Crisis Averted, Challenges Remain
Yuba Nath Lamsal
The melodrama staged for over a fortnight came to a close at the midnight of May 28, with the political parties agreeing to give continuity to the Constituent Assembly (CA) at least for another three months. The rough and tough ruckus on the issue concerning the validity of the Constituent Assembly finally burst like bubbles of water, demonstrating once again that the entire exercise of the parties was being conducted merely for power.
The last-minute decision to extend the life of the Constituent Assembly is being analysed by many as a mature and wise move of Nepal’s political parties to avert the looming political and constitutional crisis and save the ongoing peace process. Based on the doctrine of necessity, there was no alternative left before the parties other than to extend the CA’s term. It was, therefore, not a choice of the parties but a compulsion. Moreover, the Constituent Assembly is the only popularly-elected body in the country, in the absence of which, popular and democratic legitimacy and credential would be lost.
There is, however, another logic equally plausible and rational, which states that the parties want to continue extending the CA’s term for an indefinite period. The parties are using the CA’s extension to blackmail the other parties to gain power. Last year, the Maoists bargained while the other parties tried to coax the ex-rebels to add life to the CA. This time, the Nepali Congress was playing the same role of that of the Maoists.
Once the CA ceases to exist, the country would fall into a grave political crisis and chaos, and the parties would also have a lesser role to play. Only some unscrupulous elements and external forces would have a hey day. In such an eventuality, the fate of democracy and our national independence could be at stake.
Whatever the reasons and compulsions, the CA has been given continuity for three months now to be probably re-extended by another three months. Beyond that, it may be impossible because of the Supreme Court’s decision which has ruled that the CA’s term cannot be extended beyond six months. This opportunity and time should be used to free the country from the transitional phase and usher in an era of peace and stability.
The extension by three months is a temporary solution. In the first place, the five-point deal is guided more by a power sharing formula than completing the political and peace process. Secondly, the differences that persist among the parties on some key issues continue to remain unresolved. Unless, these issues are sorted out amicably, the process of constitution writing cannot be complete. Moreover, there is no guarantee that the tasks that could not be accomplished in three years will be completed in three months.
There are some bases for doubting the completion of the constitution writing and peace process in the next six months. Earlier, army integration was viewed as the most difficult issue to resolve. But the parties have now exhibited some flexibility on this issue, and it is likely to be resolved soon. But the issue of federalism has come up as the most critical one.
The parties have their own versions and views on this issue, which is unlikely to be solved that easily. Given the complexity and sensitivity attached to it, national consensus would be impossible on the issue of federalism. All the major parties are committed to federalism, but this issue has lately become a headache for them. They are trying to find excuses to avoid federalism.
Parties other than the Maoists and Madhesis are not enthusiastic about the federal issue. But these parties are not prepared to speak their mind in public for fear of a backlash. Only a party called the National People’s Front led by Chitra Bahadur KC has come out openly against federalism, which fears that federalism would ultimately pave the way for the country’s disintegration. A section of the intelligentsia also subscribes to this view and thinks that a resource-strapped country like Nepal cannot afford federalism.
Looking at the essence of the five-point deal, the most important point is concerned with the resignation of Prime Minister Jhala Nath Khanal and handing over power to a national unity government. Given the mood of the ruling parties, the transfer of power will not be accomplished that easily. The prime minister has already thrown the ball into the court of the Nepali Congress and asked the main opposition party to create a basis for national consensus. But the Congress cannot do this without the support of the ruling parties. And unless this is done, the prime minister is not prepared to quit. The UCPN-Maoist - the largest party in Parliament - is also not in a position to walk out of the Khanal-led government.
According to the five-point agreement, a credible ground must be prepared for the peace process, which alone would make it possible for the CA’s extension by another three months. However, things are not likely to move ahead as thought and expected. Even last year, when the life of the Constituent Assembly was extended by one year, it was agreed that the prime minister would quit. But the prime minister refused to respect the gentlemen’s deal and step down. He was forced to resign only under mounting pressure from all sides, and remained in office for seven more months as a caretaker prime minister. Prime Minister Jhala Nath Khanal is likely to follow the footprints of his successor.
Thus, the real problem and challenges have now begun. The parties will have to complete the constitution-writing process in six months. This is imperative in the wake of the landmark verdict of the Supreme Court.
The Supreme Court verdict has compelled the parties to act swiftly. The parties were of the notion that they could keep on extending the CA’s term for an indefinite period. That is the reason why the parties paid scant attention to the constitution-writing and peace process. Now they have finally realised their limitations and constraints.
The parties have proved their failure twice in accomplishing their job of writing the constitution in time. If they do not give the country a new constitution in the next six months and complete the peace process, history will condemn the parties for their incompetence. In a multi-party system, the parties are the key players in politics. If the parties fail to steer the country out of the political quagmire and give a better alternative, it would send a different message to the people. The failure of the parties may be linked to the failure of the multi-party system itself. In such an eventuality, the Nepalese people would be compelled to seek an alternative political system.
