What is Constituent Assembly ?

What is Constituent Assembly ? 


What is Constituent Assembly ?

Definitely, Constituent Assembly is a process of drafting constitution. It is the assembly of the people's representatives formed to draft the constitution according to the people's will and aspiration. You know, it is the outcome of democratic movement. 

Constituent Assembly is a democratic practice for drafting a constitution and how ? 

The constituent Assembly is a democratic practice for drafting a constitution because in this process of drafting constitution, there is more people's participation. The people can write their constitution by themselves in this process.; 

What is the necessity of Constituent Assembly ? 

The constitution prepared by the constituent assembly is more democratic. That's why, it is considered the best practice to institutionalize the sovereignty inherent in people and to make the citizens more powerful. Also it is easy to ensure the proportional representation in all organs of state. In short, we can say that the Constituent Assembly was formed many country with the objectives of institutionalizing democratic ruling system and writing the constitution on our own.

What makes people have faith on the constitution to be prepared from this Constituent Assembly ? 

Inclusive system to be practice in the formation of Constituent Assembly is the main reason behind the faith of people on the Constituent Assembly, its popularity and success. You know there is more people's participation and inclusiveness in the process of Constituent Assembly. There is proportional representation based on the gender, language, caste, region and composition of population. There are various processes of approving the draft of constitution and legitimating it in the Constituent Assembly. 

How was the constituent Assembly was formed in Nepal ? 

The Constituent Assembly was formed with 601 members who were elected on the basis of equality of population, geographical congeniality, and specificity, and on the basis of the percentage of the population in Madhes, in accordance with the mixed electoral system, as provided in the law, and nominated as follows: 

  1. The members elected on the basis of the first-past-the-post electoral system consisting of one member from each of the 240 election constituencies. 
  2. 335 are elected on the basis of the proportional electoral system where voters for parties, while treating the whole country as a single election constituency; and 
  3. 26 members nominated by the Council of Ministers, on the basis of understanding, from amongst the prominent persons who have rendered outstanding contributions to national life, and the indigenous people which could not be presented through elections. 
So, what provisions were made to make the Constituent Assembly more inclusive  ?  
Following, provisions were made to make the Constituent Assembly more inclusive : 
  1. While selecting the candidate for the first-past-the-post electoral system, there was a provision of representation based on gender, geography and population according to the principle of inclusiveness. 
  2. In the election of proportional representation system, there was a provision of at least 50% women representation from each class/religion. 
  3. There was a provision to make the number of women at least one-third of the total from the both electoral system. 
  4. There was a constitutional provision that while listing the candidates according to the proportional electoral system, political parties should consider the representation of oppressed group, poor, peasant and physically changed people. 
How long was the term of Constituent Assembly ? 

The term of the Constituent Assembly was for 4 years from the first meeting. But if the drafting of constitution could not be completed by the reason of the proclamation of state of emergency in the country, the Constituent Assembly might extend its term for an additional period not exceeding six months. 

How did the Constituent Assembly accomplish its task ? 

The election of Constituent Assembly was held on 28 Chaitra, 2064 BS. Its first meeting was held on 15 Jestha, 2065 BS. According to the constitutional provision, the new constitution was to be promulgated by 14 Jestha, 2067 BS. Due to disagreements between political parties on several issues, the house was not able to do the assigned job. This led to amendment of the term of the house again and again. On 11th Jestha, 2068 BS, ultimately, the supreme court of Nepal ruled that the repeated extension of the Interim Constitution was not right. It reasoned that an elected House is not supposed to extend its term again and again beyond the reasonable electoral mandate. On 15 Jestha, 2069 BS, the Constituent Assembly was dissolved, after it failed to finish the constitution drafting process despite repeated extensions. As a result, new election was held on 4 Mangsir, 2070 BS to elect the Constituent Assembly II. Finally, the Constitution of Nepal was promulgated on 3rd Ashwin, 2072 BS. President Ram Baran Yadav announced the promulgation of Constitution of Nepal, at a special meeting of the Constituent Assembly on 3rd Ashwin, 2072 BS. The President announced the commencement of the new constitution endorsed by the CA and as authenticated by then CA Chairperson Subas Chandra Nembang. 

You know, the Constitution of Nepal is the seventh constitution of Nepal. But this is the first constitution made and adopted by the Constituent Assembly which was specifically elected for this purpose. A total of 507 votes were casted in favor of the Constitution Bill while 25 votes went against it. Of the total 598 CA members, 532 were present at the meeting. 

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