Anybody with a certain degree of political insight knew long before that the CA won’t be able to come up with the new constitution within the stipulated time frame; yet till recently our treacherous politicians kept lying that it will. Similarly, the self-righteous civil society ‘leaders’ and the sensationalist media industry maintained that it should; they always articulated that any delay in the job or an extension of the CA won’t be acceptable. They never bothered about the contents or quality of the work to be done.
Misled and expectation-heightened people are now bewildered with the sudden revelation of reality. There are few examples in the world where CAs have completed the task entrusted to them within fixed timetables. With inept, selfish and narrow-minded politicians Nepal couldn’t be an exception. Now it is time to become pragmatic and extend its term reasonably and get on the business seriously.
Unfortunately, politicians and political parties—especially the UCPN (Maoist)—are making the deal to extend CA term a point of bargaining for power. It appears as if they think that failing to extend the term will harm others and not them, which is sheer nonsense. On the other hand, lawyers and constitutional experts are divided over the issue. Some strongly argue that article 64 of the current interim constitution doesn’t allow for any extension of the CA except for 6 months and in the state of emergency; some interpret that article 82 provides room for extension as it states that the CA will be dissolved (only) when it writes the statute. Well, legal experts hardly agree with each other; so, sky won’t fall if the House decides to amend the Interim constitution extending its tenure by one year as tabled by the government side (of course the period of extension could be negotiated). One should not forget that any decision in this regard is a political decision too, which has its roots in several peace deals signed between various stakeholders in the past. Also, it shouldn’t be forgotten that the present CA is a sovereign body and it represents the collective will of Nepali people (at least theoretically) and also that its extension is an option far better than its demise and subsequent fresh elections.
By the time this piece will go to print, most probably a last- minute understanding would have been reached between the big three parties—UCPN (Maoist), Nepali Congress and CPN-UML—who together make the necessary two-thirds majority to amend the constitution.
By the time this piece will go to print, most probably a last-minute understanding would have been reached between the big three parties—UCPN (Maoist), Nepali Congress and CPN-UML—who together make the necessary two-thirds majority to amend the constitution. Certainly the understanding will be the result of some successful bargains on one side and some face-saving on the other as indicated by the decisions of UCPN (Maoist) central committee meeting concluded on May 24. Nonetheless, it is possible that on May 28, CA will take its last breath as Maoists’ acts are often unpredictable and also as they haven’t so far withdrawn their protest motion tabled against the proposed amendment. The protest motion itself being a bargaining tool, the Maoists still seem undecided on whether to support the government motion or not. There are sharp divisions within its ranks with regard to the bargain to do ‘in exchange for their support’. Besides, a powerful lobby led by the dogmatic leader Mohan Baidya is firmly pressing to let the CA die so that the vacuum, the chaos and the disorder that ensues will prove fertile ground to launch the much awaited ‘people’s revolt’.
More often than not in the past, Maoist leadership has demonstrated sanity and restraint despite the party’s rhetoric of rebellion and vengeance and pressure from the ranks to adopt a hard-line approach. However, many a times the party has acted foolishly as well—calling of an indefinite general strike and the recent threatening and criticizing of the urbanites for launching the peace rally are cases in point.
Against this backdrop, UCPN (Maoist) really declaring its own “people’s constitution” from the streets cannot be ruled out, something it has publicly threatened to do. If the CA term is not extended it will do it on May 29, but as unpredictable it is, it may do so at a later date even if the CA term is extended as the part has the history of similar acts. The street declaration of fourteen federal states along ethnic lines is an example.
It is therefore pertinent to discuss the possible implications of such a move, should it happen. First, a “people’s constitution” to be declared from the streets will be the declaration of a one-party-rule (of the Maoists) and as such won’t be acceptable to others. It will also be tantamount to declaring a war against more than 60 percent of the population who did not vote for the Maoists during the last CA elections. Those people will raise their voices and objections. Although such a move may not necessarily be followed by broad-based, ethno-neutral and less ideological parties like the NC and the CPN-UML, they too will retaliate in whatever way they can. They have to; or else they will lose their support base. There is every possibility that regional and ethnic parties like the Madhesi parties and some smaller communist parties as well as the so-called nationalistic parties like RPP-Nepal will follow suit. They have to; or else they too will lose their support base.
All those constitutions coming from the streets will reflect the interests and the aspirations of their own respective constituencies and not the collective desire of Nepali people and there will be little in common but plentiful in conflict between them. Once declared it will be almost impossible to retreat on any point for any force because of the strong pressure from their respective constituencies. A war between multiple enemies having multiple objectives may lead to a bloodbath, genocide and foreign intervention and ultimate disintegration of the country. I hate to sound like a doomsday prophet, but any foolish move triggered by radical adventurism or with an eye on partisan and short-sighted gains, especially around these times, may in all probability bring catastrophe more or less described earlier. Could our leaders care to think a little?
jeevan1952@hotmail.com
Related story
-1200x560-1779450784.webp)
