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Home » Constitution Making Process » Calendar of Events Kept Changing

Calendar of Events Kept Changing

Written By: BHUWAN KC
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The CA Calendar of Events was not followed from the very beginning, and no work was carried out as a result. The political parties could not meet the expectations of the spirit of the timeline and did not really internalise the seriousness of the issues. So the timeline had to be changed for ten times in fourteen months. This was an indication that the constitution-writing process would not be completed within the stipulated timeframe.

Besides the policies and theoretical aspects, proceeding is also an important element in constitution making. And if the proceeding is not clear, constitution writing may not be completed effectively and in a managed way. Taking due account of this truth, the Constituent Assembly drafted a clear calendar of events for the CA on November 16, 2008. The timeline outlines the election of vice-chairperson in the CA, formation of CA Committees, election of the chairperson, identification of the committees’ jurisdiction and making of timeline, discussions regarding the concepts for the constitution, and collection of citizens’ opinions. Additionally, deadlines are also set for preparation of reports by the thematic committees, submission of draft reports and concept papers prepared by such committees to the CA, preparing the first draft of the new constitution by integrating and incorporating the suggestions and feedback given by the CA and drafts prepared by the thematic committees. The deadline for all these proceedings had been clearly mentioned in the calendar.

Similarly, the timeline for submitting the first draft of the constitution prepared by the Constitutional Committee to the full meeting of the CA and discussion on the draft, giving final touch to the first draft of the constitution and publishing it in the gazette for the comments and opinions from the general public, preparing working schedule by the Public Opinion Collection and Coordination Committee to collect public opinion over the first draft had been made.

The calendar had also been made to the effect of discussing on the reports regarding people’s opinions and advice, submitting the first draft of the constitution with an amendment made to it according to people’s feedback and submitting it to the bill session of the CA, distributing copies of the bills to each member in the CA, and general discussion over the bill of the constitution made as per the provision of the Constituent Assembly Regulations. It also included a provision for a deadline to suggest amendment for CA members in the bill, issue-wise discussion over the amended bill, decision to be taken along in each article and clause, passing the whole of the constitution including preamble, certification of the approved copy of the constitution and having it signed by the CA members for final approval.

Further, certification by the Chairperson, submission of the approved copy of the constitution to the President in a formal national ceremony organised by the CA and the president’s declaring of the Constitution and its implementation in the name of people from the same ceremony. All this was included in the action plan.It had been mentioned in the schedule that chairpersons of the committees will have been elected by the end of December 15, 2008. But the chairpersons could not be selected as the political parties were in disagreement as to who and from which parties to elect the chairpersons. And then the election date was deferred for December 30, 2008. But as the possibility of consensus between the parties began to thin by the December 30, 2008, a new date of Jan 9, 2009 was set for the election. Laxman Ghimire of the Nepali Congress holds that the schedule had to be changed to bring consensus among the parties. For consensus, the United Nepal Communist Party-Maoist, Nepali Congress and Nepal Communist Party (UML) held discussions. But as nothing came out from the discussion, the three-party meeting decided to postpone the election date.  The Constituent Assembly meeting of December 6, 2009 changed the schedule for the second time and set the date for election for December 13.
The schedule had that fundamental lawmaking function will be completed by summoning the fifth session of the legislature parliament in Feb/March and end the session by the end of April 13, 2009. But because of the growing contentions and mistrust between the ruling parties and the opposition party, the House session got extended. So the schedule was amended for the third time stating that the fifth session of the legislature parliament shall be held around this time.

Amendment of CA Calendar of Events
First    February 29, 2008

Second    March 6, 2008

Third    April 13, 2009

Fourth    April 29, 2009

Fifth    July 27, 2009

Sixth    September 9, 2009

Seventh    November 18, 2009

Eighth    December 25, 2009

Ninth    January 24, 2010

Tenth    March 9, 2010

On September 9, the Calendar was amended for the sixth time because discussion on the committee reports had not yet started with consensus among the parties. So the deadline for the committees to submit their reports in the Constituent Assembly for discussion, sending them to the Constitutional Committee after the necessary comments and feedback directives by the Constitutional Committee was extended to the end of November 15. The schedule of the Constitutional Committee to integrate and incorporate the feedback and comments by the constituent assembly and thus make the first draft of the new constitution also changed.

