KATHMANDU, Oct 9: The Constituent Assembly (CA) committee on State Restructuring and Sharing of State Powers has determined mechanisms for resolving disputes that surface between provinces once the country is restructured on federal lines. [break]
A meeting of the committee on Friday unanimously endorsed a concept comprising three broad mechanisms -- political, judicial and non-judicial -- for dispute resolution. The provision will be included in the preliminary draft report and concept paper to be prepared for the new constitution. The report will be studied further by the Constitutional Committee and later endorsed by a two-third majority of the CA before being included in the new constitution.
CA members have provided for six tiers of political mechanism, including a high level political conference, an inter-provincial council, a federal parliamentary committee, a federal legislature and referendum, for resolution of disputes, depending on their nature and gravity.
As per the concept, priority will be given to settlement of disputes through the convening of political conferences and meetings of political leaders such as chief ministers and ministers of the provinces and ministers of the central government.
Any dispute relating to use of natural means and resources, distribution of revenue and inter-state trade and commerce shall be forwarded to the inter-state council only if a political conference fails to settle the matter.
Third priority for resolving disputes shall be given to the parliamentary committee of the federal legislature and intervention by the federal parliament shall be fourth priority only. The option of referendum shall be adopted in contentious cases with national implications only after all the other mechanisms fail to resolve a problem.
Likewise, the provincial legislature will be another means within the political mechanism to settle disputes at local levels that have no connection with the center or other provinces.
CA members have also agreed to add a provision that only one mechanism at a time shall deal with a particular case so as to avoid interference and conflict of two or more mechanisms on a single issue.
Under the judicial mechanism, there will be a constitutional court and provincial high courts to resolve constitutional and legal disputes that surface over the jurisdiction of different levels of government. "There shall be a constitutional court to resolve disputes that crop up while interpreting or implementing the constitutional jurisdiction of central, provincial and local level governments," the draft endorsed by the committee said. The constitutional court will look after legal and constitutional disputes that surface between two provinces. The verdict of the constitutional court will be final.
The provincial high court will resolve disputes between the province and a local level, between the province and a special region and between local and special regions, among others.
The non-judicial mechanism, also described as an alternative means, is similar in nature to the political mechanism. "But the non-judicial mechanism will be used more as an informal method. Bilateral or multilateral talks, reconciliation, coordination and facilitation will be the methods adopted to resolve disputes in this mechanism," the committee said. This mechanism will be used to resolve disputes relating to borders, distribution of natural resources, trade, commerce and revenue sharing.
After finalization of the dispute resolution mechanisms, the state restructuring and state power sharing committee, one of 11 thematic committees, has resolved the major issues to be decided by it. "We have finalized almost all the major issues except the maps and delineation of state boundaries," said Thakur Prasad Baral, secretary of the committee. Nepali Congress, CPN (UML) and Madhesi People´s Rights Forum, among other political parties, are yet to submit their concept papers and maps for state restructuring. "Once we get those parties´ documents, we will promptly finalize our preliminary draft and concept paper," he said. So far, only six of the 11 thematic committees have prepared their preliminary drafts and concept papers. Unable to meet its own calendar of events, the CA has rescheduled its timetable for the sixth time.
thira@myrepublica.com
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