Attempts to form a national government to prepare proper environment for promulgating the constitution failed. Though the leaders kept saying the constitution would be promulgated on January 22, there was no sign of it. After a protracted debate, the report of the Constitutional Political Dialogue and Consensus committee was submitted to the Constituent Assembly. There was no conclusion in the Constituent Assembly even after the discussion on the disputed issues of the constitution, which created vacuum in the constitution-drafting process. Despite several meetings among Congress, UML, and UCPN (M) to seek consensus on the disputed issues of the constitution, there was no outcome. While the opposition focused on protests, various organisations started to pressure for constitution promulgation on January 22.

Attempts at National Government Formation

UML started its exercise to form a national joint government before promulgation of the constitution. UML chairperson KP Sharma Oli increased meetings with Tarai-Madhes-focused parties. He met Madhes-focused parties in groups and separately. ‘It is our proposal that the constitution be promulgated with the consensus of every one and they (Madhes-based parties) also join the government,’1 UML former chairperson Jhalanath Khanal said. There were informal talks among the parties on this issue. Though there were no big disagreements over federalism and form of government, after the issue of coalition government started to take centre stage, attempts were made to sort out both the issues at the same time.2 However, the leaders of Madhesi Alliance decided not to join the government until there was consensus on the issues of the constitution. It was UML’s objective to include all of the Madhes-focused parties or at least some of the parties in the government. The issue of joining the government also created problems with the Alliance; therefore, it decided to not join the government until there was agreement on the issues of the constitution and stressed on constitution with federalism. Congress which had stressed on national government before stayed silence at UML’s attempt at national government, after which the process of formation of national government did not move forward.

Commitment to Promulgate the Constitution by January 22

Even when it looked increasingly clear that it would be impossible to promulgate the constitution by January 22 following the Interim Constitution, Constituent Assembly Regulations, and the Constituent Assembly Timetable, political parties insisted their commitment to promulgate the constitution by January 22. Constituent Assembly chairperson Subash Chandra Nemwang also started to work towards that objective. On December 7, Constituent Assembly chairperson Subash Chandra Nemwang met Prime Minister Sushil Koirala, UML chairperson Oli, and UCPN (M) chairperson Pushpa Kamal Dahal. He requested to them to prepare an environment to promulgate the constitution by January 22 even by shortening the process. The December 12 meeting of the Congress central committee decided to take the lead in promulgating the new constitution of the Federal Democratic Republic Nepal by January 22.

UML central committee meeting also said that the constitution should be promulgated within January 22 as per the commitments made by all the parties during the elections, repeated commitments made by the parties to the people, and the timetable passed by the Constituent Assembly.4 Prime Minister Sushil Koirala stated that if there is no consensus among the parties the constitution would be promulgated on January 22 by following the Constituent Assembly procedures.5 The December 19 meeting of Federal Republican Alliance also decided to work towards promulgating the constitution within the stipulated time. UML standing committee also decided to work towards promulgating of the constitution on January 22. UML also decided to hold meeting of its cadres on January 2 in major cities to prepare proper environment for the constitution and clarify the party’s instances on the major issues of the constitution.6 However, chairperson of the Dialogue Committee Baburam Bhattarai stated on December 10 that there is a possibility that there will only be agreement on major issues and a draft ready January 22.

Dialogue Committee Report in the Constituent Assembly

There was a big dispute among the parties on what to do with the Congress-UML common proposal. UML leaders met Dialogue Committee chairperson Bhattarai and urged him to submit the proposal to the Constituent Assembly. After Bhattarai refused to submit the proposal even after repeated requests from Congress and UML, the leaders of Congress, UML, and UCPN (M) gave the responsibility to the submit the report as he saw fit. Then Bhattarai held discussions with leaders of Congress, UML, and UCPN (M), and Constituent Assembly chairperson Nemwang and submit the report to Nemwang on December 5. Though Bhattarai included the concept notes of the parties, he did not prepare a questionnaire on the disputed issues. In the report, Dialogue Committee chairperson Bhattarai stated that though the attempts to resolve the disagreement among the leaders and parties in various formal and informal meetings have been positive and are nearing the end, there has been no agreement and more discussion is needed in the Committee; therefore, the situation remains where the report with questionnaire cannot be prepared.

UML chairperson Oli went further to accuse Bhattarai of submitting the report to the Constituent Assembly against the suggestions of the parties.9 Yet there was debate among the parties on how to take it forward. UML parliamentary party meeting suggested the leadership to follow the procedures if there is no consensus on the disputed issues. The Constituent Assembly started its discussions on the report on December 15 and Constituent Assembly members became polarised. Congress and UML Constituent Assembly members suggested to follow the procedures if there is no consensus while UCPN (M) and Madhes-focused party Constituent Assembly members urged that the report be sent back to the Dialogue Committee for seeking consensus. The 20-party Alliance meets Constituent Assembly chairperson Nemwang and urged him to send the report back to the Dialogue Committee.