A Historic Responsibility

Yuba Nath Lamsal

The date for the constituent assembly (CA) election has been finally announced. November 22 has been fixed for the historic occasion. Unless some unavoidable circumstances arise, people would vote to choose their representatives to write a new constitution. In other words, people, for the first time in the history of Nepal, would participate in the constitution making process, which is the best democratic process in the world.

Interim constitutionThe issue of constituent assembly election had been raised right after the 1951 political change that overthrew the century-old Rana family rule and ushered in a new era of multi-party democracy. The year 1951 not only introduced a democratic polity but also reinstated the King who had been ousted. Right after the political change, the reinstated king, Tribhuvan, in a message to the nation, had promised to hold the constituent assembly election to write a new constitution. In his message, King Tribhuvan, while proclaiming the interim constitution in 1951, had clearly stated that the interim constitution would be at work until the new constitution was written by the people's representatives through an election. However, this promise of holding the constituent assembly election slowly evaporated as the King in connivance with some political parties scuttled the political process. They, perhaps, thought that the constituent assembly election would not serve their interest. Instead of holding the constituent assembly election, the parliamentary election was held eight years after the political change in 1951. This move not only breached the promise made but also denied the people to participate in a democratic process of writing their constitution. It was the first mistake of the political parties and politicians not to push for the constituent assembly election and instead participate in the election held under the constitution given by the King.

The process of scuttling the constituent assembly election was the beginning of the conspiracy against the democratic system and people's rights. The 1959 constitution, on the basis of which the first general election was held, had made the King too powerful, which the King misused to dismiss the elected government headed by B. P. Koirala and ban the multi-party system and political parties. Had a constitution been framed by the constituent assembly, it might not have given absolute powers to the King. Thus, Nepal remained under the spectre of the King's authoritarian rule for more than 30 years under the partyless Panchayat regime.Even after the political change in 1990, the then political actors failed to visualise the situation clearly. The Nepali Congress (NC) and the United Left Front (ULF) that spearheaded the 1991 mass movement had reached a compromise with the King on three key principles. The tripartite agreement among the King, the Nepali Congress and the ULF had agreed on a constitutional monarchy, multi-party system and sovereignty of people. This put an end to the burgeoning mass uprising.

Accordingly, a constitution was written by the representatives of the Nepali Congress, ULF and the Palace, which was promulgated by the King. The parties that wrote the constitution described it as the best constitution in South Asia. The constitution did have some salient features, which must be appreciated. The constitution in principles accepted the sovereignty of the people for the first time in the history of Nepal. However, the fundamental flaw in the constitution was the process of its making. It was not the constitution of the people because there was no participation of the people drafting the constitution. During that period, there had been a demand from certain quarters, though feeble, for an election to a constituent assembly. However, this demand was scuttled by the Palace and the other principal political parties. Perhaps, it was the compulsion of the Nepali Congress and the ULF to opt for a quick way to promulgate the constitution as there had been repeated attempts from the Palace to sabotage the new political process. It should be mentioned here that the Palace had first constituted a constitution drafting committee without consultation with the Nepali Congress and ULF, but it was dissolved following strong opposition from the parties and the people.

Another event that needs to be mentioned here is that when the NC, ULF and King's representatives were giving a final touch to the draft of the constitution, the Palace prepared a parallel constitution, which had to be withdrawn after strong protests from the people, professional organisations and political parties. Thus, the Nepali Congress and the ULF had to opt for a quicker way to write the constitution and end the political transition. It was the necessity of the time.Thus, the debate and demand for a constituent assembly election remained unresolved, which resurfaced during Jana Andolan II. The constituent assembly election was the main agenda of the Maoists. Other political parties, namely the Nepali Congress and the CPN-UML, were a bit reluctant to go for the constituent assembly election as they were not sure of its outcome. Before the 12-point agreement reached between the Seven-Party Alliance (SPA)and the Maoists, the political equation was different. The King had imposed his absolute regime, summarily crushing the fundamental rights of the people and party activities. On the other hand, the Maoists were waging an armed insurgency. The seven political parties had been attacked from both sides. Despite that, the seven-political parties continued their agitation for democracy and human rights.

The situation and political equation changed after the seven-party alliance and the Maoists signed the 12-point agreement. This agreement is a watershed in Nepal's political development. Until then, the constituent assembly was the agenda of the Maoists alone. After the agreement, it became a national agenda as the seven political parties changed their earlier stance on the constituent assembly. At the same time, the Maoists agreed to suspend their armed offensive and join the peaceful democratic mainstream. On the basis of these two main principles, Jana Andolan II was launched, which was led by the SPA and backed by the Maoists. The people's movement eventually forced the King to bow down, restored democratic system and initiated a new political process in the country. Law and orderThus, the constituent assembly election is a national necessity, which must be held on schedule. We cannot and should not doubt over the intention of the government and the eight-party alliance in holding the election. But announcing the election date alone does not mean it will be held in time and in a free and fair manner. There are elements trying to sabotage this process. These elements must be checked, for which greater unity and solidarity of the eight parties and active mobilisation of the people are highly necessary. For a free, fair and peaceful election, law and order must be perfect. In the absence of security, people cannot exercise their voting rights freely. The present law and order situation is definitely not satisfactory. It must be improved, and the people need to be well informed and educated on the election process and its significance. Only then people can freely participate in the election process.

Source: The Rising Nepal, July 4, 2007