Nepal to be federal democratic republic

3rd amendment clears deck for republic

The Interim Parliament on Friday passed a third amendment to the Interim Constitution, stating that Nepal would become a federal democratic republic after the Constituent Assembly poll. Parliament amended Article 159 of the constitution. The amendment reads: "Nepal will be a federal democratic republic." The amendment also says the decision would be enforced by the first meeting of the Constituent Assembly." The amendment provides for parliament, through a two-third majority, to abolish the monarchy before the CA poll if the government is convinced that the king is conspiring against the poll.

The amendment also formally transfers the position of head of state to the prime minister. A proposal by lawmakers from the three biggest ruling parties to make new arrangements for the appointment of parliament's general secretary and secretary, has been incorporated in the constitution. Speaker Subas Nembang verified the bill Friday evening, bringing the amendment into immediate enforcement.

This is the third amendment to the Interim Constitution in less than a year. The constitution promulgated on January 16, 2007 was amended for the first time in March following a month-long Madhes movement, and for a second time on June 13 after the government's failure to hold CA polls by mid-June. Altogether 270 out of the 321 existing members voted in favor of the amendment proposal tabled by the government early this week. This number mostly comprises members from the three biggest parties-Nepali Congress, CPN-UML and CPN (Maoist).

Only three members -- Pashupati Shumsher Rana and Krishna Pratap Malla of Rastriya Prajatantra Party and Pari Thapa of CPN (United) -- voted against the proposal. Four members, two each from Rastriya Janashakti Party and Sadbhavana Party, boycotted the voting. Surya Bahadur Thapa, Renu Yadav of RJP and Rajendra Mahato and Yagya Jit Shah of Sadbhawana boycotted the vote. Altogether 44 members, including former speaker Tara Nath Ranabhat of NC and KP Oli and Jhala Nath Khanal of CPN UML, were absent during the voting.

Earlier, the House rejected amendment proposals tabled by RPP, RJP, National People's Front and Sadbhavana Party. The proposals by RPP and NPF to drop the names of the seven parties from the constitution, reduce the proposed number of seats in the CA and let the first meeting of the CA decide the monarchy's fate were rejected by overwhelming majority.

Amendment draws flak

Most opposition parties and some ruling coalition members criticized the constitution amendment Bill tabled by the government for its failure to address the issues raised by Madhesi, Janajatis and other agitating groups. Former prime minister and Rastriya Janashakti Party Chairman Surya Bahadur Thapa and Rastriya Prajatantra Party Chairman Pashupati Shumsher Rana alleged that the amendment was a blatant assault on the people's right to exercise sovereign powers.

"Constituent Assembly elected through fresh a mandate of the people is the only body that can exercise the people's sovereign power," said Thapa. "If this crucial decision is taken by the seven parties then where does sovereignty rest on?" He also warned of severe consequences because of SPA's authoritarian attitude. RPP Chairman Rana also claimed that it was solely the responsibility of sovereign people who can decide whether to declare Nepal a republic state or not. Similarly, Pradeep Giri of the ruling Nepali Congress criticized his party for denying lawmakers a chance for intense discussions on the serious political issues. He said the amendment has failed to address the genuine demands put forward by Madhesi people, but lawmakers could not take up the issues.

Rajendra Mahato of Sadbhavana Party warned that parliament would be without Madhesi members if there is no change in the attitude of the ruling big parties. Likewise, Pari Thapa of CPN-United, Chitra Bahadur KC of National People's Front, Sunil Prajapati of Nepal Workers Peasants Party and Kaman Singh Lama of People's Front Nepal urged the government to ensure the CA polls by addressing the issues raised by Madhesi, Dalit, ethnic and backward communities.

Source: Kathmandu Post, December 29