Controlling representation

To begin with, there are three different levels of elected bodies—the central/federal legislature, the provincial legislature and local bodies. At the central/federal legislature there are two houses—the House of Representatives and the National Assembly.  In the House of Representatives, 165 people are to be elected from single-member constituencies by the first-past-the-post (FPTP) system, and 110 people via the system of proportional representation (PR).  As pointed out by Hachhethu, the draft reduces the proportion to be elected by PR from 58 percent to 40 percent, in favour of FPTP. As well-recognised in the first and second Constituent Assembly elections, the PR system ensured meaningful representation of the marginalised groups. While women have special provisions that guarantee at least one-third of the seats in the new central/federal

legislature, this is not true for other marginalised groups.

Further, the draft notes that the proportional representation election to the House of Representatives will be according to ‘closed lists’. In the past, Nepali political party elites decided on a PR ‘closed list’ system that functioned very differently from the norm. In international practice, seats are filled from the top of the candidate list so that voters know who they will be voting for before the election. However, in Nepal, it was up to the political parties to nominate people from the list to the seats after the election. Without the additional terminologies of ‘ranked’ or ‘prioritised’ closed lists of candidates to be submitted by parties, there is a danger that the PR system will again devalue the importance of citizens’ votes. Moreover, in terms of the closed and ranked lists in the PR, it will be necessary to ensure that women and excluded groups are not relegated to the bottom of the list; they must be positioned on the list so as to actually be electable.  

Proportional without purpose

Additionally, there are various complications added by requirements in the PR system for the House of Representatives. As Hachheteu points out, the addition of the need to have a balance on the basis of geography, population, eight provinces, women, Dalit, Adivasi, Adivasi Janajatis, Khas Arya, Madhesi, Tharu, Muslim, backward regions and marginalised communities—18 categories all together—with representation by closed lists as regulated by law, is very confusing.  The extra requirements for diversity make it virtually impossible to implement the provisions, leaving the parties with much room to politically maneuver.

Importantly, the addition of the category Khas Arya (earlier ‘others’)—traditionally overrepresented in the FPTP—limits the quota percentages for the historically marginalised. Given the history of Nepal’s electoral experience, restricting special representation to politically excluded groups is necessary as is amending the confusing elements noted above.

Further, with the stipulations in the draft as it now stands, Madhesi parties will be forced to have hill caste people on their lists and half of the total number of people on the list need to come from the six provinces in the hills and mountains. While these parties were given exceptions in past elections, more permanent solutions must be sought with attention to special rights, PR lists and language.

Curtailing political diversity

The National Assembly, the second house of the central/federal legislature, will consist of 40 members, five from each of the eight provinces elected through the FPTP system. The president, by the recommendation of the government, will appoint five additional members. Because of the FPTP system, the largest party or coalition of parties will take all the seats. Thus, the political diversity of the province may not be reflected.

The provincial legislature will follow a similar electoral system to that of the House of Representatives. In terms of representation, the difficulties noted above apply, including the mandatory representation of already politically included groups of

Khas Aryas.

Finally, in terms of local bodies and local elections, the elections are to be undertaken through the FPTP system. The result, as is well illustrated by Nepali history, will be a lack of political diversity at the local level—Village Development Committees (VDCs) and municipalities. There is a requirement for 40 percent women but no other arrangements for marginalised groups. The importance of making local governments—the first point of contact for citizens with the state—inclusive and a center for social cohesion in the new Nepal appears to have been forgotten. Further, specifying that all VDCs must have nine wards and that the election will be ward-based in the constitution will give little room for future reforms.

Maximising 15 days

The 15-day review period for the draft constitution is clearly insufficient for meaningful public participation. At this juncture, maximising this opportunity requires all citizens, as well as experts, to study, give inputs and demand transparency in the ways in which their opinions are integrated into the draft constitution by their elected representatives.

Tamang is a political scientist