The reason we supported the 'fast-track' process for new constitution is simple. In the past eight years, there have been endless deliberations on key constitutional issues. On federalism, the most contentious of them all, too, the major political parties have, over the years, discussed every imaginable federal model. But there has been nothing to show for such a vigorous debate. If anything, with the passage of time, the 'old' parties (Nepali Congress and CPN-UML) and the 'new' forces (Maoists and Madheshi parties) drifted further apart as any viable federal model was swiftly scuttled owing to pressure from various interest groups. In this context, the 16-point agreement between the four largest parties in the Constituent Assembly offered a faint ray of hope as people once against started believing that the dream of a constitution through the Constituent Assembly was close to being realized. We endorsed the fast-track also because the recommendation of the Federal Commission, according to the 16-point deal, had to be approved by the legislature-parliament, which is the CA proper in all but its name.But our optimism was guarded, for it would have been naïve to expect federalism to be settled so easily. Recent developments are particularly disquieting. Everyone from the country's ceremonial president to the chairman of the CA would now like to see federalism settled before the promulgation of new constitution. The top leaders of major political parties, instead of heading back to their constituencies with the draft constitution, are making a beeline for the Indian capital. The Madheshi leaders, for their part, have been openly lobbying India to press the major parties not to 'shelve' federalism. If India starts throwing its weight around in Nepal, the northern neighbor will also not keep quiet. The fears, then, that the new constitution might be dictated abroad no longer appear so fanciful. Of course, we would be delighted if there could be broad political consensus on federalism right now. If such a deal could be had, writing the new constitution would be a formality. But there have been few indications that such a widely supported document can materialize in the next few days and weeks.
There is now a real danger that the hard-achieved unity among the four major parties will break down. This must not be allowed to happen, even by those who oppose the 16-point pact. Rather efforts of the four parties should be focused on taking the parties in opposition into confidence on new constitution. But that won't happen so long as the ruling parties are rigid on federalism. The Madheshi parties for instance are right to question if there can be meaningful restructuring of the state by keeping all existing VDCs and districts intact. There is no way federalism can be settled unless there is more willingness to discuss such sensitive issues. Meanwhile, the Madheshi parties must be more respectful of the popular mandate in favor of Congress and UML. In a democratic system, the minority cannot dictate terms to a clear majority. Foreign meddling would take care of itself if the gaping deficit of trust between the new and old forces could somehow be bridged.
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