It is good to see the major political parties coming together to finalize the draft of the new constitution. Before the Great Earthquake, such a constitution with broad political support was hard to imagine. The first draft of the constitution of the federal democratic republic of Nepal, the fruit of seven long years of the constitutional process, as such, is a major achievement. Now the draft will be taken to the public for their feedback, a process which will continue for a fortnight starting Thursday. Originally, a month's time had been set aside for this all-important task. But the four major parties, in their bid to bring the constitution through 'fast-track', have lopped off half the original time. This is unfortunate. One of the key markers of the legitimacy of the new constitution will be how much it reflects the dreams and aspirations of the broadest segment of the population. A fortnight might not be enough to take the constitution to every part of the country and get meaningful public feedback. But still, a lot can be achieved in the 15 days set aside for the purpose and we are confident that no effort will be spared in reaching out Nepalis in every part of the country.We are far more worried that the public feedback may not be reflected in the final constitution. Whatever they may say, many political leaders see the phase of public feedback purely as a ritual, something done to make constitution-making appear participative. Those who vet the suggestions from the public could pick the ones they like while discarding the ones that contradict their political beliefs. This would be a recipe for disaster. For if people's genuine concerns are not addressed in the new constitution, their pent-up frustrations could one day find a violent outlet. Thus it is important to maintain a high level of transparency on the kind of suggestions received, on how they are being tabulated and how these concerns will be tackled in the new constitution. Special attention must go to the grievances of the traditionally oppressed and marginalized groups like Madheshis, dalits, janjatis and women who have pinned high hopes on the new constitution.
Some would say the entire constitution-making process is flawed as the 'status quoist' forces are looking to entrench the traditional domination of certain class and caste groups. We disagree. Even in the old establishment parties like Nepali Congress and CPN-UML, there are many (though still not enough) party office-bearers and CA members from marginalized groups. In fact, greater diversity in the rosters of electoral candidates the two parties fielded in the second CA elections was one reason they did so well in the Tarai belt and up in the high mountains, where they were able to take back the seats they lost to regional or ethnic parties in the first CA polls. But the onus is surely on Congress and UML, the ruling coalition partners and by far the two biggest parties in the new CA, to make the process of feedback open and inclusive. This will be vital for long-term viability of the new constitution—as well as the future electoral success of the Big Two.
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