Opposition Withdrawal from Constitution Amendment Discussion Committee: Doubt or Sign of Noncooperation?
Image source, PMO Nepal
Despite representatives from four opposition parties simultaneously announcing their withdrawal from the constitution amendment discussion committee led by political advisor Asim Shah of Prime Minister Balendra Shah ‘Balen’, a committee member has stated that the committee is still preparing to submit a report including all available documents by the end of Ashad.
“We had reached the final stage. Limiting to 124 points, we were prepared to move forward with amendments where consensus existed and to place non-consensus topics for further debate in the report. Now, we will incorporate the facts, our points, and received suggestions to prepare the report,” said Mohanlal Acharya, a member of the National Independent Party (RASWAPA) and the committee.
He also expressed suspicion regarding the intentions of the opposition representatives who raised questions and left the committee at the last moment.
On Ashad 22, a press release was issued by Dev Gurung of the Nepal Communist Party, Surendra Jha of the Janata Samajwadi Party (JSP), Manoj Bhatt of the Rastriya Janamorcha (RAJMO), and Laxmanlal Karn of the Loktantrik Samajwadi Party (LOSPA), announcing their withdrawal questioning the committee’s ‘purpose and process.’
The committee initially formed with representatives from nine parties, but the Nepali Congress did not participate from the start, while representatives of the CPN-UML also left after some time.
Beyond the four parties that issued the press release, representatives of the Labor Culture Party have reportedly been barred from speaking in meetings. Following this, the committee now includes only government-side RASWAPA and one opposition party, the Rastriya Prajatantra Party.
Doubt and Concern
Following the single majority government of RASWAPA in the elections held on Falgun 21 last year, the committee was formed to prepare a discussion paper on constitutional amendments as mentioned in its election manifesto.
The committee was initially granted a two-month term, later extended by one month, making a total of three months ending at the end of Ashad.
However, after opposition members left the committee after 83 days, the entire process has become uncertain.
Nepal Communist Party leader Dev Gurung cited three reasons for the withdrawal.
“First, this parliament does not have a mandate to write the constitution, yet it appears as if there is an attempt to apply all constitutional clauses and articles. Second, our demand to commit not to touch the fundamental constitutional values was not met. Third, we believe that the model where party consensus is sought before making further amendments is appropriate,” he said.
LOSPA leader Laxmanlal Karn also expressed doubts about the government and committee’s intentions and the process.
“Where is the discussion paper headed? We requested that proposals on federalism, republic, secularism, proportional inclusion, and such not be touched, but they adopted an approach of categorizing issues as agreed or disagreed,” Karn said.
He also mentioned that despite repeatedly requesting written clarification of the government’s stance, no response was received.
Opposition parties added they became more alarmed after issues around not forming provincial assemblies surfaced in RASWAPA’s recent general convention.
“A provincial structure cannot exist without provincial assemblies. We cannot tolerate being part of a process that effectively abolishes federalism,” Karn stated.
Scope of Planned Amendments
Image source, RSS
According to Gurung, there are differing opinions within the party regarding the system of governance.
“There may be some differing views on governance systems, but this issue arises affecting the separation of powers. If an executive president or executive prime minister system is introduced, parliamentary supremacy would be affected. And can a federal structure exist without provinces?” he questioned.
According to point 10 of RASWAPA’s election manifesto, the discussion paper will minimally include topics such as “directly elected executives, a fully proportional parliament, arrangement where parliamentarians are not ministers, non-partisan local governments, and an improved provincial structure.”
After opposition parties withdrew, RASWAPA MP Mohanlal Acharya stated they will now be compelled to incorporate their party’s concepts into the discussion paper.
“We have asked that fundamental constitutional values remain untouched. But saying topics should not be debated is unreasonable and could cause bigger problems,” Acharya said.
What Will the Discussion Paper Include?
The committee has been consulting with former chief justices, former prime ministers, former presidents, private sector representatives, and people from various levels and sectors.
Committee member Acharya informed that over 44,600 suggestions have been received from across the country.
They plan to incorporate these topics and suggestions into the discussion paper’s report.
“Our primary goal is not to touch the fundamental areas of the constitution. If the parties’ stances were clear, it would be easier before upcoming elections,” he added.
“The discussion paper does not imply immediate amendment. If amendments are to be made, the government would draft a bill.”
When the government formed the committee, Nepali experts had observed the complexity and sensitivity of the constitution amendment issue which could raise questions. The developments during the committee’s term ending are expected to have some influence on the report.
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