Democracy For Nepal: Reviving The Constituent Assembly

Wednesday, December 26, 2012

Reviving The Constituent Assembly

There might not be a legal, constitutional option to revive the CA. But there might be a political option, a revolutionary option.

Is CA Revival Possible?

For the longest time in 2005 I argued there was no option to revive the parliament. But the parliament was revived in 2006. So maybe the politicians in Nepal know something I don't know. Perhaps the CA can be revived. If it can be, then that might be the best option.

Considering the Maoists have vertically split and the Baidya-Badal group has somewhere between 108 and 115 members in the last assembly, Baburam might be duly ousted as PM. It is curious to me though as to how Vaidya can support Koirala but not Baburam. Baburam is not left enough for Vaidya, but Sushil is?

The best part of reviving the CA is due process will come back on track. The CA can pass all election related ordinances. It can duly oust Bhattarai. The UCPN(M) and the Madhesi parties on their own do not have half the strength, do they?

So if all agreed upon issues can be codified, and all election related ordinances can be passed, and Baburam Bhattarai can be ousted through a no confidence motion, and a new government can be duly elected, and the country can move towards new elections then the option to revive the CA has to be looked at.

What if the CA is revived through political consensus and the Supreme Court declares it null and void? Then the CA will have the option to wash away the entire Supreme Court with two-third decision. Impeach all judges at once.

I am for reviving the CA, if that is an option. That is a no brainer. Of course it would be great to have the CA back. It is a duly elected body.

The parties have had a hard time agreeing on a consensus prime ministerial candidate. But they can perhaps agree to revive the CA. If they can come to that consensus they can say so to the president and perhaps the CA can be revived.

This feels like resurrection. It is a biblical concept.

In a revived CA Vaidya would be leading the third largest party, ahead of the UML.

China launches world’s longest high-speed rail

trains scheduled to run 2,298 kilometres between Beijing and Guangzhou in about eight hours. ..... Travelling at an average speed of about 300 km per hour, the service would cut the journey time from more than 20 hours by conventional trains .... The opening of the Beijing-Guangzhou line brought China’s total length of operational high-speed railways to more than 9,300 km

FDRA proposal for consensus

As per the third option floated by the senior leaders, a new constitution should be promulgated from a revived Constituent Assembly (CA) by accommodating the issues that have already been resolved and then the new govenrment should be formed under the leadership of the opposition party...... "A new government led by opposition party will conduct elections for the CA or parliament that will resolve the remaining issues of new statute," Singh told about their proposal. ...... According to the fourth option floated by the leaders, a national consensus government can be formed under the leadership of an independent person comprising political parties. ...... The meeting concluded that the CA must be revived even if political parties want to go for CA polls. "We should not go for polls by removing constitutional hurdles [through the president]," Singh said, adding, "Revival of the CA even for announcing new polls is the safest way."

FDRA bats for CA revival
1,000 to participate in CPN-Maoist general convention

Then UCPN (Maoist) leader Mohan Baidya split the party after it adopted "peace and constitution" as the party´s line against his demand for a "people´s revolt". .... around 100 representatives will participate from India, Europe, America and other parts of the Asia. A total of 44 central committee members and 30 central advisory committee members will participate in the general convention as organizing committee members. .... The party has completed conventions of the village, municipal and district levels. Bhusal informed that the state committee conventions will be completed by 1 January. .... Both UCPN (Maoist) and CPN-Maoist had announced their convention dates after the split. UCPN (Maoist) general convention scheduled for February 2, 2013 is overdue for two decades. Pushpa Kamal Dahal has been leading the party since the 1992 general convention held in Chitwan.

I won't kowtow to become PM: Koirala

While rejecting the conditions set by Prime Minister Baburam Bhattarai for handing over government leadership to the party .... Koirala also warned of stringent protests if there was no consensus through negotiations. He asked all the regional presidents to be ready for election, fresh protests against the government and the challenges ahead. ..... Koirala along with other senior NC leaders also ruled out the possibility of joining the Bhattarai-led government at any cost. ..... He also vented anger over the party´s youth leaders´ meeting with the prime minister, whom the party decided to boycott, and acting as Bhattarai´s “messenger”. ..... All top leaders including senior leader Sher Bahadur Deuba, Vice President Ram Chandra Paudel, general secretaries Krishna Prasad Sitaula and Prakash Man Singh were very critical of the prime minister. ..... The regional presidents have also demanded that local level election be held together with the CA election by mid-May to help strengthen the foundation of democracy.

Ball now in PM's court

Bhattarai has already floated a proposal to nominate Dahal as the next prime ministerial candidate from the party if the NC and UML refuse to join the present government for a brief period..... But he will be termed anti-federalist if he proposes Koirala and will also be blamed for throwing out a government of his own party. The Bhattarai faction has been projecting Koirala as anti-federalist all along. ..... The president will only nominate a new prime minister in accordance with Article 38(1) of the Interim Constituent, i.e. at the recommendation of the political parties.

EC wants legal hurdles removed by next week to hold polls by mid-May
Bhattarai turns to NC youths to convey his stance
Prez again extends deadline till Dec 29

FDRA not to let oppn has its way

“I do not think Dahal alone can take decisions now. He will have to back down,” the source said and added a majority of the FDRA parties blasted opposition parties in today’s meeting, saying they were as anti-federalist and status quoist as the forces that stood against the change brought about by the 2006 People’s Movement. ..... Representatives of the alliance took stock of three proposals floated for a package deal: the nine-point riders set by the UMDF, three point decisions of the UCPN-M and five-point proposals of the 14 fringe parties within the alliance. ..... Fourteen fringe parties have proposed to amend the Interim Constitution through a revived CA. “If we have to amend the constitution, we must revive the CA even for a day,” said FDRA Spokesperson Prem Bahadur Singh, highlighting the five-point proposal presented by the fringe parties.

PM urges leaders to morph incumbent govt into natl govt

Bhattarai said that the Nepali Congress (NC) will get the leadership only after the national unity government formed under his leadership resolves the contentious issues attached to the much hyped constitution and fixed the date of fresh polls.

FDRA reiterates for Bhattarai led consensus govt

A meeting of the Federal Democratic Republic Alliance (FDRA) has decided to form a national consensus government under the leadership of Prime Minister Baburam Bhattarai.

Dahal tries to woo ruling alliance to be open on PM candidacy

a separate meeting of 14 fringe political parties came up with a five-point proposal with regard to formation of new government and ending the ongoing political deadlock. ..... They want that all the political parties represented in the erstwhile Assembly be included in the election government. ..... "We will take a decision based on the three separate proposals floated by UCPN (Maoist), UDMF and 14 parties" Alliance´s Spokesman Prem Bahadur Singh

The great Maoist game
Govt to give Birendra's land to tillers, tenants

A senior government official said on the condition of anonymity that the government decision was intended to distribute public properties to cadres of political parties.

PM threatens to boycott opposition

"Kishunji was a Gandhian. He would turn the other cheek if someone slapped him. But I believe in Marxist ideology. Therefore, I belief in tit for tat [principle]," the prime minister said. .... "If the opposition parties extended their hands of consensus toward me, I will follow suit. But if they want to incite conflict, it will go up," he further said. ..... The prime minister also said that his party could become a part of national consensus government to be formed under NC only if the NC and other opposition parties joined government under his leadership for some time. "Since my government is an elected government, the opposition parties in consensus should participate in my government first. And after that NC as the second largest party should get government leadership," he added...... the prime minister offered an alternative of the government leadership of small parties or independent personalities for holding the polls by mid-May