Miscellaneous
Constitution Drafting: How the process within CA will come to a finish?
While there is no sign of formal negotiation between government and agitating parties, particularly Tharus and Madhesis, the process of promulgating a new constitution is expected to reach another milestone within the CA on SundayWhile there is no sign of formal negotiation between government and agitating parties, particularly Tharus and Madhesis, the process of promulgating a new constitution is expected to reach another milestone within the CA on Sunday—with the completion of general discussion on the draft constitution.
After Sunday, CA members will have seven days time to register amendment motion on draft bill which—leaving only as many days to address the demands Tharus and Madhesis to be reflected in the new Constitution.
As major four-parties are not in favors of stopping the ongoing statute drafting process, there is an urgent need for consensus with the agitating parties within the next seven days.
UCPN (Maoist) is in favour of delaying the process after commencement of dialogue with the agitating parties. But, UML is against it. Instead, UML is proposing to even shorten the period of amendment registration by CA members to three days from current seven days.
"We have opposed the further shortening of the process as informal discussions are underway with agitating parties," said Maoist Vice-Chairman Narayan Kaji Shrestha.
NC and UML favour addressing the demands of the Tharus through a federal commission, while the Maoists support creation of a Tharu dominated province.
If an agreement is reached with the agitating parties and groups, any member of the CA could register an amendment proposal.
Once, the amendment registration period is over, clause-wise discussions on draft constitution and the amendment proposal will begin. The CA Chair has right to accept or refuse any amendment or to call upon the concerned members to make improvement thereon, or to accept by consolidating more than one amendment proposal.
According to article 70 of Interim Constitution 2007, there will be voting on the preamble and every article of the bill. The bill shall be passed by consensus of a meeting attended by at least two-thirds of all the then members of CA.
After the completion of clause-wise discussions and decisions on amendment proposals, a motion will be presented to endorse the draft constitution. The Bill will be authenticated by the chairperson. In the previous CA, authentication power was vested in the President, while under the current arrangement, CA chairman is entrusted with this power.
If the process goes unhindered, the President will sign off on the new Constitution amid a ceremony following which it will come into effect.