5 sub-committees of CC submit reports

(Updated with details on the suggestions)

Suggestions to be distributed to members on Wednesday

Subcommittee on statute-drafting and coordination next week

KATHMANDU, April 5: A subcommittee under Constitutional Committee of the Constituent Assembly has suggested that the new constitution should adopt referendum as the means for its amendment. [break]

“Most appropriate means of constitutional amendment would be to hold referendum,” subcommittee for constitution amendment stated in its report submitted at the Constitutional Committee Sunday.

The subcommittee also suggested that there should be strong arrangements for making the fundamental rights of the people unammendable.

Coordinators of all the five subcommittee coordinators submitted their reports to Constitutional Committee Chairman Madhav Kumar Nepal on Sunday. They made suggestions on preamble, name, constitutional amendment, political parties and emergency arrangements.

The sub-committee on preamble has suggested that the new constitution should be within the norms of jurisprudence, politics and philosophy. “The preamble should acknowledge the importance of people’s movement, people’s war and other struggle of the people for their rights,” said Khim Lal Devkota, a Maoist lawmaker who led the subcommittee.

Subcommittee on suggesting the name of the constitution has suggested that the constitution must guarantee supremacy of the constitution, it should define the sovereignty and distinguish between state and the nation. “It must clearly define national anthem, national flag and other emblems,” said subcommittee coordinator Suprabha Ghimire. There was no consensus among the subcommittee members on whether the name of the constitution should be long or short and what should be exact name. Subcommittee members Pasang Sherpa and Chitra Bahadur KC had reservations on what name should be used for the constitution to incorporate federalism.

Subcommittee on emergency arrangements suggested that the new constitution must avert the possibility for this arrangement from coming into controversy. “We have a history of all the use of emergency powers coming into controversy,” said subcommittee chairman Laxman Lal Karn. “So we should stop this power from controlling over people’s democratic rights and fundamental rights should be made unchallengeable even in emergency.” The subcommittee also suggested a provision for evaluating the loss incurred by individual and the state during the emergency.

Subcommittee on political parties and miscellaneous suggested for strong statutory provisions to safeguard the people’s rights to open political parties or organizations without any hurdle. “But they should be within a particular framework,” said Nilamber Acharya, coordinator of the subcommittee. The subcommittee also called for provisions to guarantee intra-party democracy and transparency of the political parties.

CC Chairman Nepal, after receiving the reports, said the committee would distribute the reports to members on Wednesday. He said the committee will form two panels next week to prepare preliminary draft of the statute and coordinate functioning of various CA committees. “The committee will, then, distinguish the commonalities and differences on the issues suggested by various parties and general public,” said Nepal.