It is time for true nationalists to form a united front to not only implement the constitution but also to augment i…ShareResizeListen (1 min)

By Hisila Yami

4 years ago

It is time for true nationalists to form a united front to not only implement the constitution but also to augment it with the unfinished agenda of federalism. 

The promulgation of the Constitution of Nepal 2015 through the Constituent Assembly (CA) concluded the national mission that started in the 1950s, when this concept was brought to Nepal by King Tribhuban who had returned from self-exile in Delhi. However, the agenda was dismissed after King Mahendra’s coup that established one party Panchayat system in 1960. The issue of CA came up in every political movement. But it was the Maoist People’s War followed by the 2006 People’s Movement which gave birth to the republic, federal, secular and democratic constitution.

It is to be noted that the journey from Interim Constitution (2007) to promulgation of the constitution in 2015 through CA was fraught with movements, involving people from Madhesh, Karnali, Tharus, Janajatis, Dalits and women. Maoists coming to power in the first CA election threatened the established forces: Nepali Congress, CPN-UML and the royalists. They were scared that the constitution through the CA would legitimize the interim constitution, which they found radical. Most of the heavyweights like Sushil Koirala and KP Oli had lost the first CA elections against junior Maoist leaders. NC and UML became second and third forces, after the Maoist party. The newly formed Madhesi Janadhikar Forum Nepal came fourth.

First CA was not successful in delivering the constitution. Ironically, the same chief justice who dissolved the first CA was made the executive head to conduct the second CA election. The second CA election brought back old established powers. The Maoist party came in third, followed by other Madhesh-based parties. The result was the watering down of all the progressive provisions in the Interim Constitution. The first step they took was doing away with the parliamentary caucus of women and nationalities who were instrumental in strengthening inclusive issues in the constitution. They reduced the number of parliamentary committees as well. 

The proposal of 14 provinces, which was suggested by the State Restructuring Committee, and that of 10+1 provinces recommended by state restructuring commission were reduced to seven provinces.  These committees and commissions had recommended five points of identity and four points of capabilities while federating the country.  Federalism was reduced to administrative divisions. Similarly, the idea of secularism was tweaked to mean sanatan dharma. In the same light, women who got equal rights to parental property were left with stateless children because citizenship could not be given to their children based on mother’s citizenship.