South Asians for Human Rights

Promoting Democracy, Upholding Human Rights

The Constituent Assembly (CA) is dissolved without delivering the new constitution after witnessing four years of political brinkmanship.

The CA got dissolved after the parties failed to reach consensus on the restructuring of the state.

The formation of the CA for the first time in the history of Nepal was the key agenda of the people’s movement, 2007 that put monarchy to an end by declaring the country as the democratic republic.

Initially the CA was mandated for two years to complete the task of constitution writing but due to the failure of the political parties to promulgate the constitution within stipulated time, the CA amended the interim constitution in the capacity of the legislature parliament and extended the deadline four times.

On November 25 last year, giving its final verdict on a writ petition challenging repeated extension of the CA’s term, the Supreme Court made a verdict that CA’s term can be extended only one more time and that the Assembly will be defunct if the constitution is not promulgated within the extended term.

On May 22, The government registered 13th constitution amendment bill in the parliament to pave way for three month extension of the term of the Constituent Assembly going against November 25 SC verdict. However, responding the writs filed against the government move, the Court on May 24 issued a ruling to the government, asking it not to proceed with its decision to extend the term of the CA that ended all the possibilities of the CA term extension.

As the parties could not find common ground on the key issues related to constitution drafting despite series of discussions till the night of May 27, the deadline day for the promulgation of the new constitution, the CA expired without delivering the new constitution.

Source: Nepalnews.com (http://www.nepalnews.com/archive/2012/may/may27/news20.php) – 28/05/2012