Sunday, December 15th, 2024

Constitutional amendment timeline uncertain amid govt delays


15 December 2024  

Time taken to read : 11 Minute


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KATHMANDU: The ruling CPN-UML and Nepali Congress (NC) formed a political mechanism on November 6, 2024 to support the government’s work.

Home Minister and Nepali Congress leader Ramesh Lekhak stated that the mechanism was formed to “enhance the effectiveness” of the government.

This mechanism was also intended to discuss the agenda for amending the constitution. However, it has yet to produce any visible outcomes.

While some leaders from UML and Nepali Congress admit that the coalition government formed by the two major parties has not inspired much enthusiasm among the public, a Nepali Congress leader told Khabarhub, “We have repeatedly raised the issue in the performance committee that the government has not done its job well. This political mechanism has become more of a spectacle, confusing the public.”

Prime Minister KP Oli, who assumed office according to an agreement for rotational leadership, briefed the party secretariat meeting on Tuesday, admitting that he has not been able to accomplish as much as he had hoped.

Sources indicate that while PM Oli may have expressed frustration externally, he acknowledged certain shortcomings in the coalition government following the Congress-UML merger.

Will the political party mechanism alone be sufficient for this study, or should a commission of experts be formed? There is no clear consensus on this within the Congress-UML coalition.

There was a discussion within UML that both parties should review the situation.

The eight-member mechanism designed to ensure the success of the government includes key figures such as Gagan Thapa, Purna Bahadur Khadka, Ramesh Lekhak, and Arzu Rana from Nepali Congress.

Similarly, UML is represented by Ishwor Pokharel, Shankar Pokharel, Bishnu Poudel, and Bishnu Rimal.

Despite being composed of “experienced and educated” leaders from both parties, this mechanism has not made much progress.

According to the seven-point agreement for government formation, PM Oli is set to remain Prime Minister until July 14, 2026.

After that, Nepali Congress President Sher Bahadur Deuba will take over the leadership until the general elections scheduled for the Nepali month of Mangsir 2084 BS.

Point number 2 of the seven-point agreement states: “We will strive to form a government of national consensus, prioritizing the necessary constitutional amendments and the formulation of laws to ensure political stability, while reviewing the strengths, weaknesses, and challenges that have emerged since the constitution’s implementation.”

However, despite five months having passed, there has been little progress in these discussions.

UML Senior Vice Chair Ishwor Pokharel says that seven to eight meetings of the mechanism have been held so far.

He states, “The mechanism is working on its own terms. We are also having discussions at the provincial and district levels. Meanwhile, the central mechanism is working to support and advise the government in its actions. The mechanism will achieve its objective and dissolve once that goal is reached.”

Pokharel further claims that mechanisms will be formed in all districts by the end of the year, with consultations and discussions beginning thereafter.

Nepali Congress Vice President Purna Bahadur Khadka asserts that the political mechanism is working according to the seven-point agreement. He believes that the agreement is being implemented as planned.

Khadka told Khabarhub, “We are holding several meetings and studying the details to ensure compliance with the seven points. Work is progressing in alignment with the agreement.”

He added that the government is running smoothly, and the agreement is being followed in a manner that does not deviate from the intended course.

“Once the mechanisms are activated in the districts, the work will proceed in line with the government’s objectives,” he adds.

Sharing in provinces and districts

The Congress-UML coalition has formed political mechanisms in various provinces and districts, claiming they will support the government.

However, these mechanisms have focused more on issuing statements related to the elections of the Federation of Nepali Journalists, rather than addressing constitutional amendments.

The mechanisms’ attention appears to be limited to political sharing, not the constitution itself.

So far, mechanisms have been formed in Koshi Province and Bagmati Province.

The mechanism in Koshi includes an equal number of Congress and UML leaders.

The Koshi mechanism includes UML’s Sherdhan Rai, Hikmat Kumar Karki, and Ghanashyam Khatiwada.

Nepali Congress leaders in the Koshi mechanism include Uddhav Thapa, Bhupendra Rai, and Umesh Thapa.

A political mechanism was also formed in Bagmati Province, including Nepali Congress leaders such as Indra Bahadur Baniya, Bahadur Singh Tamang, and Chandra Maharjan.

UML leaders in this mechanism include Rajan Bhattarai and Kailash Dhungel.

Leaders have stated that the process of forming mechanisms is underway in all 13 districts of Bagmati Province.

They argue that by the end of the Nepali month of Poush, political mechanisms will be formed in all provinces and districts.

