The Supreme Court stays extension of the Constituent Assembly (May 20-25)

There was no consensus among the parties on state restructuring, which has remained one of the most disputed issues in constitution-drafting. The dispute remained whether state restructuring should be based on a single identity or multi-identity. While there was no consensus among UCPN (M), Nepali Congress, UML, and United Democratic Madhesi Front (UDMF) on the number of states and their delineation, the government decided to extend the Constituent Assembly (CA) for three months by amending the Interim Constitution (2006).

The government registered a bill at the parliament for extending the CA. UCPN (M) and UDMF were in favour of this move, but other governing coalition partners Congress and UML opposed the move. As there was disagreement among the parties, a writ was filed in the Supreme Court against the government move. Congress withdrew its members from the Council of Ministers saying that the move to extend the CA was without consensus, and UML demanded the resignation of the prime minister.

While the disputed issues were not being discussed in the CA and no consensus was forthcoming, the Supreme Court issued an interim order to the government and the chairperson of the CA not to take forward the process of extending the CA. congress and UML welcomed the Supreme Court stay order against extending the CA. UCPN (M) accused the judiciary of interfering in politics. After the Supreme Court decision, there was additional pressure to promulgate the new constitution on May 27 or hold another CA election, referendum, or make other arrangements per the previous decision of the Supreme Court.

There were several rounds of meeting between UCPN (M), Congress, UML, and UDMF for seeking consensus on disputed issues. There was no agreement despite several new proposals. The CA sittings were postponed several times as there was no consensus among the parties on disputed issues to hold any discussions. Meanwhile, the government signed agreements with various groups demanding guarantee of their rights in the new constitution. As the situation improved in various places, various groups holding pressure programmes around the CA building increased.

