The six thematic panels of the constituent assembly have prepared and submitted their concept papers. However, the four others are yet to complete their assignment and submit their respective reports to the

apex body. The reports of the six thematic panels made available for public scrutiny dwell on different aspects of the constitution building ranging from rights of the citizens to creating public institutions for state building, among others, in the new federal democratic Nepal . But the content of concept papers do not appear to be of compatible merit and property .Thankfully, they are formatted as per the prescribed terms of reference to ease the task of the constitutional committee.

But, the organization of material and ideas is not very coherent to deserve appreciation. The coverage and quality of the concept papers are markedly different from each other. The quality of such kind of papers is defined and determined by understanding, knowledge and interest the members concerned had on the subject, how seriously they took upon their responsibility and who assisted them in the preparation of the report. The concept papers are assumed to discuss the relevant issues with reference to intellectual resources and

an elaborate enquiry into the background of subject, evaluation of the contemporary trends and practices on the issues relevant to the themes and their constitutional implications to the evolving context of the country.

Moreover, the concept papers should bear sincere reflection of the inputs

and submissions of the citizens and civic organizations furnished at different

times and occasions. The thematic papers should indeed form the bedrock of the constitution from which the constitutional provisions could be distilled and crafted out. The thematic papers can be said to permeate the quality of discussions, if not the erudition of the members of the constituent assembly.

Moreover, these documents will be referred or studied in future to ascertain the intents and purposes of the framers, if not the meaning of the relevant constitutional chapters and provisions. The Supreme Court of India and other governance institutions of the democratic nations take cues from the constituent assembly proceedings of India to deliberate and pass verdict on cases wherein constitutional principles are involved. However, not all papers furnished by the thematic committees in Nepal as pointed out earlier stand this test. Some concept papers look as they were a kind of set of answers to the issues on the anvil provided in the terms of reference. The concept paper relating to determination of the form and structure of the legislative organ can be taken as an example. The panel should definitely be thanked for arriving at convergence on some points of such important themes as the structure of the legislative organ under the federal democratic Nepal. It has been able to produce the preliminary draft on the theme relating to legislature for the new constitution as required from it. The dissenting opinions of the UCPN(Maoist) and Madhesi parties are not too problematic to hinder the process of arriving at total convergence. This can be resolved when the issues enmeshed in this theme are discussed in the constitutional committee composed of the senior and influential leaders of the parties.

However, it lacks in rigorous and comparative assessment of constitutional provisions relating to the structure and functions of legislature, among others,

in different federal countries with their implications for the Nepalese context . This is nonetheless necessary to substantiate the rationale of the proposed legislative provisions as we are bracing for the federal mode of governance supplanting the centralized unitary system for the first time in our history.

But the concept paper submitted by the thematic committee pertaining to national interest protection is much more comprehensive as it discusses the different constructs and principles and draws upon various relevant materials based on studies. The preliminary draft attached to the concept embodies crucial proposals for the new constitution to further and defend national sovereignty, resources and interest.

The concept paper relating to judicial system contains analysis of different aspects of the administration of justice with reference to the national context. But it fails to analyze different models of judicial organizations in federal countries and their experiences for the emerging federal nations like Nepal. Our judicial antecedents and traditions are more closer to the common law system with some elements of the civil law as well.

Despite the fact that different approaches have been mooted in the report concerning the organization of the judiciary, a radical departure will not be propitious and possible.

Finally, it is expected that the reports of the four thematic committees that are yet to be submitted will offer less conflictual and more proposals to be incorporated in the new federal constitution.