Kathmandu Post

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The endgame

JAN 03 -
As the deadline to promulgate a new constitution in May draws closer, the time for substantive debate on constitutional issues is here. The opposition to the Supreme Court ruling not to allow another extension of the CA has frittered, probably because of the general public mood defined by a growing frustration with the political class. But at a time when discussions within and among parties should lead to flexibility on stances regarding issues like forms of government, the electoral system and perhaps most crucially, state restructuring, it seems as though parties are gearing up to take firm stances on all the above. This kind of flexibility was seen throughout 2011. And it is hoped that the firm stances this time around are also only momentary; to take to the negotiating table to allow for realistic and more flexible outcomes.

On the issue of forms of governance, the meetings held by the Constitutional Committee have rightly begun to dig deeper into the agreed “mixed model” of governance, with the major issue surrounding the separation of powers between the president and prime minister coming under serious debate. While it is no secret that Maoist Chairman Pushpa Kamal Dahal wishes to be the first directly elected president, the decision to refute this model should be made on more substantial grounds than the fear of Dahal becoming the new executive head of state. Likewise, the parliamentary system as proposed by the NC should also be refuted for reasons other than its failure to deliver during the 1990s. With checks and balances in place, either of these models could potentially work. Our stance on the issue will be clearer in the days to come. It is nonetheless evident that the discourse is pushing forward with new ideas evolving, such as NC’s recent proposal for an electoral college as in the US. Coming to an agreement will mean that all sides, while they may have gone in with hard stances, will indeed have to fiercely negotiate, but also demonstrate utmost flexibility for compromise. 

Likewise, a meeting point on the electoral system has roughly been agreed on a mixed model of direct and proportional representation. Figures for both at federal and provincial levels are yet to be decided, but on the issue of electoral system, an agreement is seemingly imminent. But where issues surrounding forms of governance and electoral system in particular, will likely see an agreement soon, the most contentious issue, which hasn’t received deserved attention, remains to be that of state restructuring. The formation of the State Restructuring Commission, years after its intended inception, has enabled substantive debates on the issue. These need to be heightened, but without further polarisation of the Nepali polity. The body may be fraught with challenges and its members may be taking positions along political and ethnic lines. However, the formation of this body has led to the federalism debate becoming a public issue of concern for both the politicians and the masses alike. The SRC’s final report is due in a few weeks and this will likely be the basis for all parties to take to the negotiating table. As of now, within the Commission and out, the most polarised debate stands to be on definitions of identity. Recent statements on Khas identity made by Dahal and NC party leader Ram Chandra Paudel are signs that the parties are beginning to take sharply defined stances even on finer points surrounding federalism. The endgame on constitution writing is approaching fast and the parties are going to have to find a common ground and really pull it all together now.  

Posted on: 2012-01-04 09:55

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