E-Kantipur

KATHMANDU, AUG 04 - As discussions on the first draft of the constitution remain stymied by differences among political parties over state restructuring and other issues, UCPN (Maoist) Chairman Pushpa Kamal Dahal has proposed amending the constitutional provision which calls for the formation of a State Restructuring Commission (SRC).

Article 138 (2) of the Constitution explicitly calls for the formation of the SRC to restructure the state.

The proposal floated with the acquiescence of Prime Minister Jhala Nath Khanal appears to be the ruling coalition's last-ditch attempt to untangle differences on finalising the first draft of the constitution amid the fast approaching deadline.

Dahal's initiative comes amid competing positions of the Samyukta Loktantrik Madhesi Morcha (SLMM) and the Nepali Congress on the formation of the commission. The NC wants the commission to be formed while the SLMM stands oppossed to the idea. Even on Thursday, the two sides failed to reconcile their differences in a meeting among the three major parties and the Morcha held at Singha Durbar. The meeting was held at the behest of Speaker Subas Nembang. 

Sadhbhawana Party Chairman Rajendra Mahato, who attended Thursday's talks, confirmed Dahal's proposal. Mahato said the Morcha was open to the proposal. The parties could most likely settle for an expert panel instead of a full-fledged commission as a compromise--and for that they will have to amend the clause in the Interm Constitution that has the provision for the Commission.

Thursday's development comes amid stalemate in talks between the two sides on the formation of the commission.

According to the Chairman of the Madhesi Janadhikar Forum-Ganatantrik, Jaya Prakash Prasad Gupta, the alliance reiterated its stand on the formation of an expert panel instead of the commission. He argued that the jurisdiction set by the Interim Commission for the commission has become irrelevant given the principles set by CA's state restructuring committee to determine federal units based on identity and capability.

Gupta also took serious exception to the statement attributed to Minister for Prime Minister's Office Affairs Ghanshyam Bhusal that a constitution can be had without federalism--adding that the idea of the commission is a "conspiracy" to bring constitution without federalism.

He also said that they have requested the Speaker to take initiatives in this regard. He clarified that a new constitution cannot be formulated without state restructuring. Madhesi parties are ready for a revision of the 14-state model proposed by the CA committee but want the entire Tarai region represented in no more than two provinces.

Nepali Congress Vice-President Ram Chandra Poudel, who, according to Mahato, has been asked to discuss the proposal in his party, said NC's insistence on the SRC was to ensure smooth division of states in a federal set-up.

On the issue of the Terms of Reference, Poudel said talks focused on finding consensus on the formation of the SRC. The two sides have decided to meet again.

Posted on: 2011-08-05 05:16

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