CJ-led Government-44

CJ-led Government-44: Are They Going To Craft A New Constitution?

Siddhi B Ranjitkar

Absolutely, members of the newly elected constituent assembly (CA) would craft a new constitution but the question was when and how long they would take to promulgate a new constitution. During the election campaign, every political leader had promised to promulgate a new constitution within a year. Some other even went further stating they would do it within six months. After the completion of the elections to a new CA, leaders spent weeks and weeks on celebrating the election victory. Intoxicated by the election victory, political leaders had focused their idea on how to run the administration for four years placing the crafting of a new constitution on the back burner. On Sunday, February 9, 2014 after almost three months from the day of the elections to a new CA, NC and CPN-UML reached a seven-point agreement paving the way for promulgating a new constitution within a year.

Senior leader of CPN-UML Madhav Nepal had said that they (NC and CPN-UML) would run the administration for another four years. Obviously, Mr. Nepal had the vision of staying in power for four years. However, he would not be able to stay on in power for four years if they were to promulgate a new constitution within a year, they would need to hold the elections following the new constitution, and set the country on the right track of the rule of law. Mr. Nepal’s statement clearly indicated that they would take time as long as possible in promulgating a new constitution.

President of NC Sushil Koirala said that if he were to be the next prime minister, he would create an environment within a year for crafting a new constitution. Was it the slip of the tongue, or he really meant it, we did not know. Mr. Koirala continued to say that he was for crafting a new constitution within a year. The public would soon know the reality, as Mr. Koirala was heading to be a next prime minister. However, the biggest hurdle for him to cross was the bottom line set by the CPN-UML for electing a new president and a new vice president.

Leaders of NC and CPN-UML had been talking about the formation of a new government, and elections to a president and a vice president. Apparently, NC and CPN-UML leaders had no problems of forming a new government but the elections to a president and a vice president had been a bone of contention. CPN-UML leaders declared that their bottom line was the elections to a president and a vice-president whereas NC leaders wanted to set the deadline for promulgating a new constitution. The deadline might be six months, one year or two years. Thereafter, the elections to a new president and a vice-president would be done.

Newly elected parliamentary party leader of CPN-UML KP Oli said that NC leaders had not made any concrete proposal for forming a new government, and challenged the NC leaders saying if they were not able to form a new government then they should support the CPN-UML to form a new government. He also made it clear that the people’s mandate was to form a new government of the NC and the CPN-UML if the NC leaders were to go out of this mandate and try to form a new government with other political parties then it would not be acceptable to the CPN-UML.

CPN-UML leaders had been saying that although the CPN-UML had the second position, the strength of the CPN-UML was not much less than that of NC; so, the NC leaders should make an honorable offer to the CPN-UML for forming a new government. What was the honorable offer, the CPN-UML leader had not made it public, yet. We could assume that they should have equal share in the administration.

The CA has set February 10, 2014 for the election to a new prime minister. Ananda Prasad Dhungana of NC, and Rambir Manandhar of CPN-UML had collected nominations forms. Nomination of a candidate for the office of prime minister has to be filed by the evening of February 9, 2014. NC had declared its president and also the parliamentary party leader Sushil Koirala the candidate for a new prime minister. The last time for submitting the nomination form was set for 5:00 pm of February 9, 2014. Only Koirala filed the nomination.

Chairman of UCPN-Maoist Prachanda said that his party could participate in the government if it were to expedite the promulgation of a new constitution. UCPN-Maoist leaders had been saying that they would not sit in the new government but they would support the government for crafting a new constitution. Leaders of UCPN-Maoist had been keeping a low profile since the defeat in the elections held on November 19, 2013. Later on, UCPN-Maoist decided to vote against prime ministerial candidate Koirala, and sit on the opposition bench.

Madheshi leaders also had been keeping low profile since the defeat in the elections. They had been watching what the NC and the CPN-UML leaders would be doing concerning the crafting of a new constitution. They had made it clear that if the newly emerged political parties were not to craft a new constitution meeting the demands of the Madheshi people then they would take the issues to the streets. They said that they were defeated in the elections but they had not lost the support of the Madheshi people.

NC and CPN-UML leaders had spent weeks and weeks on celebrating the election victory. They were not in a hurry to call the first session of the newly elected CA. Then, they spent some weeks on the issue of calling the first session of the CA. NC leaders had been saying that the president should call the first session of the CA following the international practice but the Interim Constitution of Nepal of 2007 had the provision for the prime minister calling the first session of the new CA. Chairman of the Interim Election Council of Ministers Khilraj Regmi called the first session of the new CA ending the controversy.

Following the political tradition, senior most member of the CA Surya Bahadur Thapa had been presiding over the CA sessions. He had called on the political leaders to elect a Chairman of the new CA but the political leaders had been taking time to do so, as they had not reached any agreement which political party should get this office. As the third major political party in the CA, UCPN-Maoist had been claiming the office of the chairman of the CA. The Madheshi political parties had not claimed any sorts of power sharing so far. After the election to the CA, the Madheshi political parties had not been able to regroup and form a front to claim anything jointly.

NC and CPN-UML leaders had been holding decisive talks on the power sharing since Saturday morning, February 8, 2014; and the talks had continued on February 9, 2014. The main issue had been the elections to a new president and a vice president. The alternative was to let the CPN-UML form a new government. NC leaders were not willing to do the both. The parliamentary leader KP Oli was a hardliner, and the most ambitious person. He would not let NC leaders live in peace if he were not to have one of the two alternatives: either the presidency or the office of prime minister. The election to a new prime minister might take some time if both the NC and CPN-UML leaders were not to compromise on their respective stand on the elections to a new president and a vice president.

After the marathon talks held on Sunday, February 9, 2014. NC and CPN-UML leaders ultimately reached a seven-point agreement (originally six-point but at the time of signing off the agreement added one point). On behalf of NC, Sushil Koirala and on behalf of CPN-UML, Jhalanath Khanal signed off the agreement. Following the agreement, NC and CPN-UML would promulgate a new constitution within a year. After the promulgation of a new constitution, they would hold elections to a new president, a vice-president, prime minister and chairman of the CA. They would endorse the incumbent president and vice-president to continue the office until then.

The seven-point agreement demonstrated that President of NC Sushil Koirala has political skills in maneuvering the difficult and complicated political situation, and breaking the political deadlock, and then paving the way for him to get elected to the office of prime minister on February 10, 2014. Koirala had set the right trend in reaching the seven-point agreement with the CPN-UML for paving the way for crafting a new constitution Then, Koirala has to steer other political parties to craft a new constitution, and then promulgate it within a year. Chairman of UCPN-Maoist Prachanda was very enthusiastic about the crafting of a new constitution. He had even advised Koirala to get along with CPN-UML and form a government of NC and CPN-UML when Koirala went to see Prachanda at his residence on February 9, 2014. Prachanda would surely cooperate with all parties on all the matters possible to craft a new constitution. However, Koirala would have hard time to convince chairman of CPN-Maoist Mohan Vaidhya that had stayed away from the elections to a new CA, and had been demanding to call a roundtable conference of all political parties for crafting a new constitution. The Vaidhya Maoists had been keeping quiet, and might be watching how the political parties would be working on a new constitution.

February 10, 2014