And if this happens, it will put a question mark on the CA role. The question is: How can CA be declared illegitimate until it accomplishes its task of drafting the new constitution?
Maoists’ propaganda and mobilization of its cadres in the streets have led many to believe that CA is unable to write the new constitution. Actually, from the very beginning, Indian Maoists warned that CA was a trap for UCPN-Maoist aimed at diverting their struggle into the web of bourgeois parliamentarianism and compromises. A two-thirds majority is needed for the parliamentary committees to approve the different sections of the new constitution, and given the present political scenario, this seems almost impossible.
Therefore, compromising and adopting a hybrid “centrist” constitution would hardly fulfill their interests. Realizing this, ultra-left within the Maoists have started using all means at their disposal to sabotage CA.
Following the footsteps of the October revolution that took place in Russia almost a century ago, they came to the conclusion that old bourgeois parliamentarianism has outlived itself and that it is completely incompatible with the tasks of building socialism. On January 6, 1918, the Bolsheviks dissolved the constituent assembly, declaring that all power belong to the workers, peasants and the poor.
But when the representatives of workers and peasants came together in Petrograd (St Petersburg), the Bolsheviks got rid of them too. Exactly, the same degree and nature of radicalism is found in the Maoists’ behavior as evident from their mass protests. Consolidating power through a regime change, declaration of election and an assembly with a two-thirds majority are some of the steps that can execute the agendas of ultra-left to promulgate a socialist constitution. Thus, confrontation -- rather than consensus -- fulfills their goals of dismantling bourgeois parliamentary system and liberal democracy.
Using this vacuum as an opportunity, the extreme right-wings will make efforts to halt the process of revolutionary democratic change and make sure that CA fails in fulfilling its responsibility, which can lead to confrontation between the progressive forces. With the clear aim of coming to power, the status quoists and the left extremists will try to discredit CA that embodies people’s aspirations. Despite its many flaws, CA is one of the most effective mechanisms for citizens to address the longstanding issues.
According to a poll conducted by a reputed media house, most Nepalis are still in favor of the assembly’s extension if an agreement could be reached on key contentious issues, including the basic orientation of the new constitution, integration-rehabilitation of the Maoist combatants and power sharing. 42.6 percent are in favor of extending the CA term, whereas only 12.6 percent for the CA dissolution and fresh elections. The poll results clearly indicate that the majority still support CA to strike a decisive blow to nationalism.
CA is the ultimate way to promulgate the new constitution that aims at establishing a more egalitarian, plural and just society. Therefore, it represents hope for the millions of marginalized who want to have a say in the political and economic issues.
CA has already accomplished a lot. If we are to quantify, it is safe to say that 89 percent of the work on new constitution is already done. It is the key political leaders who are indecisive on the basics such as governance, federalism, power-sharing and check-balance modality. With a total disregard to what has been accomplished so far, some constitutional experts are repeatedly stating that the CA term cannot be extended.
It may be constitutionally incorrect to extend the term but if we are to look at it from a broader political lens, increasing the timeline is the only viable and less risky option to deal with the fragile political situation.
Chairman of the Constitutional Committee, Nilambar Acharya has already made it clear that the crisis that may arise will be political not constitutional. This is what the lawyers do not understand. Otherwise, they would not have suggested for a fresh election which is not envisioned by the interim constitution. Other countries too have extended the CA deadline. For example, Bolivia where after a heated debate and with just three days before the assembly’s mandate was due to expire; the Bolivian congress approved an amendment extending the term of constituent assembly for an additional nine months.
Rightists and centrists are incapable of defending the assembly and question those who are about to come to power by forced consensus (balajafti Sahamati). Having a strong hold over mass organizations of the working class and the streets, UCPN-Maoist with a strong working class base, and as a party that controls the streets, is capable of leading the struggle of these classes with populist slogans.
Thus, Nepali Congress and CPN-UML will be able to do nothing to control the violence perpetuated by UCPN-Maoist and its sister organizations. There is no other way but to shun the Maoists who are not for political stability in the country. However, there should not be any illusion that the resumption of the assembly has a direct linkage to defend the inclusive democratic system that can be achieved with the broadest mobilization of the masses in the streets. No power in the country is higher than the elected representatives.
In order to make CA restore normalcy and strengthen the new order on the basis of public legitimacy, media and civil society have to be supportive of the institution. However, looking at the current trend, they seem to be more critical and are bent on discrediting the CA members, which in turn, defames the parliamentary democratic system as a whole. Even credible news agencies such as the BBC air derogatory remarks directed against CA and its members. British news service should know that democracy itself is an expensive system and the Speaker of the House of Commons -- Michael Martin -- resigned in 2009 due to his failure to rationalize MPs’ expenses.
Having wider public implications, this kind of message can cast a shadow over the whole parliamentary system. Moreover, the expenses made by the CA members for the constitution-writing is relatively lower than the amount received by the non-government organizations for the same purpose.
Everyone is tired of this ongoing 22-hour curfew imposed by UCPN-Maoist. Thus, political parties of the ruling coalition have to show urgency and maximum flexibility in responding to the demands of the UCPN- Maoist, but at the same time not to give up democratic values. Strong positions of either side will only lead to political polarization and undermine CA.
The political scenario has deteriorated so much so that all parties are afraid of reaching a consensus for the fear of losing credibility. The only face-saving strategy for all parties involves is extending the CA deadline.
dipjha@gmail.com
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