KATHMANDU : Chairman of the Constituent Assembly (CA) Subas Nembang played a crucial role in promulgating the Constitution of Nepal amidst huge challenges to create a positive environment and bring dissenting political parties on board.
Through talks amongst political parties from different political movements, ideologies and backgrounds, Nembang had remained successful in issuing the inclusive constitution through the CA. In the wake of five years since the new constitution’s promulgation, Nembang told RSS that all people from diverse ethnic, lingual and cultural backgrounds should remain honest and serious in the issues of national interests. “We have to advance by implementing the constitution, which is a great opportunity for us,” he said.
Reminiscing the day the constitution was promulgated, Nembang recalled it as being a climax in the people’s 70-year-long call for drafting a constitution on their own. “That is the day when all achievements of struggles and movements in Nepal were institutionalized,” then CA Chairman added.
Nembang said that the historical moment came to fruition as a result of the united people’s movement. “We finally made the inclusive constitution from the second CA though the first attempt failed. This is really a historical aspect,” Nembang stated.
Despite many differences, the political parties and their leadership worked towards the constitution from the CA, he added. “On this historical day, I would like to remember the entire country and thank them.” In addition, Nembang said: “We issued an historic constitution with the federal democratic republic, secularism and inclusion from the Constituent Assembly.
In the constitutional history of Nepal, the people formulated their own constitution for themselves. This was the first time that the people were the source of the constitution and not any ruler. In this sense, the constitution was framed in a different way. There is no other authority beyond the people themselves.”
He added that the Constituent Assembly is much inclusive now, even from a political point of view.
“For example, our neighbouring country India’s constituent assembly was dominated by a single political party. However, in our case, there was representation of all political forces ruling during the time of the Panchayat system as well as the political parties that struggled against the autocratic Panchayat system, including the Nepali Congress, the CPN (UML) and others. Nearly 31 political parties, including the CPN Maoist Centre, the force that had waged an armed people’s war, as well as political parties were representing the various ethnicities, languages and peoples of Nepal”
Nembang further said that the constitution was framed through a participatory and consultative process as a document of agreement and consensus. He described the constitution as a flexible document and that all the political forces were now welcome to contest the elections, win the hearts and votes of the people and to enter the parliament bringing political changes of their choice.
Explaining the benefits to the Nepali people, he said: “We formulated new Acts and revised some other Acts to make them compatible with the constitution, and gave the people their rights in a historic manner within the three years since the promulgation of the constitution. We have provided so many fundamental rights to the people. This is really appreciable. We held the election to the local level and to the State and Federal Parliaments in the context of implementing the basic spirit of the constitution.
We have set up an inclusive system. Many important works have been carried out in the process of implementing the constitution. The people have become empowered. On the basis of this, we have declared that now the people need not wage struggle for political change and the way for political change is paved well through the constitution.”
When asked how remaining grievances related to the constitution can be addressed, leader Nembang said that this is a constitution of agreement and political understanding among several political parties that is made and endorsed by the Constituent Assembly. He added that despite this, the constitution might not be full and completely agreeable to everyone. According to him, having dissatisfaction and differences is not surprising.
“Talking about India, there were forces there in India’s south who did not accept the constitution for 10 years. It took 10 years for them to come to an agreement. But it is a matter of happiness in our case that all the political parties joined the federal parliament, the state parliament and the local level elections and the related process.”
Nembang argued that the constitution amendment related to securing Nepal’s border was unanimously passed in a historic manner which means that all political parties showed their support to the constitution. He also suggested that any grievances towards the constitution should be put forth in a respectable manner.
Responding to a query over the issue of stability, development and prosperity, Nembang said that Nepal has made lots of constitutional provisions not allowing instability in the country. The provisions including no facility to register, no-confidence motion against Prime Minister for two years, to dissolve the parliament by Prime Minister and to be candidate from two places in the election, has to present an option in the course of registering no-confidence motion against the Prime Minister.
“We have made a provision for a five-year term of the House of Representatives with an intention to allow the government to work for five years. We are aware that periodic elections take place under the new constitution and the Prime Minister elected from this election runs the government for five year. The Prime Minister presents himself before the people after the period and he/she might be repeated in the post if people want, otherwise, the country gets another Prime Minister,” he said.
Leader Nembang further said that there is no longer any dispute over the appointment and nomination of people in different posts. “I from the post of chairperson of the Constituent Assembly had said that we have promulgated the best constitution. We will implement it. The government and political parties should show skill and capacity to implement it. We have to look after it on the occasion of Constitution Day. We should be aware not to allow weaknesses in days ahead. We should move ahead making good things as the strength,” shared Nembang.
He added that criticisms have been found in different angles at different times in the course of implementing the constitution, and that the country has to accept it with respect. We have to correct if there are some weaknesses and there is no alternative to move ahead addressing the dissatisfactions seen in course of implementing the constitution.
Responding to a question raised on political appointments in constitutional and other bodies including ambassadorial posts, leader Nembang stated that it should be properly understood and realized by the leadership in the government adding that if there were any weaknesses, such weaknesses should be corrected. He further said that such questions were being raised time and again and peoples’ concerns should be heard.
Similarly, in relation to the costly election system and ambiguity in the proportional election system, Nembang argued that many things are being corrected in comparison to the past. Inclusive agendas are mentioned in constitutional and election laws. The publicity campaign is gradually becoming less extravagant and transparent in composition to the past. If anything is yet to be corrected then they should be corrected to strengthen the system.
As to what kind of message he wants to deliver to the people as a former speaker regarding the constitution on Constitution Day, Nembang urged all to abide by the constitution as it was achieved through the sacrifice of people and with a huge participation from all sectors. According to him, all political parties and forces that fought for change and political rights should be united to safeguard the constitution and political changes assured by it.
