The Maoists, who emerged from armed struggle, were approved by the first Constituent Assembly election in 2064, and the second Constituent Assembly formed after the 2070 elections completed the drafting of a new constitution.
What you should know
In the history of Nepal, before 2062, there was only a general idea of a constitution being drafted by a Constituent Assembly. Before that, constitutions were written by a Constitutional Commission. But due to the 2062/63 movement and the 10-year armed conflict, a Constituent Assembly was formed and the Constitution of Nepal was promulgated. This is a significant event in the political history of Nepal.
In the 40-point memorandum submitted by the Maoists to the government before starting the armed conflict on 1 Falgun 2052, one of the main demands was to draft a constitution from the people's representatives. The demand was to draft a 'people's constitution' from the people's representatives, i.e. the Constituent Assembly, which had adopted the main policy of seizing state power through armed struggle.
According to the Maoists, it took Nepal's political parties 10 years to get on the path to the Constituent Assembly. The country had to endure 10 (2063 BS) years of war and lose about 17,000 lives to get on the path to the Constituent Assembly. After the then King Gyanendra Shah took power and banned the parties, the Maoists who were at war and the seven parties including the Congress and UML who were peacefully protesting had come to the conclusion that they would move forward on the path of a republic.
During the armed conflict, the Maoists had put forward a roadmap of 'interim government, new constitution and institutional development of the republic'. To embody this, the Maoists and seven parties had to go to the People's Movement of 2062/63. After the People's Movement-2, the House of Representatives was restored through a royal proclamation on 11 Baisakh 2063. The reduction of the king's powers began in the first meeting of the House of Representatives, which was restored on 15 Baisakh. The same house took away the royal powers from the palace on 4 Jestha 2063 and brought them into a sovereign parliament. After the restoration of the House of Representatives, an interim parliament was arranged to bring in the then Maoists. Arrangements were made to have 330 members in the interim parliament. The Maoists, who had fought an armed struggle for 10 years, had moved forward on the parliamentary path for the first time. According to the interim constitution issued in 2063, elections were held in 2064 and a 601-member Constituent Assembly was formed. In a situation where democracy was held hostage by the autocratic style of the then king, an agreement was reached between the Congress, UML and other parliamentary parties and the Maoists, who had taken up arms for the republic, to move forward on the path of the republic.
The 12-point agreement signed on 7 Mangsir 2062 opened the way for the constitution to be drafted by the Constituent Assembly. On the basis of that, the Maoists entered mainstream politics. The first election of the Constituent Assembly approved the Maoists who had entered the armed struggle. In the election held in 2064, the Maoists became the first party, the old parties, the Congress, became the second, and the UML became the third. Before that, the political system had unimagined representation in the Constituent Assembly. But there were major differences between the parties mainly on federalism, form of government, secularism, number of provinces, etc. Due to which the first Constituent Assembly was dissolved.
The constitutional provision was that the Constituent Assembly would also perform the functions of the parliament along with drafting the constitution. The first Constituent Assembly was dissolved on 14 Jestha 2069 after failing to promulgate the constitution. The country went through a period of parliamentlessness until the formation of the second Constituent Assembly on 8 Magh 2070. The first Constituent Assembly elections were held in Chaitra 2064 and the second in Mangsir 2070. The Constitution of Nepal was promulgated on 3 Asoj 2072. Federalism has been questioned as the parties have been indifferent to implementing the constitution that was drafted after the Constituent Assembly was promulgated.
Baburam Bhattarai, the then Maoist Vice-Chairman and Chairman of the Constitutional and Political Dialogue Committee of the Constituent Assembly, said that the Constituent Assembly was the biggest event in the history of Nepal. ‘The promulgation of the Constitution of the Federal Democratic Republic by the Constituent Assembly is the most important event in the history of Nepal, the advent of democracy in Nepali history,’ he said, ‘I had said that after the promulgation of the Constitution, this Constitution is half full and half empty. With this 10-year experience, political stability could not be achieved even after the promulgation of the Constitution. This instability was created mainly due to the flaws in the form of governance and the flaws in the electoral system.’
Two Constituent Assembly elections, which tested the parties. Its goal was to draft the constitution with the participation of as many people's representatives as possible. In the 2070 election, the Congress won 196 seats, including 91 in proportional representation and 105 in direct representation. But in the 2064 election, it had won 115 seats, including 73 proportional seats, 37 direct seats, and five nominated seats. The UML had won 175 seats, including 84 proportional seats and 91 direct seats, in the 2070 election.
In 2064, it had won 70 proportional seats, 33 direct seats, and 108 nominated seats. The then UCPN-M had won 54 proportional seats, 26 direct seats, and 80 seats in 2070. In 2064, it had won 229 proportional seats, 100 direct seats, and 120 direct seats, and 9 nominated seats. It had become the first party to lead the government in the first Constituent Assembly.
Madhesh-centric parties emerged in the Constituent Assembly. have emerged and are still in existence. The RPP had won 10 proportional seats, 3 direct seats, and 13 seats in 2070. It had won only 8 proportional seats in 2064. It could not win any directly. The Nepal Workers and Peasants Party had won 4 seats in 2070, including 3 through proportional representation and 1 through direct representation. In 2064, it had won 5 seats in 2065, including 2 through proportional representation, 2 through direct representation, and 1 through nomination. The Rastriya Janamorcha could not win even 3 seats in the 2070 Constituent Assembly through direct representation. In 2064, it had won 4 seats in 2065, including 3 through proportional representation and 1 through direct representation.
The RPP Nepal did not win a single seat in 2070, but it won 24 seats in 2065 through proportional representation. In 2064, it had won only 4 seats in 2065. Forum Nepal had won 10 seats in 2070, including 8 through proportional representation and 2 through direct representation. In 2064, it had won 52 seats in 2065, including 22 through proportional representation and 30 through direct representation. The Forum Loktantrik had won 10 seats in 2070, including 14 seats in 2070, including 10 through proportional representation and 4 through direct representation. In 2070, this party had merged with the Congress.
The then Tamalopa had won 11 seats in 2070 (7 proportional and 4 direct) and 21 seats in 2064 (11 proportional, 9 direct and 1 nominated). Sadbhavana Party won 6 seats in 2070 (5 proportional and 1 direct). In 2064, it won 9 seats in 2064 (5 proportional and 4 direct). Similarly, the NCP had won 5 proportional seats in 2070 (8 proportional and 1 nominated). In 2064, it had won 9 seats in 2064 (8 proportional and 1 nominated).
