Excluded by these squabbles among the traditional elites, the response of these
marginalised group (coming from all political parties) was to form a caucus to agree
on provisions relevant to them and to lobby for them. At first this initiative was
resisted by party leaders, but eventually most groups had their own caucus. Their
lobbying was done in the thematic committees of the CA and seems to have been
quite effective. The reports of committees are detailed, and responsive to concerns
of the marginalised groups (there is some overlap and the occasional conflict, but
nothing that could not be resolved). Unfortunately the committee to consider and
harmonise the recommendations of the committee and produce the draft consti-
tution for adoption by the plenum of the CA failed to complete its work (allegedly
due to differences between its chair and the chair of the CA). This also hindered
the civic education function that the CA had decided on.
The marginalised groups’ strategy of caucus did achieve some success.
It undoubtedly empowered them and gave them confidence to participate in the
deliberations of the committees. But it had some problems. One was that there was
no overall strategy for the marginalised groups, as each group formed its own
committee without much effort at co-ordination. The party leaders themselves
did little to have dialogue with the caucuses, to establish some consensus on
what were in some cases very bold (and sometimes unrealistic or unwise) recom-
mendations of the groups (such as the schemes for autonomy by the Janajatis). If the
reports had been considered by the harmonising committee, it is very likely that
with the keen eye of party leaders, major differences would have emerged between
them and these groups, at a stage when consensus building would have been very
difficult.
iv. reflections on a decade of constitutional
debate and changeWhy did Nepal need four extensions of its interim constitution (and not a consti-
tution in sight)? Nepal’s experience throws considerable light on the necessity,
as well as the difficulties, of a political and constitutional settlement to end conflict.
Even without the narrow-mindedness of its political leaders (and the intense
politicisation of society by them) Nepal would have had difficulties developing a
consensus on a new political and social order.
Nepal is not the only country which has had to search new foundations of state
and society as it comes out of intense internal conflict. Perhaps even a majority of
recent constitutions have been enacted in countries coming out of conflict. It is not
possible in this chapter to discuss the issues raised by processes of ending conflict,
making peace and establishing new constitutional order. Many scholars and prac-
titioners argue that constitutions should be drafted and enacted only after the
causes and consequences of conflict have ended. Those who disagree say that
constitution-making is part of the process to end conflict and restore peace and