The ICDC published its proposals for the IC on 25 August. Some essential issues
were missing – primarily because political parties were unable to agree on them.
The people who had expected to be consulted were disappointed: although a large
number of submissions were presented, the ICDC made little attempt to encour-
age the people to come forward with proposals, and no public hearings were held.
Although the ICDC claimed to have studied the written submissions, the public
was sceptical – and the submissions remained confidential, even though in some
cases their authors gave them to the media.
The basis of the IC had been provided for in the Comprehensive Peace Agree-
ment (CPA) between the political parties signed on 21 November 2006. It provided
for a permanent ceasefire and a constituent assembly, to be elected in mid-June
- An IC would be enacted to provide the framework for the administration of
the country as well as for the adoption of a new constitution. Nominees of the
Maoists were to be added to the House of Representatives, in addition to another
forty-eight members to broaden representation. The future of the monarchy would
be resolved at the first meeting of the Constituent Assembly. The CPA committed
the parties to the protection of human rights, transitional justice, the management
of arms and the integration of armies under UN supervision, and social and
economic transformation.
The IC that resulted from this enterprise was lengthy, with 167 articles and
several schedules, including one annexing the CPA. This IC was inevitable given
the Maoists’ position that the 1990 constitution had to be repealed. The IC served
two principal purposes. First, it became the foundation of government with
detailed provisions on the executive, legislature and judiciary, as well as a few
independent commissions. In this respect it bore a remarkable resemblance to
the 1990 constitution. But it had a more elaborate bill of rights, responding to the
concerns of the disadvantaged communities – and an even more substantial set of
principles and aspirations. The second objective of the IC was to provide the
framework for the making of the new constitution. Not much was said about the
values of the new constitution, but it was implicit that the provisions for human
rights and other principles which formed part of the transitional arrangements
would be reflected in the new constitution. However, no agreement could
be reached on two crucial issues: the future of the monarchy and the
methods for electing the Constituent Assembly. The IC provided for no formal
role for the monarchy.
The IC was approved by the House of Representatives (still operating under the
1990 constitution) and endorsed under the IC by the new parliament, which now
consisted of all the members of that house and, additionally, nominees of the
Maoists – the former in the morning and the latter in the afternoon, in both
chambers with limited opposition (mostly from parties loyal to the monarchy).
No fresh elections were held. The IC was amended several times before the
election of the Constituent Assembly (CA).