And it was extended throughout the mid-December 2009, according to the schedule it had to be done by August 9, 2009. The time for drafting reports was reduced to 4 weeks from 8 weeks arranged earlier. The time to submit the first draft prepared by the Committee and putting it for discussion in the Constituent Assembly full meeting was also reduced to one week from 4 weeks. Organising seminars, interactions, and hearing on the first drafts of the constitution and sending off the CA members to the respective constituencies and villages across the nation for collecting people’s suggestion got reduced to 4 weeks from 12 weeks.

The time of preparing reports with feedback and opinion of people and then submitting them to the Assembly, discussing the reports with feedback and opinion, and distributing the copies of the bills to the CA members changed. And to that effect the calendar was amended for the sixth time. Seventh amendment was made to the calendar on November 18, 2009. As the reports had not come in from all the parties even by Nov 15, new date of December 15 was set for the discussion on reports in the CA and passing them. The schedule to prepare the first draft of the constitution that as set for the last of December got extended for the whole month until January 15. Besides these, the timeline for discussion on draft reports, and collecting the opinion and feedback also changed.

The calendar was amended for the eighth time on December 25, 2009. Passing of all the Committee reports with recommendation and directives by the by the CA and sending it to the Constitutional Committee got extended from end of November to February 2010. And the deadline of the Constitutional Committee of preparing the first draft of the constitution was set for February 19. As the calendar thus kept changing, it was amended for the tenth time on March 9, 2010. And then all the remaining works of constitution making were put to be completed by May 28, 2010. “We have made the calendar flexible so as not to get it amended again,” CA Chairperson Subhash Chandra Nemwang said with regard to the tenth amendment of the calendar. But the constitution-making process could not be completed within the stipulated time because of the contentions of the parties over the key issues and as a result the tenure of the CA was extended for one more year after making necessary amendments in the Interim Constitution 2007.

November 16 to 30, 2008
Election of the vice-chairperson
Constitution of the committees of the Constituent Assembly and selection of the chairperson by mid-December 2008
December 16 to 30, 2008
The committees to prepare the timeline, the issues and subjects of their jurisdiction and giving final touch to the action plan of all committees
December 30 2008 to February 26, 2009
Discussion on the concepts of the constitution, interaction, collection of opinions from civil society, experts and general public and beginning of the citizen’s education, training and orientation program

The CA Calendar of Events:

February 26, 2009 to April 22, 2009
Thematic committees to prepare preliminary draft reports of the constitution based on the concept papers

April 23, 2009 to Mid June 2009
Submission of the concept papers and preliminary draft reports prepared by the thematic committees to the CA and commencement of discussion on them The Constitutional Committee to prepare the draft of the constitution by integrating the suggestion of the CA and drafts submitted by the thematic committees
Submission of the first draft prepared by the Constitutional Committee to the full meeting of the CA and beginning of discussion by September 10, 2009

September 11, 2009 to September 16
Giving final touch to the draft of the constitution and publishing it in the gazette to collect feedback and opinion of the people. The Public Opinion Collection and Coordination Committee to prepare the calendar to collect people’s feedback and opinion over the first draft of the constitution

September 17, 2009 to December 10, 2009
Extensive hearing over the first draft of the constitution, interaction, seminars, accepting all advice coming from all corners; CA members going to their respective districts and collecting people’s opinions.

December 11, 2009 to January 6, 2010
Submission of the detailed report of the people’s advice and opinion to the CA

January 7, 2010 to January 21, 2010
Discussion of the reports on people’s feedback and opinion in the full meeting of the CA

January 22, 2010 to February 22, 2010
Submission of the first draft of the constitution with amendments according to the people’s opinion and suggestions to the legislative meeting of the Constituent Assembly and distributing copies of the constitution bills to the CA members

February 23, 2010 to March 1, 2010
General discussion on the constitution bills in the CA as per Interim Constitution and Constituent Assembly Regulations

March 2, 2010 to March 8, 2010
Time for the CA members to offer amendments over the constitution bills

February 9, 2010 to April 28, 2010
Issue-wise discussion in the CA of the amended bills. Decisions to be finalised in each article and clause. All parts of the constitution including preamble to be passed by the CA

April 29, 2010 to May 28, 2010
Certification of the approved copy of the constitution and having it signed by the CA members for final approval. Then, certification by the Chairperson, submission of the approved copy of the constitution to the President in a formal national ceremony organised by the CA and President’s declaring of the constitution and its implementation in the name of people from the same ceremony.

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