South Asians for Human Rights

Promoting Democracy, Upholding Human Rights

The 12-point agreement concluded between the Seven Party Alliance (SPA) and the Communist Party of Nepal (Maoist) [UCPN (M)] on 22 November 2005 forms the basis of the ongoing peace process in Nepal. It was the 12-point agreement that led to the people’s uprising of 2006, and this popular movement compelled the King to abdicate. After the UCPN (M) formally joined the peace process in 2006, the election to the Constituent Assembly (CA) emerged as one of the prime agenda of the peace process. Despite two postponements, Nepal managed to hold the election of the CA on 10 April 2008. The CA transformed Nepal from a monarchy to a parliamentary republic. The ‘Federal Democratic Republic of Nepal’ regained its parliamentary status as soon as the CA started to function as Legislature-Parliament.

Under the formulation of the Constitution, the CA shall also act as Legislature-Parliament as long as the CA remains in existence. Furthermore, a separate committee shall also be constituted to conduct necessary regular legislative functions. The Chairperson and Vice Chairperson of the CA shall be the Speaker and Deputy Speaker of the Legislature-Parliament, and the Secretariat of the CA and its personnel shall be the Secretariat and personnel of the Legislature-Parliament. Similarly, when the CA acts in the capacity of the Legislature-Parliament, the provisions contained in Part 8, with necessary modifications, shall be applicable to the Assembly.

To download the full report click here