Dillydallying Games 

-Dwarika Pd. Shrestha[*]

Restructuring States – Peace Process – Arms Submission – Fighters’ Integration – Settling the number of Provinces – Naming the Provinces – Reintegration – Constitutional Court –Identification by caste, community, bla bla became main issues to bye time easily

 After fours years of dillydallying and very casual efforts of discussion in the Constituent Assembly (CA) in the name of drafting the statute of the country, that should be completed by the period of 2yrs. time, as per the public mandate, the chieftain/s of the large political parties including the United Communist Party – Maoist (UCPN-M), leader Mr. Puspa Kamal Dahal alias Prachanda with all the unbelievable and unpredictable clues, logics and pleadings, were now in trouble, because there are hardly 11 days to go to complete the fourth time extended life of the Constituent Assembly (CA).  By the period of 4yrs time, the CA members were reportedly assembled hardly for 8 to 10 such meetings in which the issue of drafting the new constitution of Federal Democratic system was discussed? More than 7 billions of rupees were consumed so far in the name of drafting the new constitution. But the CONSENSUS for the purpose, the only assignment given by people to 601 representatives is yet to expect. Will it be really drafted in time and the final constitution will be given to the people?

 

Mr. Madhav Kumar Nepal, former Prime Minister and the leader of UML-N, another left party and 3^rd largest part in CA was still hopeful of extending the life of CA by 44 days more. The CA will keep in work till July 14, 2012 (31^st of Asadh, 2069), he predicted.

Now the Constitutional Court:

The chieftains of all the political parties in the CA were now happy for they have compromised in a point at setting up of the Constitutional Court (CC) of the country. The United Democratic Madhesi Front (UDMF) proposed that the Court should be established with the Chief Justice of the Supreme Court as the head of the CC. And the term of the Court will be for five years. The chieftains have taken it as their big adventure so far achieved in their 4yrs. of dillydallying efforts. They believe that the Constitutional Court will help solve all the disputes related with big five issues like Federalism, forms of Government, Election system, Judiciary and Citizenship. The number of members in the body of CC will be decided later and the appointment of the members will be apolitical, the proposal claimed.

Several concepts and ideas about the nature, rights and activities concerned of CC have still being flowed in the discussion held in CA meetings. The largest party has become more than happy for their intension to keep the SC away from the CA affairs would be successful. Similarly, they might be successful even in forming the Government with the President and the Prime Minister of their own being directly elected from the public and the Parliament as well per their political gimmicks. 

Why the CC ?

The Constitutional Court could be a substitution of the Supreme Court (SC), or the Judiciary, one of the three autonomous bodies of the Government. After the last request (the 5^th one) for extension of the term of CA filed by the Prime Minister, Dr. Babu Ram Bhattarai and the Chairman of the CA, Mr. Subash Chandra Nemwang, was rejected by the SC, the CA members were not happy with the SC. They were in mood even to impeach the judges of the SC. Thus the biased CA members with the Judiciary had tried to keep the SC almost defunct in the State of Affairs. Unfortunately, they could not do it with. Therefore, the CC has become a best outcome of their cunning ideas, the experts believed. In other words, the CC could be a product like a test-tube baby of the Maoist leader/s. The CC was supposed to deal with all the concerns of the State Affair that the SC used to look for.  They (CA members) wanted that the Legislature should be the only supreme autonomous body of the Government. And the Prime Minister was the only supreme body, who could be accountable to all the affairs took place in the Parliament as per his decision. The Judiciary, the SC wouldn’t be concerned any more for whatever may the Legislative Body does.

Federalism:

There are hardly 11 days to go to complete the term of CA. The President, the Prime Minister and all the political party leaders and the UCPN-Maoist leader, Prachanda have assured the people to bring the Constitution of Federalism by 27^th of May 2012. But CA meetings have been prolonged and prolonged without any conclusion on settling the numbers of the provinces of the Federal State. The country which is supposed to belong to 7 or 8 or11 provinces has yet to be concluded even after more than ten similar meetings held last weeks. Whereas, in other hand, the Federalism itself is yet to be cleared well to the people including the 601 CA members themselves and it wouldn’t be possible unless the statute was promulgated.  

More Dillydallying:

The new agenda in the Parliament  to add a post of a Commandership in the army has come as an another untimely issue at the time when the Constitution writing itself, has no more time even, about 11 days hardly. In the meantime, another new proposal of reintegration of army has been tabled, whereas, the integration work has just being done and more than 6000 Maoist fighters (2/3^rd of the remaining total strength of Maoist fighters, as per their claim) have been self retired and other were just integrated in the army.

Safe Landing:

Dr. Babu Ram Bhattarai, the Prime Minister has become successful to form a new Government, reportedly now with consensus of all the political parties. The new Government include four Deputy Prime Ministers all representing each the Maoist party, Nepali Congress, UML-N, another left party and Madhesi Front. He has also achieved the consent of all parties but a few to form 11 provinces/states in the country and a provision to add certain powers for new President of the Country. The observation was also made that the present cabinet and the Constituent Assembly was now very much in safe side to promulgate the new constitution and to introduce the Constitutional Court. The new Government could also conduct the elections for the President and the Prime Minister as well, the new proposal stated.

 

New Constitution:

However, since the top brass have been assuring the people to promulgate the New Constitution, the new constitution could be introduced, no doubt. The new Deputy Prime Minister representing the Nepali Congress in the Cabinet Mr. Krishna Sitaula believes that the new Constitution would be introduced even before 27^th May. The observers, in the meantime believe that the expected new constitution as per assurances made by top brass will not bother to borrow any effort from the related CA members. Because of the time shortage, Constitution writing botheration will go to certain group of experts, no matter whether they are Nepalese or foreigners. The constitution writing could be a part of trade. It would certainly cost a good amount of money.

 

Last but not the least, Nepali will get the new Constitution! But no one knows what the Constitution will be like?

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[*] Mr. Shrestha is a senior journalist.