What are the functions of a Constituent Assembly?

The function of the Constituent Assembly is to draft and implement a new constitution, which ensures the realization of the demands voiced by the people of Nepal, such as rule of law, proportional representation and equal rights to all. While the new constitution is being drafted the Constituent Assembly will also act as an interim legislature, until a new government is elected through general elections under the new constitution.

Why has Constituent Assembly been called for Nepal?

A Constituent Assembly has been demanded several times in Nepal’s history. All the constitutions written so far were crafted by the government appointed representatives and not by the representatives directly elected by the people. The Constituent Assembly election has been called in order to elect an assembly which will draft a new constitution to restructure the state according to the needs of all of the people of Nepal. Maoists, the former rebel group, which has now become a part of the government mainstream have also been calling for a Constituent Assembly from the very onset of their rebellion.

The objectives of the Constituent Assembly are to arrive at a decision on the future of monarchy, to ensure democratic rule of law and proportional representation in all the bodies of state, to institutionalize the people’s sovereignty and to create an atmosphere for all the citizens to exercise equal rights.

What is a Constitution?

A Constitution is the supreme law of the country, which governs the country's state management. The entire governance system of the country is guided by the provisions of the Constitution and the laws enacted under it. The Constitution guarantees the citizens their fundamental rights and security, and identifies the broad principles and stuctures by which the state is to be governed.

What is Constituent Assembly?

The Constituent Assembly is the body of representatives, elected and in some cases nominated to write a constitution. In Nepal's context, the Interim Constitution has authorized the Constituent Assembly to draft a new Constitution. Of the 601 members of the Constituent Assembly, 565 members are directly elected by the people in order to make it representative of Nepali society and ensure that all groups in Nepal can participate in drafting a constitution to which they can feel ownership. The other 26 members were appointed by the new Cabinet.

Does Nepal have a constitution now?

Nepal currently has the Interim Constitution, which was passed by the interim legislature in January 2007. For more information click here (provide link to Constitutions of Nepal page).

Which was Nepal's first constitution?

Nepal's first Constitution was the Government of Nepal Act 1948. For more information click here (provide link to Constitutions of Nepal page).

What is the formal process of adopting the Constitution?

• The draft bill tabled before the Constituent Assembly, from the preamble to each Article, shall be voted and formally adopted.
• For the constitutional bill to be passed, a minimum of two thirds of the effective members of the Constituent Assembly must be present and adopt the bill unanimously.
• If such unanimity cannot be reached regarding the preamble or any other Articles of the constitutional bill, the parliamentary leaders of political parties represented in the Constituent Assembly shall hold consultations among themselves to reach a consensus on the issue.
• After the consultation is over, the Preamble or the concerned Article of the bill shall be put before the House for re-voting.
• If unanimity can not be reached even after re-voting, the bill may be passed by a majority of two-thirds of the votes at a meeting attended by a minimum of two-thirds of the effective strength of the Constituent Assembly.
• In course of voting, if no members cast his/her vote against the motion, it shall be deemed as passed unanimously.

What is a preamble?

A preamble is an introductory statement or preliminary explanation as to the purpose of the document and the principles behind its philosophy. The term is particularly applied to the opening paragraph(s) of a statute, which recite historical facts which may be pertinent to the issue being discussed.

What is the required quorum to conduct business in a meeting of the Constituent Assembly?

The required quorum to conduct business in a meeting of the Constituent Assembly is a minimum of one quarter of the total number of the members, but to adopt the provisions of the constitution, unanimity of opinion or majority votes in accordance with question 10 above is necessary.

What provision has been made for a secretariat for the Constituent Assembly?

To manage the functions of the Constituent Assembly, the legislative-parliament secretariat has been designated to act as secretariat of the Constituent Assembly as well.

How long will the Constituent Assembly remain in effect Nepal?

The term of the Constituent Assembly will be a period of two years. The Interim Constitution of Nepal has the provision to extend the office of the Assembly for a period of 6 months in case the constitution drafting is incomplete due to declaration of emergency in the nation.

Has Nepal ever had a Constituent Assembly before?

No. The call for a Consitutent Assembly was first heard in 1951, but no assembly was ever called, and the constitution written that year, which was supposed to be an 'interim constitution' remained in place until 1959.

How was Nepal's CA chosen?

An election to the Constituent Assembly was held on April 10, 2008 which elected 240 members through the first-past-the-post and 335 members through the proportional electoral system. The other 26 members were nominated by the government. For more information click here (link to result section).

Why is it important that the people participate in making a constitution?

It is important because participation gives people the opportunity to voice their opinions about what kind of political system the country should have. This ensures that the constitution is accepted and chosen by the people rather than just by politicians. Secondly, participation gives people the chance to learn about democracy and about the ways in which they can exercise their authority. Most importantly, public involvement in constitution building strengthens democracy, and the legitimacy of the document.

What is a republic?

A republic is a country without a king or queen. In other words the head of state of the country is chosen by the people under the constitution and is not there because of divine right or inheritance.

What is Federalism?

This is a way of dividing the powers and duties of government between different levels. A federation will have several, or many, geographical areas that are smaller than the whole country, each of which has its own elected government. That government will have certain powers, and certain resources, guaranteed in the constitution. These governments in turn will be under the national government, which will address the interests of the lower level governments.

What is secularism?

This refers to the situation when a state does not have an official or a preferred religion. A Hindu, Muslim, Christian, Buddhist or Jewish state would not be a secular state. The exact implications of being a secular state vary: it might be unconstitutional to have a religious element to official ceremonies; or it might mean no public money must go to support religious institutions. Each country will work out what is best for that country. Being secular does not mean being hostile to religion - basically it means that religion is a personal rather than an official matter.

What is Parliament?

Parliament is the body that makes the laws of the country. Usually the members are elected by the people. The laws it makes often have to be signed by a separate Head of State. In some countries, it is called a legislature; in the USA it is Congress.

What can a Constitution do to bring about inclusive democracy?

The Constitution provides the legal framework for government. It would be possible for the system of elections provided for in the Constitution to ensure an inclusive legislature. The political parties are also very important, and the constitution can require that the partiers have democratic constitutions, and have wide representation in their internal committees. It can also have rules about people's participation in the working of public bodies, besides just voting for candidates.

Can a constitution guarantee fair elections?

A constitution should provide for an independent Election Commission with the necessary resources and powers to run the elections. It should provide for secret ballot. A constitution can guarantee several other laws to ensure the conduction of a free and fair election. The responsiblity for keeping these provisions intact, lies with all those associated with it, as well as the public, who have to be vigilant that rights are not breached or laws violated.

What can a constitution do about issues of gender?

A constitution can give certain rights specially to women, as well as ensuring general equality of citizens. It can have rules about participation of women in public bodies and affairs. It can use language that is not discriminatory.

What can a Constitution do for persons with disability?

A Constitution should provide that everyone is equal. It could also indicate clearly that his means that person with disability must not be discriminated against. It could also make it possible to have affirmative action (see above) for people with disabilities.