Membership of the CA
The interim constitution failed to delineate clearly the type of electoral system that
would determine the make-up of the CA. Although a mixed system of first-past-the-
post (FPTP, electing 205 members, finally raised to 240 ), proportional representa-
tion (PR) (electing 204 members) and appointments (sixteen members selected by
the Council of Ministers) is presented, the precise system is not included in the
sense that it was not specified whether it was mixed member proportional or a
parallel system. They eventually decided on the parallel system.^6 When nominat-
ing the FPTP candidates the parties should take ‘the principle of inclusiveness into
consideration’ (Article 63 ( 4 )), whereas for the proportional part the parties should
‘ensure the proportional representation of women, Dalit, oppressed tribes/indigen-
ous tribes, backward regions, Madhesi and other groups’. The first requirement was
too vague to be enforced but the second was further specified in the election law
and enforced based upon census data. Most members came under the auspices of
the older political parties (dominated by the same social class) – except for
representation from the Tarai. Originally meant for distinguished persons and
ethnic and indigenous groups who failed to be represented as a result of the
elections, the twenty-six Council of Ministers appointments became another
source of party patronage.
The CA finally consisted of 601 members. Such an assembly is undoubtedly very
large and did not prove conducive to holding detailed discussions or to building
consensus. To ensure proper participation in so large an assembly, careful thought
needs to be given to the procedures that must be followed in the CA: the proced-
ures should not unduly prolong the proceedings, and yet they should offer proper
opportunities for debate – a goal which has eluded the IC. A number of commit-
tees were also established.
Public consultation and participation
As stated in the preamble, a primary goal of the IC is to guarantee ‘the rights of the
Nepali people to frame a constitution for themselves’. The preamble also guaran-
tees persons qualified to vote the right to participate in ‘free and impartial election
of the Constituent Assembly in a fear-free environment’. The IC does not give the
people the right to participate in the process of the CA, though the original version
of the IC had provided for creating an awareness-raising committee to inform the
public about the process and to collect their views and recommendations to assist
in the drafting of the Constitution. However, the CA’s road map and plans did
include such consultations.
(^6) Under this system, allocation of PR seats to parties takes no account of seats won in the
constituencies.