections was indefinitely postponed and a vacuum was created, which brought out several undesirable evil practices to work after October 2002, the constitution came under attack. There was nothing wrong with constitution - wrong was with the politicians who used and misused the constitution during the absence of parliament.”
The last effort to activate the constitution and replace it with the new constitution formulated by Constituent Assembly was made but it failed to rescue the constitution. Till the election is held for House of Representatives, its revival was widely supported and pressed for. Ultimately, the HoR was revived by a very unpleasant confrontation between national forces.
“According to the Constitution of Kingdom of Nepal 1990, no political ideology and institution has a chance to monopolize power at its disposal. The institution of monarchy was already a figure head. The first term of parliament had secured the role of King as just ceremonial. Conflicts crept into the political process after the faulty interpretation of 1996 in second dissolution, which perverted political process into a stable parliament and unstable prime ministers. Later on, this also was corrected by the late decision of Supreme Court. Had the elections been held after that, there was a real likelihood of constitutional monarchy being stabilized. All these are facts of history now and the present constitution is going to be scrapped out in haste by an interim constitution,” said the analyst.
“The constitution which is in the mind of populist leaders may hardly come into existence. Any written document will be imperfect in real practice of the nation. The constitution grows out of dynamic interpretations, correct practices and healthy conventions. Those things have been completely ignored in the past. If the past is any guide, all new constitutions will sooner or later meet the same fate and same history- which has done away with last five constitutions,” said the analyst.
“ Nepal has been turned into a laboratory of testing constitutional practices one after another instead of improving what it has. All these things have to be kept in mind to prepare the mood of the nation to accept a constitution finally and live with that for ages to come through periodical reviews and amendments.”
The game of destroying the constitution one after another has to be stopped and Nepal ’s other serious problems should be solved.
“We will produce a constitution which will punish those who want to turn the clock back. The interim constitution will be guiding documents for the future of Nepal ,” said chairman of Interim Constitution Drafting Committee Laxman Prasad Aryal.
“Cacophony in the streets of Kathmandu by upper class elites in whatever manner must not mislead the final decision makers of the constitution. Persons who have been ganged to propose a draft of the constitution are all from Kathmandu based professionals and retired civil servants. They can hardly sense the opinion of the whole nation. They seem to be carried away by the slogans shouted in the streets of Kathmandu ,” said the analyst. “Persons who have lost contact with the people due to the Maoist insurgency have been revived to their role as lawmakers. But they now in no way reflect the latest mood of nation. So, all these interim arrangement should remain confined to the immediate task instead of changing the share of the governance and destroying the basic structures of present constitution.”
All those question related with basic structure of constitution should be taken to the people during the elections of the Constituent assembly and that CA can alone be proper and legitimate body to deal with such basic issues.
In the last few days almost all political parties have submitted their suggestions to the drafting committee. Smaller the parties more populist and unrealistic they are in their suggestions. Unexpectedly, as the largest party the Nepali Congress, to a great extent, was realistic in its approach though it also has populist elements in its suggestions. Perhaps, this party alone has suggested living basic elements of the constitution to be decided by the CA elections.
“In fact, the society in not homogenous even in the Marxist terminology and it is full of contradiction. A democratic constitution needs to accommodate all the forces who represent one or the other interesting contradictions. Prime minister Girija Prasad Koirala has rightly said that in a future political set up all the forces in contradiction from the King to the Maoists activists have to be accommodated in a democratic rule of game. City-centered upper class elites under the elusive banner of civil society are trying to confuse the constitutional debate through their instruments of sponsored propaganda,” added the analyst.
“The people are supreme power and nobody can challenge their verdict. They have already given their verdict through Janandolan II that Nepal will be Loktantrik Gantantra (democratic republic). There is no place for those who speak against this spirit,” said Pahadi. “We will not allow people to campaign in favor of monarchy in any form.”
Although some of the demands of civil society pressing for the election date are genuine, some of their demands seem to be backed by fragmented society. “In fact they are the product of the past regimented political culture of Panchayat system who don’t have patience and tolerance for debate and dialogue,” said the analyst.
As the country is in the process of constitution making, it must be written to accommodate all pluralistic political view.
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