The two parties put forth their ideas at the sub-committee formed under the CA Committee on Fundamental Rights and Directive Principles while preparing a preliminary draft report for the new constitution.
- 27 different opinions on 31 points
- 11 amendments filed by Nyaichyai
The Maoist party has proposed that any political party found involved in treasonable activities, spying for foreign elements, hatching a conspiracy against the nation or involved in regressive activities should be banned. Senior Maoist leader Chandra Prakash Gajurel, who is a member of the committee, registered this proposal as an additional opinion to the draft.
NC leader Ramesh Lekhak demanded that any political party that is against a competitive multiparty system based on pluralism, a parliamentary system in a federal democratic republic and nationalism as well as universally accepted human rights principles and values be restricted. His provision also targets any party that is against individual political rights and lobbies for a one-party authoritarian and totalitarian system, or any party that forms military or para-military structures, runs military activities or encourages in such activities, that launches an armed revolt or prepares for it, or that runs any structure parallel to the state´s legal mechanisms.
On another point concerning fundamental rights, a majority of members on the committee accepted that there will be no provision for capital punishment. But Lila Nyaichyai of Nepal Workers Peasants Party registered a different opinion, lobbying for capital punishment. Nepal dropped capital punishment since the promulgation of the constitution of 1990.
On property rights, Lekhak of NC registered a different opinion, demanding that no law be formulated setting a ceiling on personal property. But Gajurel registered an opinion demanding that a policy of revolutionary land reform be adopted, a ceiling set on land and land acquired from landlords by the state be distributed to landless squatters and poor farmers.
Pradip Gyawali of CPN-UML registered an additional opinion demanding a provision that would allow formulation of retroactive law against those involved in crime against humanity, war crimes and ethnic cleansing.
The committee has included 31 points under fundamental rights. Of these, several points have remained contentious. CA members have registered different opinions over 27 points while Nyaichyai alone registered amendment proposals on 11 points.
The preliminary draft prepared by the sub-committee is under discussion at the committee on fundamental rights and directive principles. If the committee adopts the draft, it further needs to be endorsed by a two-thirds majority of the CA before inclusion in the constitution.
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