CA continues its process despite SC order

KATHMANDU: The task force of the Constitution Drafting Committee of the Constituent Assembly on Saturday continued its process despite the Supreme Court’s order on Friday not to move ahead with the process of promulgating the new constitution without resolving federalism issues, including names and boundaries of provinces.

“Since the CA is the sovereign body for promulgating the constitution, the CDC’s task will not stop. Even yesterday’s SC order has not told us to stop the process of constitution drafting. Rather, it has instructed to settle all issues before delivering the new constitution,” said CDC member Krishna Bhakta Pokharel.

The task force, along with second rung leaders of major parties, discussed the disputed issues at the CA Secretariat in Singha Durbar and finalised the contents of the preamble, preliminary, citizenship, President and Vice-president, except a few terminologies related to them. “Whether the term pluralism should be included in the preamble is yet to be decided,” said a task force member on condition to anonymity.

The task force will try to settle the remaining disputed issues by tomorrow evening and table its report at the CDC meeting on Monday morning, the source said, adding, “If things are not settled by tomorrow evening they will be settled at the top-brass level”.

Some key disputed issues include – whether office bearers of constitutional bodies, including justices of Supreme Court should be reappointed after promulgation of the constitution till new appointments are made as per the new statute; whether to retain the existing districts as service centres; whether to mention the provision related to autonomous, protected and special regions under special structure to protect underprivileged/backward/minority groups or let the concerned state assembly bring separate laws regarding this; and whether to include pluralism in the preamble or under the section of executive.

The SC, in its order yesterday, said federalism issues have to be resolved by the CA and their resolution cannot be left for the transformed Parliament as stated in the 16-point agreement.

CDC Chairman Krishna Prasad Sitaula, who also chairs the task force, today ruled that the CDC would continue its task after Narsingh Chaudhari, CDC member from Sadbhavana Party, demanded that the CDC respect the SC order and stop work. After the ruling, Chaudhari boycotted the meeting.

“SP, TMDP, TMSP-N and SSFN are against continuing the CA process as that would violate the SC order,” said Chaudhari. SSFN leader Upendra Yadav said that his party had not decided yet about boycotting the CDC.