Major Developments

May 20	Nepal banda called by Indigenous Nationalities United Struggle Committee. Normal life affected throughout. Attacks on journalists from media houses and their vehicles. Sitting of CA and legislature-parliament is postponed by posting a notice. Meeting of UDMF decides to support the protests of Tharu and indigenous nationalities. Talks between the government and Muslim Struggle Committee. An 11-point agreement including a state in the Tarai with Muslim identity. Congress central office clarifies the districts will not broken up during state restructuring and instead should reflect multi-ethnic, multi-lingual, multicultural identity. Prime minister Baburam Bhattarai expands his cabinet for the third time. CPN (ML), CPN (ML-socialist), and Chure Bhawar join the government. The government calls on the Indigenous Nationalities United Struggle Committee for talks. UCPN (M) chairperson Pushpa Kamal Dahal terms the movement by indigenous nationalities as legitimate.
May 21	President Ram Baran Yadav meets UCPN (M) chairperson Pushpa Kamal Dahal, Congress president Sushil Koirala, UML chairperson Jhala Nath Khanal, and UDMF coordinator Bijaya Kumar Gachhedar and asks them to seriously work on constitution-drafting. Meeting of UCPN (M), Congress, UML, and UDMF discusses state restructuring. UCPN (M) chairperson Pushpa Kamal Dahal proposes 10 states, which is rejected by Congress and UML. UCPN (M) and UDMF stress on resolving the disputes through voting. Banda called by Indigenous Nationalities United Struggle Committee. Normal life affected. Attacks on the press in various places. Talks between the government and Indigenous Nationalities United Struggle Committee. No agreement could be reached. UCPN (M) chairperson Pushpa Kamal Dahal, Congress president Sushil Koirala, UML chairperson Jhala Nath Khanal, and UDMF coordinator Bijaya Kumar Gachhedar issue a joint press release asking for social harmony and goodwill and asking the indigenous nationalities, Tharu community, Broader Madhesi Front to withdraw their protests, stating that their legitimate demands will be met. Meeting of youth CA members of Congress and UML submits suggestion letter to the top leaders, demanding the constitution should be promulgated on May 27. Meeting of Central Security Committee. The prime minister directs the security agencies to be on high alert. Sitting of the CA is postponed by posting a notice.
May 22	Meeting between UCPN (M) chairperson Pushpa Kamal Dahal and Indian ambassador to Nepal Jayanta Prasad. Meeting of UCPN (M), Congress, UML, and UDMF. Prime minister Baburam Bhattarai proposes extension of CA. congress and UML oppose it. Meeting of the Council of Ministers decides to propose three-month extension of the CA. a proposal to extend CA for three months is registered in the parliament secretariat. Congress president Sushil Koirala holds a press conference in his residence at Maharajgunj and warns of withdrawing its members from the Council of Ministers. Indigenous Nationalities United Struggle Committee banda continues. Talks between the government and the team of Indigenous Nationalities United Struggle Committee. A nine-point agreement including institutionalisation of democratic republic based ethnic identity-based federalisation. UML central disciplinary commission asks its CA members to not go against the party decision and directs the central committee to be on vigilant about activities against the party discipline. Meeting of UML standing committee decides to follow party constitution for those not toeing the party decision. Meeting between UCPN (M) and UDMF stresses on resolving the disputed issues through voting in the CA. Meeting of Congress parliamentary party. Janajati CA members insist on ethnic identity-based state restructuring. Sitting of the CA is postponed by posting a notice.
May 23	Meeting of UML standing committee demands the resignation of the prime minister based on the five-point agreement. Meeting of Congress central committee. Pressure to recall its ministers from the government. Deputy prime minister and defence minister Krishna Prasad Sitaula states that he is not in the government. Indigenous Nationalities Untied Struggle Committee and Newa: Autonomous State Ma:ka Struggle Committee holds public meetings in the capital. The leaders state that protests will continue until there is guarantee of identity-based federalism. CA member Radheshyam Adhikari resigns from his seat. He states he resigned after the government proposed extension of CA against the order of the Supreme Court. In a joint press release, UCPN (M) vice-chairperson Mohan Vaidya and general secretary Ram Bahadur Thapa make accusation that the proposal to extend the CA deadline has brought in a conspiracy without discussion within the party. Three separate writs are filed in the Supreme Court against the CA extension proposal. A case is filed claiming contempt of the Court. A goodwill mass gathering is organised in the capital under Federation of Nepalese Chamber of Commerce and Industries. UML senior leader Madhav Kumar Nepal states that another name for deceit and conspiracy is Prachanda. Meeting of UCPN (M), Congress, UML, and UDMF. Congress and UML demand the resignation of prime minister Baburam Bhattarai. UCPN (M) and UDMF state the prime minister will not resign until the basis for promulgation of the constitution is ready. Sitting of the CA is postponed by posting a notice.
May 24	The Supreme Court issues an interim order not to extend the CA deadline in the name of the prime minister and chairperson of the CA. congress and UML welcome the judgement. UCPN (M) accuses the Supreme Court of interfering in political issue. A single bench of Justice Kalyan Shrestha orders the prime minister and law minister to present themselves with written explanations within seven days in the case of contempt of the Court. Meeting of UCPN (M), Congress, UML, and UDMF. Congress and UML stress on going to the transformed parliament. Meeting of Congress central committee decides to recall its ministers from the government. Meeting of UDMF stresses on promulgating the constitution with federalism on May 27. Broader Madhesi Front in a press conference states that there is no alternative to promulgating the constitution on May 27. Meeting of the Council of Ministers decides to provide compensation to those injured during the course of the banda. Protests and banda putting forth various demands continue in various places. Meeting UCPN (M) standing committee decides that if Congress and UML agree to 14 states, the prime minister will resign before May 27. Meeting of dispute resolution sub-committee. UML senior leader Madhav Kumar Nepal apologises to UCPN (M) chairperson Pushpa Kamal Dahal for calling him a conspirator. Protests demanding an undivided far west start immediately after the government agrees for a Tharuhat state. Sitting of the CA is postponed by posting a notice.
May 25	Talks held on the disputed issues of constitution throughout the day. No agreement could be reached. Parties accuse each other for the failures. President Ram Baran Yadav meets UCPN (M) chairperson Pushpa Kamal Dahal, Congress president Sushil Koirala, UML chairperson Jhala Nath Khanal, and UDMF coordinator Bijaya Kumar Gachhedar and asks them to promulgate the constitution even if it means resolving the disputed issues later. Meeting UCPN (M) standing committee decides to show maximum flexibility for consensus and concludes the Supreme Court judgement is faulty. Secretary General of United Nations Ban Ki-moon draws the attention of the parties to promulgate the constitution within the deadline. Talks between Mithila State Struggle Committee and the government talks team. Agreement to include the demand for Mithila state in the constitution and others. Meeting of UDMF decides to make federalism the bottom-line of the constitution. Broader Madhesi Front organises a protest in the capital. Chairperson of Madhesi Janadhikar Forum Upendra Yadav demands constitution from the CA. Meeting of UCPN (M) and UDMF concludes the decision of the Supreme Court was hurried and prejudiced. Meeting of faction of UCPN (M) vice-chairperson Mohan Vaidya stresses on promulgating the constitution with identity-based federalism. Sitting of the CA is postponed by posting a notice.