The festive season over, the public attention has shifted back to the project of the Constituent Assembly election, particularly because of the differences among the seven party alliance on the issue of electoral procedure. The special session of the legislature-parliament voted in favour of full proportional representatation system, a move opposed by the Nepali Congress, which favours a mixed system. A debate has ensued if the adopted resolution is mandatory. Constitutional amendment requires two-thirds majority and in the absence of support of the Nepali Congress, it would be impossible to get this majority and thus the resolution would flop.

The NC leadership has meanwhile vowed to stand by the interim constitution and not to go against any previous understanding. This confrontational stand might open up divisions among the seven parties. Is the interim constitution so sacrosanct that the demands of the majority of the people — indigenous and ethnic groups, Dalits and Madhesis along with other political parties — can be ignored? What is in the constitution and how is it to be amended? A pragmatic answer has to be found.

A constitution is a product of political decisions of the people involved in drawing it up. There is a strenuous effort to forge a consensus so that the constitution receives universal acclaim and remain long-lasting. In case there is no possibility of a consensus, a majority decision is

accepted. The interim constitution of Nepal 2006 is also a product of political decisions of the eight-party alliance (even though the CPN-UML had added a note of dissent). In time, the Maoists, heeding the demands of ethnic communities, Dalits and Madhesis shifted their position in favour of the UML proposal of a fully proportional system. One must appreciate the change in Maoist stance in the wake of demands from the marginalised sections of Nepali society. NC as a democratic party needs to tune in to the popular sentiment and exercise flexibility regarding changes in the electoral system.

The uncertainty over holding of polls within 2064 has arisen due to poor law and order situation. When the unrest in Tarai has not been settled, new avenues of unrest should not be opened. Ignoring the demands of the great number of people in favour of full proportional representation will lead to dissensions. In the absence of an environment where people can cast their ballots in a free and fair manner, any ‘imposed’ election would turn into a farce and further divide the nation. Marginalised people have high hopes that they will be able to enjoy the fruits of a truly representative democracy. Their demand for fully proportional representative system is at the core of all their demands. The democratic political parties have to honour their sentiments. The legislative parliament’s decision to declare a republic through the first session of the CA has diluted the Maoists’ demand to adopt a republican setup immediately. The political parties in the alliance are, taken together, surely going to gain an absolute majority in the CA and major parties have already pledged to go for a republican setup. The issue of retaining monarchy no longer seems relevant.

The question of restructuring the state through a federal system has also been approved by all except a lone party in the alliance. The question of delineation of new political areas has to be decided by the CA. While the Maoists have already declared their administrative units, other political parties have yet to decide on the formation of new administrative units or even the basis to form such units. Naturally, all such issues have to be deliberated in the Constituent Assembly. A CA dominated by traditional powers cannot form a healthy political apparatus. And until and unless the marginalised communities feel their representation is satisfactory, lasting peace and progress cannot be achieved.

Those who have been supporting the mixed electoral system have not been able to allay the fears of the marginalised communities. Either they must give in to the demand of full proportional representation or find a way to satisfy those who are apprehensive of dominance of some vested interests by adopting certain political measures. The political parties, in order to allay the fears of the marginalised communities, have to start talking with them and show readiness to find a lasting solution.

The Maoists were the first ones to raise the demand for a political conference. For whatever reason, the question of calling a widely participated political conference could not draw the attention of other political parties. It is still not too late to convene such a conference which would allay not only the fears of the marginalised communities but also give guidance to the representative members in the CA to resolve intricate issues before the nation. Such a political conference could also deliberate on the question of electoral system, which would satisfy all and develop a consensus.

Upadhyay is ex-foreign minister