Oli’s disagreement with the mechanism in principle

Although the Congress and UML have formed political mechanisms up to the district level, KP Sharma Oli, previously a critic of such mechanisms, has raised concerns about their legitimacy.

PM Oli argued that such mechanisms are not recognized by the constitution and could interfere with the government’s authority.

When the COVID-19 lockdown began, Pushpa Kamal Dahal ‘Prachanda’ proposed forming a high-level political mechanism to support the government.

At that time, UML Chairman Oli, who was leading the government, opposed the idea.

However, now, mechanisms are being formed up to the district level during Oli’s tenure as Prime Minister.

Does this suggest that such mechanisms are being created against Oli’s initial opposition?

On this matter, a Congress leader who is part of the mechanism told Khabarhub, “The mechanism was formed in consultation with the Prime Minister and continues to work in consultation with him.”

Why was there no discussion on constitutional amendment?

Leaders involved in the mechanism assert that it was created to facilitate consensus among all parties regarding the detailed discussions on constitutional amendments.

UML Senior Vice Chair Pokharel explains, “We are discussing how much of the constitution has been implemented and how much remains. These discussions include experts, all parties, and stakeholders. The necessary groundwork is being done. This is not about rushing decisions. Reaching consensus among parties is also a serious matter. Many points are still pending discussion.”

Congress Vice President Khadka concurs with Pokharel’s views. He claims that the mechanism will hold comprehensive discussions with all stakeholders on the constitutional amendment process.

“This is not something to be done hastily. It may have taken some time, but the mechanism is still working through informal meetings,” Khadka said.

“No formal work has been completed yet. Extensive internal preparations are underway, and some issues will be discussed after Poush.”

Meanwhile, Rastriya Swatantra Party (RSP) Deputy Leader Biraj Bhakta Shrestha suggests that a detailed discussion on the constitutional amendment should also examine the status of its implementation.

He added that amendments to certain agenda items are necessary and that achieving consensus among all parties is crucial for this process.

When will the Constitution be amended?

One of the key agendas in the formation of the Congress-UML government is the amendment of the constitution.

Essentially, the two parties have agreed to establish a system in which one party will secure a majority through changes to the electoral system.

If the Constitution is not amended during KP Oli’s tenure, it will not be possible to amend the Constitution and the electoral law once Deuba becomes Prime Minister.

To begin, it seems necessary to first assess what types of constitutional amendments would be appropriate.

Will the political party mechanism alone be sufficient for this study, or should a commission of experts be formed? There is no clear consensus on this within the Congress-UML coalition.

Another question is: when will the constitution be amended? What is the timeline?

With just one year and seven months remaining in KP Oli’s government term, constitutional amendments could take considerable time. Let’s assume it will take two months to conduct a thorough study.

After that, a few months will be required to prepare a concrete proposal for the amendment.

Subsequently, efforts will need to be made to reach a two-thirds majority consensus among the parties, which will also take several months.

Given this timeline, will the KP Oli-led government be able to prepare and finalize a constitutional amendment proposal within the next 17-18 months?

The ruling party leaders do not seem to be fully committed to this issue.

It’s important to remember that according to Article 274 of the Constitution, even after the amendment proposal is prepared and registered in Parliament, the process could take several more months.

The proposal must be made public within a month of its submission, then sent to all seven provinces within 30 days of its presentation in Parliament.

Provincial assemblies can review it for up to three months. Therefore, the process of amending the Constitution could take 5-6 months to complete, even after the proposal is submitted to federal Parliament.

Another critical factor to consider is that amending the Constitution alone will not be enough.

Once the Constitution is amended, the electoral law will also need to be updated to reflect these changes before the 2084 BS elections. This may take additional months.

However, based on the current approach of the Oli government, it seems unlikely that the Constitution will be amended, and a new electoral law will be created under Oli’s leadership.

If the Constitution is not amended during KP Oli’s tenure, it will not be possible to amend the Constitution and the electoral law once Deuba becomes Prime Minister.

Deuba will take office in July 2026, and will have only 15 months to act. Of this time, elections must be held by the Nepali month of Mangsir 2084 BS.

After the Nepali mointh of Bhadra 2084 BS, the government’s role will become temporary, and policy decisions will no longer be feasible.

The Election Commission must receive the law at least six months in advance, meaning a new law must be in place by the first day of 2084 BS.

Publish Date : 15 December 2024 06:26 AM

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