Relation between Committees and the CA

The Constituent Assembly does not get any ‘business’ until the thematic committees of the Assembly prepare concept papers and preliminary draft reports. The CA members need to discuss the draft reports prepared by various committees almost on a daily basis to prove that constitutional committees are real sources for drafting the constitution.

South Africa formed various thematic committees to ease out the process of drafting constitution. Nepal has followed the same methodology. But South Africa had already prepared 34 fundamental norms of its constitution before it set to prepare drafts for a final constitution. Nepal does not seem to be aware of the exigency of writing constitution. Because of this, Nepali constitution writing process has become almost like a travel through a dark tunnel. It is not clear on which basis and what sort of government system, the CA will set to draft the constitution.

Though the CA members came to the Assembly meetings in the considerable number in the earlier days, the presence of the members began to wane in the latter times during the discussion session on reports submitted by different thematic committees. For example on August 12, hardly 70 CA members attended the discussion session on the draft report submitted by “Committee on Determining Structure of Legislative Body”. This indifference indicates that the CA members have not prioritized the constitution writing in their working list. This demanded upon the political parties to impose whips on their members to attend the meetings. Top leaders of the main political parties were hardly seen attending any discussion sessions on the reports prepared by various thematic committees.

Because of the intransigent attitude of the political parties, contradictory opinions started to pour down. As a result, the heaps of different opinions began to pile up. This demanded upon the CA to form a separate constitutional committee in the co-ordination of Sadbhabana Party CA member Laxmanlal Karna to study about reports. But after Karna became the minister in the cabinet, Agniprasad Kharel (UML) got assigned this job of coordinating the Committee.

Recently, at the end of November, Maoist, NC and UML formed a 9 member “Informal Mechanism Committee” to address and resolve differing and opposite views put in the discussion sessions. Top leaders of the three major parties, chief think tanks from three parties and CA members Radheshyam Adhikari, Agniprasad Kharel and Eakraj Bhandari are the members of the committee.

Structural lapses during the formation of the Constituent Assembly, Maoists’ street protests after quitting the government and declaration of the so called autonomous federal states complicated the constitution writing process. Maoist Party, which had launched its ‘people’s war’ from Rolpa and Rukum, of the Western part of Nepal fourteen years ago, against the then state system, declared “Limbuwan” and “Kochila” as autonomous states in the eastern part of Nepal, and this pushed the constitution writing process further toward uncertainty. The party began its third phase of protest against the ‘unconstitutional move’ of the President to guarantee the civilian supremacy. Because of the Kailali incident, Maoists announced nationwide general strike on 6th December, the CA members could not participate in the Assembly. Subsequently, for the first time in the one and half year’s history of the CA, the meeting was postponed by pasting a notice in the wall.

Since the Speaker and the Deputy-Speaker of the CA are members of the legislative body, they have greater responsibility of acting out multiple creative roles. Because of several structural lapses, the CA meetings became adversely affected by obstructions created by Maoists. It is very ridiculous to observe a member shouting slogans against the government one moment and taking part in the constitution writing process the next moment. Such flaws abound. That’s why the Constituent Assembly meetings have not been able to render any significant fruits.