Slippery edges

The arduous task of constitution drafting is proceeding albeit amid some controversies. What should have been accomplished at a speed justifying the all-important mission, the pace is rather discouraging. To speak of the reality, the Constitutional Committee (CC) has submitted its concept paper and preliminary statute draft to the Constituent Assembly (CA) Chairman Subash Nembang. The CC is considered to be the most important among the 11 thematic committees of the CA, and it has become the ninth one to present its paper. The other committees that are yet to submit their reports include the Committee on the Forms of Governance and the Committee on State Restructuring and Distribution of State Power. This alone is enough to point to the tortoise pace with which the statute drafting task is moving. The CC should be appreciated for doing its task so far, as it could not do it at any faster pace all because of the clash of interest among its members. This further necessitated voting to resolve some of the key issues. Of course, it should have been consensus that should have ruled over the provisions to be included in the preliminary draft. This particular draft, with 219 pages with 98 provisions finalized, will have to through an elaborate process of discussion in the full meeting of the CA. Therefore, besides some inalienable provisions to which there will be agreement, the others will have to go through extensive debates before becoming finalized.

The reference to the slow pace of statute drafting work comes repeatedly because not even five months remain for the draft with all its complexities to be prepared,

discussed and debated on each every point, before being given the green

signal, if the need for a referendum does not come up. This is a moot point because as of now the UCPN (M) has its own views and ideas opposed to that of NC, UML and other mainstream parties. This

makes it a task to reckon with to get the draft gain approval within the shortest time possible. Yet, the controversies have not abated as there are parties like UCPN (M) that feel lost with some of its suggestions not getting space in the said draft. This glaringly brings out its attempt to have the statute in its own way which is not possible in the constitution drafting scheme that is applicable.

This discontentment cannot be justified when it comes to the draft of the new constitution that

has ramifications for a long time to come. Ad hocism and partisan interests cannot determine the

texture of the constitution that is awaited so anxiously by the people who had sacrificed so much to give the mandate to the political parties represented in the CA. This not only exhibits the democratic way of statute drafting but also the great emphasis on consensus that has been paid only lip service by the largest party in the CA. It is arguably a time to

join heads at reaching a commonly agreeable meeting ground. But, the display of force through the several levels of protest programmes is creating obstacles that have impeded the normal peaceful day-to-day life of the people. UCPN (M), in this respect, has cards up its sleeves as bargaining chips for it to say “yes” to consensus.

Breaking the queue

Plans are on the offing to make available special tickets for a sum of Rs. 500 to Rs. 1000 for those wanting to avoid the long queues to pay obeisance to Lord Shiva during this year’s Mahashivaratri in Pashupatinath temple. On this day there are serpentine queues of devotees numbering lakhs. Due to the large crowd many people are unable to enter the temple premises and have to return disappointed. The Pashupati Area Development Trust say that they are prepared but every year the management is found lacking. Incidentally, some Indian shrines charge special fees too for those who want to avoid the long queues. Therefore, this scheme is not novel but for it to succeed the PADT has to improve on its previous performances.

During Mahashivaratri it is found that many of the devotees are denied even the basic amenities. Although there are many charitable organizations and also government bodies supposed to be looking after them, they are unable to provide them with these facilities. Thus, the PADT should not be looking only for the profit motive but should also facilitate the devotees and other visitors during the festivities.