CA term extension

The government’s unilateral move to register a bill in the parliament secretariat to extend the CA term by a year could potentially spoil the environment for consensus among the major parties, and without consensus the constitution cannot be amended. Even as the major parties were engaged in informal discussions to find an agreement on all the contentious issues related to the peace process, constitution writing, CA term extension and power sharing, the cabinet all of a sudden decided to table the term extension bill in parliament. The bill was registered in such haste that there wasn’t any consultation about it even within the ruling parties.



Though the government has tried to defend the move, saying it was getting late to register the bill in parliament and complete the necessary process for the bill to mature in time for voting, officials at the parliament secretariat say that the government could still have waited a day or two.



As the CA term is expiring on the 28th of May for the second time without any tangible progress in the peace process and without the constitution being written, the country is headed for a political crisis. And only a consensus among the major political parties can bail the country out of the impending crisis. But the government’s latest move has raised doubts if that’s now possible. Despite the government’s colossal mistake we urge all the political parties to maintain restraint and intensify talks to seal a comprehensive deal that will salvage the CA.



The deal should also make sure the peace process will be completed and the constitution written if the CA is extended once again. Letting the CA expire on the 28th will create unprecedented chaos and that will not be in the country’s interest.



However, extending the CA term indefinitely doesn’t make sense either. We must, therefore, make sure that the parties will not seek yet another extension after a year. For this, the parties must clearly write into the amended constitution that the CA is being extended for the very last time and also mention the alternatives if the extended CA once again fails to deliver a constitution. Will the parties then seek a fresh mandate? Will the CA form a commission to write the constitution? Will the interim constitution be amended and promulgated as the permanent constitution? Without laying out the alternatives there is a chance we might be back to square one after a year.



The entry point for negotiations among the parties, however, should be concluding the peace process, without which writing and implementing the constitution is not possible. The parties should at least agree on regrouping of the Maoist combatants on the basis of those joining the security forces and those taking the rehabilitation package and there should also be an agreement on modality, standard norms and the rehabilitation package itself. Understanding on these key issues should be a precondition for any CA extension beyond May 28.

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