The people’s movement culminated in the royal proclamation for the restoration of the House of Representatives (HoR) on the basis of the roadmap agreed upon by the seven-party alliance and the Maoists for electing a Constituent Assembly (CA) for framing a new constitution, thus establishing peace and total democracy in Nepal.

The reinstated HoR has unanimously passed a resolution to hold elections to CA for framing a new constitution. It is a logical conclusion based on the premise that the existing Constitution is no longer relevant in the present context of the changing needs of the society. The sanctity of the Constitution being raped, its spirit challenged, its provisions misinterpreted and misused and extra-constitutional power acquired and exercised by the King on the one hand, and its failure to meet the growing aspirations of the different indigenous communities, Dalits, Madheshis and women at large, on the other, necessitated a decision to throw the existing Constitution paving the way for making room for a new constitution to serve the needs of the nation today.

Since the decision for holding elections to CA has already been taken up by the HoR, there is no point in amending the present constitution to empower the government to exercise its power. It looks strange and politically risky, too, to amend some of the provisions of the Constitution and keep the rest as they are. It would, therefore, be reasonable to make a brief interim constitution. As such a constitution is imperative, the reinstated House should pass an interim constitution to govern the nation till the elected CA completes framing the new constitution. Of course, in the meantime, there will be negotiations with the Maoists and their participation in the government will have to be guaranteed so that their say in the interim constitution would be confirmed.

All the unconstitutional actions of the King, rejecting the existing provisions of the 1990 Constitution, especially by those decisions and actions carried out under Article 127, had led towards virtually writing of another or a parallel constitution. Now, whatever actions the King has taken after the people’s movement and whatever declarations he has made, they all automatically form parts of the interim constitution. The reinstatement of the dissolved HoR has accepted the reality in an unequivocal term that the Nepali people are the real sovereign and the source of state authority. It should not be taken as a commodity that can be taken away or be given in accordance with the whim of any monarch. It is vested exclusively in the people. It stands clearly in opposition to the existing provisions of the Constitution. The acknowledgement of the spirit of the people’s movement and the roadmap based on the 12-point understanding reached between the alliance and the Maoists is another provision of the interim constitution. The royal expression of his confidence in the nation for forging ahead towards sustainable peace, progress, full-fledged or total democracy and national unity is yet another provision of the constitution. Since the King has already given green signal to the nation for achieving total democracy, he has very open-heartedly defined his no-role in the statecraft.

The second phase of writing of the interim constitution begun with the prime minister not taking the oath of ex-officio member of the Raj Parishad (Article 34), a constitutional body giving counsel to the king as and when required by the king. It clearly suggests that the advisory committee of the king is redundant when the King himself has accepted his no-role in the governance. The six ministers where made to take the oath of secrecy by the Prime Minister at Singha Durbar secretariat instead of the palace where traditionally the oath-taking ceremony used to be held in front of the King. The newly sworn-in ministers, too, did not take the oath of the ex-officio members of the Raj Parishad in the line of Prime Minister Koirala. All these suggest the uselessness of the Parishad. It is felt that good sense will prevail upon its members, including the standing committee members and the chairman, to relinquish their seats, sooner the better, as the doing away with the provision of the Raj Parishad in the interim constitution has already been practiced, hence incorporated in the interim constitution. Another significant provision that should be incorporated in the interim constitution is that the King is no longer “in the parliament” but stands outside it. All these provisions have to be enshrined in the interim constitution in order to be legalised.

The royal proclamation of April 24, the reinstatement of HoR and forming of the cabinet thereafter without any reference to Article 127 is a clear indication that the Article should be eliminated in the interim constitution. These provisions are not only in the process of being included in the interim constitution, but also in the ultimate constitution to be framed by an elected CA.

Prof Mishra is ex-election commissioner