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Nepal's interim constitution

With a deal struck over the interim constitution, the last remaining theoretical wrinkle in the set of agreements governing the process of Nepal's political transition has effectively been smoothed out. Instead of providing a ceremonial role for the king pending the adoption of a new constitution by a constituent assembly — as the Nepali Congress and its allies initially suggested — the interim statute entrusts the Prime Minister with the responsibility of performing the duties of head of state. This is a sensible decision. Had Gyanendra been given an interim role, his presence, even if purely ceremonial, would have weighed malevolently on the deliberative process. Instead, the constituent assembly will now be able to conduct an open debate over the monarchy on the basis of first principles rather than precedent. With the latest agreement in place, the decks are clear for the practical implementation of last month's comprehensive road map. As soon as the United Nations gets enough weapons monitors on the ground, the garrisoning of Moist and Nepal Army soldiers can begin. Once this task is accomplished, Maoist representatives will join the interim government and assembly. It is this assembly that will formally endorse the draft interim constitution and oversee the conduct of the interim government and of elections to the constituent assembly by mid-2007.

Throughout this period, the Maoists in Nepal will be free to canvass support for their own political programme. What is important, however, is that, like every other party, the former insurgents will be an integral part of a constitutional process. This experience holds an important lesson for ultra-leftists in India as well as the Indian state. Thus far neither the Indian Maoists nor the Central and relevant State governments have shown any intention of learning from the experience of our northern neighbour. In Nepal, insurgents and counter-insurgents fought each other to a stalemate and it is only dialogue that finally opened a way for society to move ahead. `Competitive politics' provides a peaceful way for Prachanda's party to promote its agenda without the fear of repression. As for the parliamentary political parties in Nepal, the management of Maoist arms means the levelling of the electoral playing field. For both players then, it is potentially a win-win outcome. Instead of carping from the sidelines, India's Maoists need to ponder over their own political strategy and its future. Their counterparts in Nepal seem to have left them way behind in taking up critical socio-economic and political issues, moving in step with the times, and boldly announcing their readiness to participate in the democratic process.

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