A constitution of convenience

Nepal8217;s interim constitution has been overtaken by the new political reality after the constituent assembly polls. The country needs a more spacious roadmap

The 8216;unique8217; democracy that Nepal8217;s interim constitution formalised when it came into existence in January 2007 had some dangerous provisions. It not only stood for the seven parties, including the Maoists, controlling the entire political process, but also saw little role of the opposition in it. The constitution also had no provision for the prime minister being removed from the post except when he died, or quit voluntarily. A provision to have him removed with a two-third majority was inserted a few months later following media criticism. In the appointment of the new prime minister, it favoured a 8216;consensus8217; among the seven parties, failing which a two-third majority would do.

During that time, all these parties were united against the king, and for them sidelining him was the real essence of the new democracy they sought to secure in Nepal. All these seven parties which together fathered the interim constitution also had no objection to G.P. Koirala acting as the prime minister as well as the acting head of state while continuing as president of the Nepali Congress. And so what if in the process, the neutrality of position that the head of state demanded was grossly compromised.

But the political context has changed following the conclusion of the constituent assembly polls recently. A new scenario has emerged. The constituent assembly will have altogether 25 parties, 18 more than the 8216;monopoly rulers8217; . Not only that, yesterday8217;s rulers are today8217;s political rivals since they contested elections against each other and are also rival claimants for power.

The smooth selection of the new prime minister has become difficult as Koirala hopes to be a consensus choice, and Prachanda claims that right by virtue of being the leader of the largest party in the House with 220 members, still 81 short of the simple majority in a House of 601. Prachanda, who has not yet been assured of the support of a two-third majority, asserts that the mandate is for him to lead the government. Koirala followers bank on the constitutional provision that he was appointed by consensus, and should continue if Prachanda fails to muster at least a two-third majority in his favour. Some others in the Koirala camp have come forward with a suggestion that a constitutional amendment with the provision that a simple majority in the House should be able to remove the government be made before the hand-over of power to Prachanda.

While all these things are yet to be settled, Koirala has already asked political parties to move forward in the spirit of consensus and 8216;enforce8217; republicanism by the first meeting of the constituent assembly. He is making this shrewd move to appease the Maoists, and with the king8217;s exit on the first day, he also hopes to be the first 8216;consensus8217; acting president if he is to make way for Prachanda as prime minister. The Maoists and Koirala have made several deals in the past, and it will not be a surprise if they strike one more on power-sharing.

But the composition of the constituent assembly is very different from the interim parliament which always acted like a rubber stamp of the three main parties. Of the constituent assembly8217;s 25 parties, at least one, the Madheshi Janadhikar Forum MJF, with a strength of around 50, has moved swiftly to put its own conditions which will be the basis of its extending support to the new government 8212; first, Koirala should quit, and the new government must implement an earlier accord that it had signed with the MJF giving the entire Terai area the status of one single province with the right to self-determination. This upsets the Maoists8217; vision of federalism which is in favour of creating 11 provinces 8212; two based on geographical remoteness and the rest on ethnicity. At the same time, both the Maoists and Koirala realise that neither the House procedure nor the process of forming the new government can move smoothly without MJF support. But the interim constitution was so short-sighted that it failed to foresee that any other party except the ruling seven would be there in the CA.

A deal between Koirala and the Maoists may help the early formation of government, but it does not guarantee political stability in Nepal. At least for now, Nepal8217;s parliament will have to recognise and accept the role of the opposition and dissent, a practice that had unfortunately been completely done away with in the past.

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