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Constituent assembly is a popular
topic of current public discourse in
Nepal. It is considered as a way out
of country’s current crisis
including Maoist insurgency. After
the failure of negotiation between
the government and the CPN (Maoist)
twice, people are of the view that
there is no harm in accepting
Maoists’ demand of constituent
assembly if it can restore peace in
the country. This paper, therefore,
attempts to address various issues
relating
to the imperatives of new
constitution-making in Nepal through
elected assembly. This paper tries
to deal with the conceptual and
theoretical aspect of
constitution-making; experiences and
lessons on constitution-making in
different parts of the world with
special reference to conflict-ridden
countries; imperatives of new
constitution in Nepal addressing the
Maoist insurgency; and operational
brief of constituent assembly if the
country agrees to adopt a new
constitution through an elected
constituent assembly.
The most popular
model of constitution making is
bringing maximum participation of
the people through constituent
assembly. Every country has its own
history of making, amending and
introducing new constitutions. The
United State of America is known as
the first country to draft and adopt
constitution through constituent
assembly. However, it was not
directly elected by the people but
by the convention of delegates sent
by American states. Indian
constituent assembly was also not
directly elected by Indian people.
Prior to the election of the
constituent assembly, provincial
elections were held for smooth
constitutional transition to
independent India. The constituent
assembly aimed at laying down the
foundation of republicanism in India
where power and authority. |