The author can be reached at: yubanath@wlink.com.np
The melodrama staged for over a fortnight came to a close at the midnight of May 28, with the political parties agreeing to give continuity to the Constituent Assembly (CA) at least for another three months. The rough and tough ruckus on the issue concerning the validity of the Constituent Assembly finally burst like bubbles of water, demonstrating once again that the entire exercise of the parties was being conducted merely for power.
The last-minute decision to extend the life of the Constituent Assembly is being analysed by many as a mature and wise move of Nepal’s political parties to avert the looming political and constitutional crisis and save the ongoing peace process. Based on the doctrine of necessity, there was no alternative left before the parties other than to extend the CA’s term. It was, therefore, not a choice of the parties but a compulsion. Moreover, the Constituent Assembly is the only popularly-elected body in the country, in the absence of which, popular and democratic legitimacy and credential would be lost.
There is, however, another logic equally plausible and rational, which states that the parties want to continue extending the CA’s term for an indefinite period. The parties are using the CA’s extension to blackmail the other parties to gain power. Last year, the Maoists bargained while the other parties tried to coax the ex-rebels to add life to the CA. This time, the Nepali Congress was playing the same role of that of the Maoists.
Once the CA ceases to exist, the country would fall into a grave political crisis and chaos, and the parties would also have a lesser role to play. Only some unscrupulous elements and external forces would have a hey day. In such an eventuality, the fate of democracy and our national independence could be at stake.
Whatever the reasons and compulsions, the CA has been given continuity for three months now to be probably re-extended by another three months. Beyond that, it may be impossible because of the Supreme Court’s decision which has ruled that the CA’s term cannot be extended beyond six months. This opportunity and time should be used to free the country from the transitional phase and usher in an era of peace and stability.
The extension by three months is a temporary solution. In the first place, the five-point deal is guided more by a power sharing formula than completing the political and peace process. Secondly, the differences that persist among the parties on some key issues continue to remain unresolved. Unless, these issues are sorted out amicably, the process of constitution writing cannot be complete. Moreover, there is no guarantee that the tasks that could not be accomplished in three years will be completed in three months.
There are some bases for doubting the completion of the constitution writing and peace process in the next six months. Earlier, army integration was viewed as the most difficult issue to resolve. But the parties have now exhibited some flexibility on this issue, and it is likely to be resolved soon. But the issue of federalism has come up as the most critical one.
The parties have their own versions and views on this issue, which is unlikely to be solved that easily. Given the complexity and sensitivity attached to it, national consensus would be impossible on the issue of federalism. All the major parties are committed to federalism, but this issue has lately become a headache for them. They are trying to find excuses to avoid federalism.
Parties other than the Maoists and Madhesis are not enthusiastic about the federal issue. But these parties are not prepared to speak their mind in public for fear of a backlash. Only a party called the National People’s Front led by Chitra Bahadur KC has come out openly against federalism, which fears that federalism would ultimately pave the way for the country’s disintegration. A section of the intelligentsia also subscribes to this view and thinks that a resource-strapped country like Nepal cannot afford federalism.
Looking at the essence of the five-point deal, the most important point is concerned with the resignation of Prime Minister Jhala Nath Khanal and handing over power to a national unity government. Given the mood of the ruling parties, the transfer of power will not be accomplished that easily. The prime minister has already thrown the ball into the court of the Nepali Congress and asked the main opposition party to create a basis for national consensus. But the Congress cannot do this without the support of the ruling parties. And unless this is done, the prime minister is not prepared to quit. The UCPN-Maoist - the largest party in Parliament - is also not in a position to walk out of the Khanal-led government.
According to the five-point agreement, a credible ground must be prepared for the peace process, which alone would make it possible for the CA’s extension by another three months. However, things are not likely to move ahead as thought and expected. Even last year, when the life of the Constituent Assembly was extended by one year, it was agreed that the prime minister would quit. But the prime minister refused to respect the gentlemen’s deal and step down. He was forced to resign only under mounting pressure from all sides, and remained in office for seven more months as a caretaker prime minister. Prime Minister Jhala Nath Khanal is likely to follow the footprints of his successor.
Thus, the real problem and challenges have now begun. The parties will have to complete the constitution-writing process in six months. This is imperative in the wake of the landmark verdict of the Supreme Court.
The Supreme Court verdict has compelled the parties to act swiftly. The parties were of the notion that they could keep on extending the CA’s term for an indefinite period. That is the reason why the parties paid scant attention to the constitution-writing and peace process. Now they have finally realised their limitations and constraints.
The parties have proved their failure twice in accomplishing their job of writing the constitution in time. If they do not give the country a new constitution in the next six months and complete the peace process, history will condemn the parties for their incompetence. In a multi-party system, the parties are the key players in politics. If the parties fail to steer the country out of the political quagmire and give a better alternative, it would send a different message to the people. The failure of the parties may be linked to the failure of the multi-party system itself. In such an eventuality, the Nepalese people would be compelled to seek an alternative political system.
The author can be reached at: yubanath@wlink.com.np
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