The arms management agreement signed between the government, the Maoists and the UN on December 8 has ensured that the process will go smoothly. The presence of UN experts and the expected arrival of a large contingent of experts have further strengthened the process of separating arms from its users, thus creating a healthy atmosphere for fair and free Constituent Assembly (CA) elections. Though the delay in the adoption of interim constitution and the formation of an interim government has not gone down well with the civil society, the arms management agreement has been widely welcomed as a good beginning towards meeting the goals of the historic November 8 summit decision.

Attention has shifted to the preparation for CA polls. This has raised questions, apprehensions and expectations. Immediate attention should be given to the holding the elections within the prescribed time and all preparations — legal as well as administrative — have to continue at a rapid pace. The nomination of chief election commissioner and commissioners has opened the way for the preparation of the electoral process but the delay in adopting the statute relating to the functions of the election commission is posing difficulties in holding the election on time. Preparation of the voter’s list is the EC’s most vital task as no citizen should be deprived of the right to express his or her choice. The task of granting citizenship to the deprived is still not easy. As long as this issue is not settled, the root of discontent will remain, which can later on lead to another conflict.

On the one hand, consensus should be built on the need for an inclusive democratic set-up to ensure proportional representation of women, Dalits, ethnic communities, and people of the Terai and deprived regions. But the decision to adopt mixed electoral system has led to doubts regarding just representation. The Confederation of Aborigines and Ethnic People has rejected the mixed system and is advocating purely proportional representation. Their voice must be heard. Though consensus seems to be emerging in favour of inclusive democracy, the question of state structure based upon unitary or federal systems has yet to be addressed for the proper delineation of constituencies and administrative units. One cannot forget Maoists’ contribution in this regard. For an inclusive democratic set-up, the importance of administrative units cannot be ignored. The question of unitary system versus federal system assumes great importance. However, the Maoists’ support for mixed electoral system might not satisfy the demands of a big chunk of population and dumping the issue of federation may further divide the populace.

The system of the person with the highest votes in a constituency winning the election has been practised in Nepal till date. This system is defective as, in most cases, the winner is elected through minority’s support. In the constituencies with more than two candidates the winner bags less than 50 per cent of votes. This does not make the election truly representative. This can be achieved through a method that ensures that no candidate can be elected until he or she gets over 50 per cent votes. The two contenders with the highest votes go into a run-off. In the second phase, one with over 50 per cent votes will be elected. But the question of inclusiveness remains.

The Maoists’ plan to select candidates from all segments on the basis of their population, thus giving opportunity to all — women, Dalits, ethnic groups, etc. However, it does not ensure that the final result of constituency-wise election will be proportional. Privileged groups might win polls. To guarantee that the results secure proportional representation, constituencies should be reserved for all stakeholders. But the introduction of such a mechanism will be both time-consuming and cause other problems. So proportional representation remains the sole solution. When the whole country should be taken as a single constituency, the parties and ethnic organisations could decide between them the number of seats won by each party and ensure proportional representation. For example, a party winning 100 seats in proportional system could decide to share seats on a 50-50 basis between men and women. Around 20 per cent of seats would be allocated to Dalits and 38 per cent to ethnics. Allotment of seats on the basis of population cannot ensure proportionality. Hence single electoral system should be adopted.

The CA is a sovereign body that can decide its working. It would be the CA’s prerogative to establish sub-committee or commissions to seek advice from experts. This negates the need for nominating experts in the CA. By this method all 425 seats can be contested democratically. Once an agreement is hammered out on election methodology, the task of adoption of relevant acts and administrative machinery will be hastened and the elections conducted on time. No delay should be entertained by the people eager to shape a new nation.

Upadhyay is a former foreign minister