Leaders put their signature in the interim constitution
The ruling Seven Party Alliance (SPA) and the Maoists finalized the interim constitution draft early Saturday morning. While remaining silent on the issue of head of state, they have agreed to transfer all authorities of the head of state to the prime minister during the transitional period.
Following days of intense debate over who should be head of state, the parties arrived at a consensus not to mention anything on the status of the king who has been stripped of all powers until the first meeting of the constituent assembly, which will decide the fate of monarchy.
In a comprehensive peace accord signed on November 22, the parties had agreed to decide the fate of monarchy through the first meeting of the constituent
assembly. They had also agreed to nationalize the king's property inherited by virtue of ascendance to the throne and put late King Birendra's and his family's assets in a trust. However, the private property of King Gyanendra will remain with him.
Top SPA and Maoist leaders finalized the 168-article draft constitution Saturday morning. The interim constitution will, however, come into force only after the process of arms management is complete. The date of the agreement will be mentioned as December 15 as the parties take Poush 1 (December 16) as Black Day because on this day in 1960, the panchayati constitution was promulgated.
The arms management process includes cantoning the Maoist army, verification of their arms, locking up arms in containers and installing electronic devices by the UN. An equal number of arms from the Nepali Army is also to be locked up and the army is to be confined to the barracks as per the November 28 agreement on arms management.
The ruling parties and Maoists also agreed Saturday to provide reservation for women, dalits and other backward communities only in the 204 seats to be elected through proportional representation system. They agreed to make the list of candidates to be elected from 205 geographical constituencies more inclusive.
The Election Commission will finalize other technical aspects of the election like number of ballot papers and ballot boxes after due consultation with the parties, according to the agreement.
As per the new constitution, all the people born before or residing since the 1990 movement will be regarded as Nepali citizens.
The parties also agreed to provide for a six-member Security Council for the purpose of mobilizing the Nepali Army. Apart from ex-officio members--prime minister, defense minister and home minister--the prime minister will nominate three members from among the cabinet ministers in the Council.
They also agreed to keep intact the traditional national symbols including national animal, national bird and national flower. The Maoists were insisting till the last hour to replace the existing national animal cow with something else but no suggestion was made.
The issues of head of state, electoral system, some fundamental rights including the rights to education in mother tongue, healthcare and employment and cow as the national animal were major differences in the draft constitution prepared by former Supreme Court justice Laxman Aryal-led committee. Later, a team comprising Home Minister Krishna Sitaula and Maoist leader Dr Baburam Bhattarai worked on the draft for six days.
As per Saturday's agreement, the rights to education, healthcare and employment are addressed in the directive principles of the state policies and will be guaranteed through separate laws.
As per the agreement, the new constitution will provide for a separate Constitutional Council to recommend appointments in constitutional bodies. The constitution agreed to on Saturday has made it mandatory for judges to take fresh oath of office under the new constitution. Some fringe leftist parties in the ruling alliance and the Maoists were insisting for fresh appointments but larger allies opposed it saying it would politicize the "independent" judiciary.
The present parliament restored last April will promulgate the constitution while an interim legislature to be formed after inclusion of Maoists will endorse it.
Top leaders of the SPA and the Maoists met only after a series of consultation among Prime Minister Girija Prasad Koirala, CPN-UML general Secretary Madhav Nepal, Nepali Congress (Democratic) president Sher Bahadur Deuba and Maoist Chairman Prachanda and their bilateral meetings.
-Constitution silent on head of state
-Prime minister to use all powers of head of state
-Fresh oath of office mandatory for judges
-The 168-article constitution to be enforced only after arms management
-Reservation only on proportional representation seats
-Education, healthcare and employment out of fundamental rights, but in state's directive principles
-No change in national symbols, national animal cow retained
-Six-member security council to mobilize national army
The ruling Seven Party Alliance (SPA) and the Maoists finalized the interim constitution draft early Saturday morning. While remaining silent on the issue of head of state, they have agreed to transfer all authorities of the head of state to the prime minister during the transitional period.
Following days of intense debate over who should be head of state, the parties arrived at a consensus not to mention anything on the status of the king who has been stripped of all powers until the first meeting of the constituent assembly, which will decide the fate of monarchy.
In a comprehensive peace accord signed on November 22, the parties had agreed to decide the fate of monarchy through the first meeting of the constituent
assembly. They had also agreed to nationalize the king's property inherited by virtue of ascendance to the throne and put late King Birendra's and his family's assets in a trust. However, the private property of King Gyanendra will remain with him.Top SPA and Maoist leaders finalized the 168-article draft constitution Saturday morning. The interim constitution will, however, come into force only after the process of arms management is complete. The date of the agreement will be mentioned as December 15 as the parties take Poush 1 (December 16) as Black Day because on this day in 1960, the panchayati constitution was promulgated.
The arms management process includes cantoning the Maoist army, verification of their arms, locking up arms in containers and installing electronic devices by the UN. An equal number of arms from the Nepali Army is also to be locked up and the army is to be confined to the barracks as per the November 28 agreement on arms management.
The ruling parties and Maoists also agreed Saturday to provide reservation for women, dalits and other backward communities only in the 204 seats to be elected through proportional representation system. They agreed to make the list of candidates to be elected from 205 geographical constituencies more inclusive.
The Election Commission will finalize other technical aspects of the election like number of ballot papers and ballot boxes after due consultation with the parties, according to the agreement.
As per the new constitution, all the people born before or residing since the 1990 movement will be regarded as Nepali citizens.
The parties also agreed to provide for a six-member Security Council for the purpose of mobilizing the Nepali Army. Apart from ex-officio members--prime minister, defense minister and home minister--the prime minister will nominate three members from among the cabinet ministers in the Council.
They also agreed to keep intact the traditional national symbols including national animal, national bird and national flower. The Maoists were insisting till the last hour to replace the existing national animal cow with something else but no suggestion was made.
The issues of head of state, electoral system, some fundamental rights including the rights to education in mother tongue, healthcare and employment and cow as the national animal were major differences in the draft constitution prepared by former Supreme Court justice Laxman Aryal-led committee. Later, a team comprising Home Minister Krishna Sitaula and Maoist leader Dr Baburam Bhattarai worked on the draft for six days.
As per Saturday's agreement, the rights to education, healthcare and employment are addressed in the directive principles of the state policies and will be guaranteed through separate laws.
As per the agreement, the new constitution will provide for a separate Constitutional Council to recommend appointments in constitutional bodies. The constitution agreed to on Saturday has made it mandatory for judges to take fresh oath of office under the new constitution. Some fringe leftist parties in the ruling alliance and the Maoists were insisting for fresh appointments but larger allies opposed it saying it would politicize the "independent" judiciary.
The present parliament restored last April will promulgate the constitution while an interim legislature to be formed after inclusion of Maoists will endorse it.
Top leaders of the SPA and the Maoists met only after a series of consultation among Prime Minister Girija Prasad Koirala, CPN-UML general Secretary Madhav Nepal, Nepali Congress (Democratic) president Sher Bahadur Deuba and Maoist Chairman Prachanda and their bilateral meetings.
-Constitution silent on head of state
-Prime minister to use all powers of head of state
-Fresh oath of office mandatory for judges
-The 168-article constitution to be enforced only after arms management
-Reservation only on proportional representation seats
-Education, healthcare and employment out of fundamental rights, but in state's directive principles
-No change in national symbols, national animal cow retained
-Six-member security council to mobilize national army
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