Thursday, May 01, 2008

Constituent Assembly Election

- Dwarika Pd. Shrestha

Nepal decides on 10th April:-
Nepali people are going to the polling booth to elect their representatives to the Constituent Assembly (C A) on the 10th April, 2008 or 28th Chaitra, 2064 accordingly. The Constituent Assembly Election (C A Poll) is the first ever held in the political history of Nepal. Unlike the other elections, the C A Poll is administered hardly once or twice in a life time.

The Constituent Assembly is an assembly which is composed of certain number of elected members from all the constituents in an adult franchise system. Their main work in C A is to write a constitution, a supreme law of the country which defines the rights and duties of each and every citizen of the country.

Nepal is going to hold the C A Poll first time in its history. Thus for the first time the Nepali people have become fortunate enough to send their representatives to the Assembly to write the Constitution of their country as per their requirements. The proposed assembly will have 601 members altogether. They represent different political parties, communities, class and casts of all the regions of the country.

Three types of representation:-
The 601 representatives are categorized into three according to the Election law formulated by the Election Commission. The first category is the representation by the political activists individually being elected from their respective constituency. There are 240 constituencies in the country. Thus the number of individual representatives in the Assembly will be 240 i.e. one each from a constituent. The political parties, which numbered 56 have fielded more than 4000 candidates for the purpose. The second category is the representatives on the basis of the proportional representation of different party, caste, class, community and the region of the country. The Assembly will have 335 elected members of this category. The 56 parties have proposed the list of more than 5100 candidates for the purpose. Each political party has all rights to nominate upto 335 candidates in the Assembly provided the particular party secured maximum votes in the Election.

The member of this category is elected by the party leaders not by the voters. The voters in this category elect party not an individual. In fact, there will be two types of election in this election. In the first one, the voters vote for the individual candidate representing some political party, whereas, in the second category the voters cast their vote for the party separately. Thus they will cast their votes two times and cast two different ballot papers in two different polling boxes in separate booths. The ballot paper to be used for individual candidates will be colored light blue and the ballot paper to be used for the party for proportional representation will be colored light red. To make the system more transparent the Election Commission (EC) has made a system to submit the list of the candidates nominated for proportional representatives previously to the Commission. Because the related party will have full autonomy in selecting and nominating the candidate after they secured the sufficient number of votes in the Election in this category.

The Third category of the members will be picked up from the total consensus of the cabinet formed after the election. Thu number of this category member will be 26 only. This way, there will be 601 members in the C A.

Objectives:-
The main objective of the CA is to write the Constitution of the country. The new Constitution or the Supreme Law of the country must address all the fundamental rights and security of the citizens of the country. It was obvious that the proposed Constitution will be written on Federal type of Government. No one knows whether that will be like a Federal type of the USA or India or that of the South Africa. Yet, it should be believed that the main frame work of the Federal type of Government has already been formed. The shape and size of it is yet to see. Have patience and ‘Wait and Watch’ it.

Historical background:-
The concept of the Constituent Assembly in the world, is centuries old. So far 40 countries in the world have exercised it on their own way. The USA, The Republic of India and the South Africa are some of the countries which have contributed some lessons to the world in this aspect. The USA had formed an Assembly of the representatives of 13 states out of 50. They formed a Constitutional Draft Committee to write the Constitution. The USA is still working with the same constitution till now despite the several minor amendments took place in it. Russia also had a CA poll in 1917. Lenin’s group could not gain majority at that time. A few years later she formed the Constitution Draft Committee. The Russia is still working with the constitution written by them. The Republic of India has similar story about it after they formed a Constitution Draft Committee in 1947. South Africa, in 1990 made similar effort and contributed a very remarkable example to the world to form the C A through the Political Parties’ Conference and prepared the Constitution of the country.

The concept of the Constituent Assembly in Nepal is also not a new one. The necessity of the C A in Nepal was announced in 1950 itself by the late King Tribhuwan at the Tribhuwan Airport at his first return from India after his asylum on 3rd Falgun 2007 b.s. Late King Tribhuwan is also known as ‘the Father of Democracy”. But the new idea could not have materialized because of no political party existed at that time could carry it on to materialize.

The present burning issue of the Constituent assembly is an outcome of 2 latest Peoples’ Revolutions held in 2046 b.s. and 2062/63 b.s. The first Revolution brought an end of 3 decade old Panchayat Democracy in Nepal, whereas the second Revolution overthrew the powerful autocratic Kingship of the country. It’s true that the 2062/63 Revolution became more effective and successful since the CPN- Maoists joined in it. The Maoists were formed in a bush in 2052 b.s. in Rolpa, far-west of the country.

At present, the Maoists claim that the idea of the Constituent Assembly was introduced by them but the history says that the idea was introduced six decades ago through a mandate of the Nepali Congress.

Now wait for a few days more to find the reality.

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