Constitution Amendment : A Hard Nut to Crack

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Constitution Amendment : A Hard Nut to Crack

While the UML is against the idea of redrawing the boundaries of the provinces, even some Madhesi leaders have said that removing the hilly district from Province 5 is not their demand!


The government has finally registered a Bill in the Legislature-Parliament to amend the constitution for a second time, as demanded by the United Democratic Madhesi Front (UDMF). However, nobody – even the Madhes-based parties to address whose demands the constitution is being amended – seem to be happy with the 7-point constitution amendment Bill which was registered in parliament on November 29 evening.

Federal Socialist Forum Nepal (FSF-N), a key constituent of the UDMF, has taken strong exception to the constitution amendment Bill registered in parliament. Issuing a press statement on the very next day Nov 30, the FSF-N categorically rejected the constitution amendment Bill saying that it has not addressed the burning national issues. 

“The constitution amendment Bill registered in parliament has not addressed any demands raised by the UDMF and the Federal Alliance,” reads the statement. In the statement, FSF-N has lashed out at the government saying that it has made a grave mistake by not including any of the demands raised by the disgruntled Adivasi Janajatis, Tharus, Khas, Muslims, Women, Dalits and Madhesi Morcha.

The statement has warned that the proposed Bill will push the country into a perpetual conflict, chaos and instability rather than establishing peace, stability, national unity and development."We will not accept this Bill as it has been brought despite our disagreement. Our protest will continue against racial discrimination and caste-based rule,” the FSF-N said in the statement. 

Terming the amendment “unnecessary and irrelevant”, CPN (UML), the main opposition, has already said that it will not allow the registration of the amendment proposal in parliament. The party has concluded that “the constitution amendment Bill registered by the government will hamper the country” and has decided to obstruct the proceedings at the Legislature-Parliament from Thursday.

According to UML Vice-Chairman Bamdev Gautam, a Parliamentary Party (PP) meeting of the party concluded that the amendment Bill was not necessary as the bases and rationale for the changes in the constitution haven’t been established.

Protest has soared in the different districts of Province 5 after the government filed the constitution amendment Bill so as to take out all the hill districts from the province.

Similarly, lawmakers from even the major ruling parties - the Nepali Congress (NC) and CPN (Maoist Center) - are divided on the changes proposed. They are especially against the proposal to remove the hilly districts from Province 5. While the UML is against the idea of redrawing the boundaries of the provinces, even some Madhesi leaders have said that removing the hilly district from Province 5 is not their demand! Also, the agitating parties have refused to commit themselves to endorsing the Bill.

The amendment Bill prepared by the government proposes to revise the provincial boundaries in Provinces 5, 4 and 6, and amend provisions related to marital naturalized citizenship, representation in the National Assembly and the languages of official business. Demarcation of the provinces is the thorniest issue among the four demands put forth by the UDMF.

Madhesi parties had staged strikes and bandhs for almost six months following the promulgation of the constitution which divided Nepal into seven provinces. The southern neighbour also imposed blockade on Nepal for six months under the pretext of Madhes agitation.

The UDMF had backed down from its One Madhes One Province demand following the Tharu protest and started raising its voice for two provinces in the Tarai belt. Since then, it has been demanding that three eastern districts -Jhapa, Morang and Sunsari- be included in Province Number 2. UDMF has demanded that Province Number 2 should stretch from Jhapa in the east to Chitwan in the west. Similarly, their demands include a Tharu provinces stretching from Nawalparasi in the east to Kanchanpur in the west. However, as per the current demarcation of the provinces, Jhapa, Morang, Sunsari have been kept in Province Number 1 and Kailali and Kanchanpur in Province Number 7.

It is learnt that UML Chairman KP Sharma Oli and NC leader Krishna Prasad Sitaula are not ready at all to merge Jhapa, Morang and Sunsari in Madhes province. Especially, Chairman of Federal Socialist Forum Nepal Upendra Yadav is for mixing three eastern districts in Madhes province. Morang and Sunsari are the electoral regions for Yadav. A UDMF leader said that other leaders except Yadav don’t have interest in Jhapa, Morang and Sunsari. Oli and Sitaula are against merging the three districts of Province 1 in Province Number 2 which they believe will lead their political future in disarray.

Other demands of UDMF are to make a Tharu Province including the districts from Nawalparasi to Kanchanpur. But NC President Sher Bahadur Deuba, CPN-UML Vice-chairman Bhim Rawal, and NC leader and the current Minister for Physical Infrastructure and Transport, Ramesh Lekhak among others are against including Kailali and Kanchanpur in the Tharu Province as it is their electoral region.

According to sources, Prime Minister Pushpa Kamal Dahal is trying his best to appease UDMF and make India happy by separating the hilly districts from the Tarai districts of Province Number 5 after Oli disagreed to the proposal on Province Number 1 and Deuba was stubborn on not letting to include Kailali and Kanchanpur in the Tharu Province.

The biggest question that arises here is who is the PM trying to appease by removing five hilly districts from Province 5 and merging them in Province 4 and 6? “He is trying to appease India,” says a senior politician on the condition of anonymity. Interestingly, all major Indian newspapers have welcomed the registration of the constitution amendment Bill. 

However, as things stand now, the agitating Madhes-based parties aren’t happy with the amendment Bill registered by the government. Oli and his UML have already made it clear that they are against any amendment to the constitution. So, it is going to be very tough for the government to get the amendment Bill endorsed by Parliament without the support of the UML. The government will need the support of all other parties in Parliament to get the amendment proposal endorsed if the UML decides to vote against it. But, is that possible?

Only time will tell.

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