Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

deleted, as an IC. The House of Representatives would be restored (it had


been dissolved by the king in 2002 after differences with the political parties), and


Maoists would appoint additional members to it. These parties not only would enjoy a


majority but also were comfortable with parliamentary politics. Maoists, on the other


hand, were opposed to any association with the old regime, including the monarchy,


and wanted instead a round table for decisions on the steps towards a new consti-


tutional order (although few details on the round table were given), with a tailored IC.


The hardline elements in the other parties, particularly the Nepali Congress,


proceeded with the recall of the parliament, and the appointment of the leader of


the Congress as prime minister, thus ending fourteen months of direct rule by the king.


Consistent with the 1990 constitution, the recall of parliament and the appointment


of the prime minister were announced by the king in a proclamation.^4


Several changes were made to the Constitution by the reconvened parliament,


stripping the powers of the king. The king’s consent was not sought. Thus the modified


older constitution became the IC (although doubts had been raised by some about


the legality of this procedure), for the period leading up to the inclusion of Maoists


in the legislature (and ultimately the government). The Maoists never joined this


body or the cabinet, although it was agreed that the decisions of the cabinet and


effectively the decisions of the House of Representatives would be in consultation and


agreement with the Maoists. Concurrently, a three-member negotiating team was


formed by both the government of Nepal and the Maoists, and a ceasefire agreement


signed on 26 May 2006 .The negotiators signed an eight-point agreement on 16 June.


Included in the agreement was a request that the United Nations (UN) monitor the


behaviour of the two armies and arms use; in addition, the agreement announced


the decision to dissolve both the parliament and the government, with interim


measures taking their place. A week later, the Interim Constitution Drafting Commit-


tee (ICDC) was formed to draw up a draft interim constitution. Chaired by a respected


retired judge of the Supreme Court, the ICDC consisted largely of members of


the upper class (contrary to the agenda of the Janaandolan). Under pressure, some


members of the less advantaged communities were appointed, but the influence


of the upper classes remained crucial. Although expected to be independent,


its members were appointed by political parties and took instructions from them.


(^4) The full statement by King Gyanendra was: ‘Beloved Countrymen, Convinced that the
source of State Authority and Sovereignty of the Kingdom of Nepal is inherent in the people
of Nepal and cognizant of the spirit of the ongoing people’s movement as well as to resolve the
on-going violent conflict and other problems facing the country according to the road map of
the agitating Seven Party Alliance, we, through this Proclamation, reinstate the House of
Representatives which was dissolved on 22 May 2002 on the advice of the then Prime Minister
in accordance with the Constitution of the Kingdom of Nepal- 1990. We call upon the Seven
Party Alliance to bear the responsibility of taking the nation on the path to national unity and
prosperity, while ensuring permanent peace and safeguarding multiparty democracy. We
also summon the session of the reinstated House of Representatives at the Sansad Bhawan,
Singha Durbar at 1 P.M. on Friday, 28 April 2006 .’


Politics of constitution demolishing and constitution building in Nepal 375

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