Parties clinch 16-point historic agreement

Kathmandu, June 9: The major political parties today clinched a historic 16-point agreement on the main contentious topics of the new constitution. 

According to this, the parties have agreed on an eight-province federal setup of the country in the new constitution. This ground-breaking agreement is believed to pave the way for the framing of a new constitution which had been elusive for the last eight years. 

The agreement was made public holding a news conference at the Prime Minister's residence at Baluwatar a while ago. 

The parties have agreed to form eight federal provinces. The provincial assemblies would agree on the names of the provinces. The parties have agreed that a State Restructuring Commission comprising experts would fix the geographical boundaries of the federal provinces 
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On federalism and provinces 

Among the eight provinces, five are based on identity and four on capability. The provincial assembly would christen the province by a decision of a two-third majority. The government would form a Federal Commission for making recommendation on the demarcation of the provinces. The term of this commission would be of six months. The final decision on the demarcation of the borders of the federal provinces would be made by a two-third majority of the Legislature-Parliament after the commission submits its recommendation. 

On Parliament and Election System 

The Federal Parliament would be bicameral comprising the House of Representatives and the National Assembly. The Province Assembly would be unicameral. 

The election to the House of Representatives would be held through the mixed election system. The House of Representatives would be of 275 members. There would be a total of 165 parliamentary election constituencies. This many representatives winning majority of votes under the first-past-the-post election system from these 165 constituencies would be elected the members of the House of Representatives while the remaining 110 members would be elected through the proportional election system. 

The number of members of the National Assembly would be 45. Forty members would be elected from each province with each province sending equal number of members. The remaining five members would be nominated by the President on the recommendation of the Federal Council of Ministers. 

Form of governance 

A multi-party competitive federal democratic republican parliamentary system of governance would be adopted as the form of governance to run the country. The leader of the party securing single majority in the House of Representatives or a majority with the support of other parties would be elected the Prime Minister as the executive head. 

As per the agreement, there shall be a constitutional President in Nepal. An electoral college comprising the members of the Federal Parliament and the provincial assembly shall elect the President. 

The form of governance agreed upon by the parties today comprises a constitutional President and the Prime Minister elected by the Parliament. However, the UCPN (Maoist) has registered a note of dissent on the form of governance and the parliamentary system. The UCPN (Maoist) was in favour of a directly-elected President. 

Following the declaration of the new constitution, the transformed Legislature-Parliament shall elect the President, the Vice President, the Prime Minister, the Speaker and the Deputy Speaker as per the Interim Constitution of Nepal, 2007, the agreement states. 

Similarly, the transformed Legislature-Parliament shall carry out all works related to the election of the Prime Minister, the vote of confidence, the vote of no-confidence and the constitution of the Council of Ministers as per the provisions provided for by the Interim Constitution of Nepal, 2007 until the next election to the House of Representatives is held as per the provision of the new constitution. The provisions regarding impeachment against the President, the Vice President, the Speaker and the Deputy Speaker shall be in accordance with the Interim Constitution of Nepal, 2007. 

On the judicial system 

An independent, free, impartial and capable judiciary has been provided for as per the concept of an independent judiciary. The Supreme Court shall be a Record court. The Supreme Court would have the final right on the interpretation of the constitution. 

A constitutional court shall be constituted for giving final decision on the dispute between the centre and the province, province and province, province and the local level and between local tiers regarding their jurisdiction and regarding the election of the House of Representatives, the National Assembly and the provincial assembly. The constitutional court will have the final say on these topics. The Chief Justice of the Supreme Court will be the chair of the Constitutional Court with two senior-most judges and two experts from the law sector who fulfill the qualification to be the judges at the Supreme Court. The term of the constitutional court would be 10 years from the date the new constitution is promulgated. 

Provisions regarding the constitution of the Judicial Council shall be according to the Interim Constitution of Nepal, 2007. 

It is stated in the agreement that the process of drafting a new constitution shall be moved ahead as per the spirit of this fundamental agreement in connection to the federalism, form of governance, the election system and the judicial system. 

Election of the local bodies 

The election of the local bodies shall be organised as soon as possible for strengthening the people's representation and participation. 

The leaders of the major parties had put in a lot of efforts to forge consensus paving the way for the agreement. The second-rung leaders of the parties were in discussions as the top leaders were engrossed in meeting to strike a final deal. 

The destructive earthquake on April 25 cleared the way for the political parties to forge consensus on the contentious issues. The parties reached the long-awaited agreement after a series of dialogues and renegotiations. 

Nepali Congress, CPN (UML), UCPN (Maoist) and the Madhesi Janadhikar Forum Loktantrik among other political parties took the decision on Monday morning for the agreement on the major contentious issues including on the eight federal state model. 

The UCPN (Maoist) led 33-political party front had a dissenting view over the decision in spite of which the UCPN (Maoist) and the Forum Loktantrik sat for the meeting held in the evening as per the agreement reached with the major parties. 

Nepali Congress President and Prime Minister Sushil Koirala, CPN (UML) Chairman KP Sharma Oli, UCPN (Maoist) Chairman Pushpa Kamal Dahal, Madhesi Janadhikar Forum Nepal Loktantrik's Chairman Bijaya Kumar Gachchhadar signed the agreement paper after the meeting, which took place at PM's official residence in Baluwatar. RSS