among the parties (particularly the Maoists and the others), and constant demands
for participation by the marginalised communities, meant that the executive was
frequently divided, unable to agree on policy, and rather ineffective. This
was compounded by the fact that whenever there were differences, the resolution
was worked out in meetings of the key leaders of major parties, instead of the
Council of Ministers, which also worked to the disadvantage of disadvantaged
communities. There were also major differences about the control and manage-
ment of the armed forces, and the integration of the Maoist army in the state army –
and the ability and willingness of Maoists to undermine state authority whenever
they did not get their way.
Legislature
The legislature had 330 members. Political parties or individuals who
opposed the April 2006 reform movement were excluded from participation in
the interim arrangements (IC, Article 45 ( 2 )). Only parties that were already
in the interim legislature were allowed automatically to compete in the elections
to the Constituent Assembly, while all other parties had to re-register by securing
the signature of at least ten thousand voting supporters (Art. 142 ( 5 )). For the first
time a significant number of members of the disadvantaged communities were
included, although they had been elected under a system which effectively
gave power to the older parties to determine which individual would be elected
(a kind of mixed member system). Unlike the executive, the legislature would give
way to this new body.
The CA has responsibility both for the functions of an ordinary legislature –
lawmaking, passing of the budget, and supervision of the government – and for
those of a constituent body to make the new constitution. Whether the same body
should be both legislature and constituent assembly has proved vexing in other
countries as well, although the trend seems to be toward separate bodies (because
different bases of representation apply to each, and also in order to avoid a lengthy
period for the making of the constitution as parliamentary business can consume a
fair bit of time). The rules that applied to the interim legislature were to be carried
over to the Constituent Assembly, with, indeed, the authority to pass legislation that
has long-term effects. In terms of the kind of legislation that can be passed, it is only
with regard to the executive’s sole responsibility vis-a`-vis ‘finance bills’ that a
distinction between different categories of legislation is drawn (Article 84 ( 2 )( 3 )).
The IC tried to balance the protagonists and opponents of a combined body by
enabling the CA to set up a legislative-affairs committee (Article 83 ( 1 )). This body
(which could be as large as a hundred members or more) would deal with
parliamentary and budgetary business, leaving other members to concentrate on
making the constitution. The CA did not use this option and has now exceeded its
original tenure by several years.