Friday, September 3, 2010

Constitution Making in Nepal


The historic Jana-Aandolan II brought republic in Nepal after the election of Constituent Assembly on May 2008. With the support of five hundred and sixty members of Constitution Assembly new Nepal was formed, ending two hundred years of monarchy. The Constituent Assembly election in Nepal has established the primacy of ballots over bullets and unveiled the mandate for peaceful change. The advent of CPN (Maoist) that came out the biggest political party from the elections has provided it an opportunity to transform its wartime ideology, structure and goals into a mass-based competitive party. But due to Prachanda’s attempt to sack General Rookmangud katawal (army chief), opposed by President Ram Baran Yadav forced him to resign as Prime Minister. Promises to make Constitution within time period and making Nepal as like Switzerland within ten years were as good as strategy to win election. With this controversy CPN (Maoist) decided not to take part in newly formed government under Madhav Kumar Nepal inspite of his defeat in Constituent Assembly Election, he became Prime Minster of Nepal. After a year he resigned in an effort to help the government move past its current deadlock and to pave the way for a national consensus government as demanded by opposition. With his resignation also the three main parties (Nepali congress, CPN and UML) tried for a consensus government but dispute regarding leadership in consensus government, they didn’t succeed. Parliament failed to elect Prime Minster even after fifth round of voting. As one of the main party UML stayed neutral in every voting. Whereas other small parties had been bargaining.
At the present it’s very difficult to have a consensus government until the recruitment of combatants of People’s Liberation Army. And there is no leader like late Girija Prasad Koirala who can address the interests of all political parties and capable of forming consensus government. Due to instability of government, the farming of new Constitution has being under dolderm, as Constitutional committee has being working on different issues but still many issues to be finalized. Due to political instability the Constituent Assembly is also on stay at the moment as Constituent Assembly works as a Parliament also. This is just outline of present situation of Nepal and in coming post I will be referring problem in framing new Constitution.
Pratyush Upreti
Bsc.LLb (Hons) 3rd Year

2 comments:

  1. The making of a Constitution of a Country is no doubt a big work, it really takes time. The makers should take into account the latest development in International Constitutional law, the situation in the country, the socio-economic background and no doubt the aspirations and needs of a newly formed democratic country... Hope Nepal will have its constitution very soon...

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  2. Multi-party system has become successful in those societies where property and power-sharing arrangements have been already settled and parties have developed stable consensus on the rules of governance......
    i never mean that in India it is successfull becuase it satisfies the above statement..its due to judicial intervention too, but then it is possible only if the government is formed....there always comes a black cloud and the light fades whenever there seems that there will be formation of stable government in Nepal, now that may be either in form of Prachanda or some other political activist or may be i call them maoist....

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