KATHMANDU: The Constitutional Committee (CC) is regarded as the most

important committee among the 14 committees of the Constituent Assembly (CA). The CA has 10 thematic committees, which are

mandated to prepare the drafts for different sections to be specified in the new constitution along with their conceptual outlines.

The CA has three procedural committees to assist the other committees. The CC has two important tasks: preparing

the final draft of the constitution-on the basis of CA committees’ reports, CA full meeting’s suggestion and public discussion-and drafting the constitution. Both of these tasks are outside the purview of the other committees.

Six of the 10 thematic committees have already submitted their reports to the CA. The CA has completed discussions on the reports submitted. The CA, at present, is without business, as the four thematic committees and the CC have not submitted their reports.

The CC will have to wait until the discussions of the 10 thematic committees’ conclude to begin drafting the constitution. However, it is falling behind schedule to prepare initial reports on the areas under its own purview.

The CC is now working on five areas: name of the constitution, subjects to be specified in the first part of the constitution, preface, political party and miscellaneous, state of emergency and transitional period. It has formed five sub-committees to finalise the issues. The five sub-committees have already submitted their reports to the CC.

The CC, a few days ago, formed a 19-member initial draft sub-committee led by Dev Prasad Gurung to prepare the CC’s initial report accommodating the five reports. Though, the sub-committee is mulling over the reports, it has not been able to resolve contentious issues. Like the five-sub committees, it has left almost all the disputed issues for the main CC to resolve.

For instance, the

committee has given seven alternative names for the new constitution.

CC Member Suprabha Ghimire says the CC has been unable to submit its initial

report until now as its work

was affected by lack of leadership for more than three months after the then CC Chief Madhav Kumar Nepal became the Prime Minister four months ago.

Contentious Issues

The CC has initiated debate on some contentious issues. However, it is yet to reach conclusion on many contentious issues outlined below.

Preface: The Unified CPN-Maoist, initially, proposed mention of ‘People’s War’ along with other democratic movements in the Preface while describing the current political transformation. However, the party was persuaded to replace the term by ‘armed revolution’ after other parties opposed.

Constitution as the Fundamental Law: Initially, the provision read: “This Constitution is the fundamental law of Nepal. All laws and behaviours/acts inconsistent with this constitution shall, to the extent of such inconsistency, be void.” The term ‘behaviour/act’ was later removed after most of the sub-committee members dubbed it as irrelevant.

Definition of Nation/State: The sub-committee members are divided over using the terms nation and state. The issue has been sent to the main committee for resolution as the members came out with different arguments and claims.

National Flag: UCPN-M proposed a change in the national flag so that it contains stars to represent all the provinces. Following the widening criticism against the proposal, Maoist chairman Prachanda, later, publicly said that they would not be rigid on this proposal.

National Emblems: CA members are divided over whether to have national emblems. Some suggested that the national emblems should be removed, as they do not represent all regions, communities and religions. Others suggested they should not be removed without proper justification. Some have proposed alternative emblems to replace the present one: Rhododendron Arboreum to be replaced by Marigold, Crimson colour to be replaced by maroon colour, which Buddhists use, Lophophorus to be replace by hen. CA members suggested that the cow should be removed as a national emblem as it is associated with Hindu religion. They said that it should be removed, as the country is now a secular state. Black Buck, one-horned rhino have been given as the options. However, all these issues have been sent to the CC for finalisation.

Constitution Amendment: Almost all CA members have advised rigid provisions about constitutional amendment on major issues of national interest. They have suggested flexible provisions for amending general issues. There is, however, no uniformity in this regard.

Political Party: The UCPN-M, initially, proposed prohibition on registration of “feudal and reactionary” political parties. Later on, it gave up its stance. Some small parties are not happy with the proposed provision that the parties’ working committees of all levels should be inclusive reflecting Nepal’s diversity. They say that it will be impossible to make a small regional party inclusive.

State of Emergency: A provision that prohibits dissolution of legislature by using the provision of state of emergency has been proposed.

Provision on removing constitutional hitches/difficulties: The sub-committee members are divided over whether to specify the provision

permanently or only for transitional period until the new government is formed under the new constitution. The sub-committee is yet to finalise the issue of the transitional period.

Thematic committees that have already

submitted their report

• National Interest

Preservation Committee

• Protection of the

Fundamental Rights of Minorities and Marginalized Communities

• Cultural and Social

Solidarity Committee

• Committee to Determine the Structure of

Constitutional Bodies

• Committee to Determine the Form of Legislative Bodies

• Committee on Judiciary

What’s in a name?

Seven options

• Nepal’s Constitution 2067,

• Republic of Nepal’s

Constitution 2067,

• Constitution of Federal Democratic Republic Nepal, 2067,

• Constitution of People’s Federal Republic

Nepal, 2067,

• Socialism Oriented Nepal’s Constitution, 2067,

• Liberal Constitution of Federal Republic

Nepal, 2067

• Constitution of

Democratic Republic State Nepal, 2067.