Proposed changes

Amendment will be sought to at least three articles:

• Article 42: Right to Social Justice
• Article 84: Constitution of House of Representatives
• Article 286: Constituency Delimitation Commission

The concerns of agitating parties related to boundaries would be addressed through a federal commission to be formed within six months of promulgation of constitution

Kathmandu, September 27

A week after the Constituent Assembly promulgated the new constitution on September 20, the government has begun preparations to make first amendment to the constitution in order to address the concerns of agitating Madhesi and indigenous communities.

Attempts are being made to address their three major concerns -- related to boundaries of federal units, proportional inclusion and demarcation of election constituencies -- through constitutional amendment and talks. The major parties – Nepali Congress, CPN-UML and Unified CPN-Maoist -- are preparing to address the first concern through the federal commission after holding talks with the agitating parties and other two through amendment to the new constitution, according to sources. The three parties are scheduled to sit tomorrow to take final decision on it.

The government will form a federal commission within six months of the promulgation of the constitution with a mandate of making recommendations related to boundaries of federal units within a year, according to Article 295 of the constitution. The concerns of agitating parties related to boundaries could be addressed through the same commission, said the sources.

The government will register a bill in the Parliament and table it when the House session begins on October 2, seeking amendment to two provisions in order to ensure proportional inclusion of underprivileged groups in state organs and determination of election constituencies making the population major basis, according to Minister for Physical Infrastructure and Transportation Bimalendra Nidhi.

The government is preparing to bring the amendment proposal as assured by Prime Minister Sushil Koirala, CPN-UML Chair KP Sharma Oli and UCPN-M Chair Pushpa Kamal Dahal publicly, said Nidhi. “I held consultations with PM Koirala today about bringing amendment proposal and the PM has said he would instruct the concerned minister to introduce the amendment proposal immediately after the House session begins,” Nidhi said.

These are the concerns of not only Madhes-based parties but the agendas of Madhesi and indigenous members of the Parliament from NC as well, said Nidhi, adding, “The amendments to the provisions will address the major demands of all Madhesi people and indigenous nationalities.”

Amendment will be sought to at least three articles – Article 42: Right to Social Justice; Article 84: Constitution of House of Representatives; and Article 286: Constituency Delimitation Commission, according to the sources.

Participation of defined underprivileged groups in state bodies as per the principle of proportional inclusion will be proposed by including Right to Social Justice of Article 42 under the fundamental rights. This is the demand mainly raised by the indigenous communities.

The provisions of Article 84 (1) (a) and Article 286 (5) and (6) mention that 165 election constituencies will be demarcated on the basis of geography and population. The amendment proposal will seek to amend the provision so as to make the population the major basis for delineating the election constituencies as mentioned in the Interim Constitution 2007, according to minister Nidhi.

Article 63 (3) of the Interim Constitution provided electoral constituencies based on population, geography and special characteristics, “and in the case of Madhes on the basis of percentage of population”. Under this provision, Madhes, with more than 50 per cent of the population, got 50 per cent of seats in Parliament.