Nepal SC ruling: Mixed reactions from Const experts and politicians

Telegraph Nepal

Nepal’s Apex Court now has capped the possibilities for the Nepal Constituent Assembly tenure. Panic prevails in the political sector. Some even may be shivering. Yet some others may have to be hospitalised. The hangers on thriving with the State loot may have been in a traumatic situation of political coma.  

The rest may have already engaged themselves on how to “teach a lesson” to the Supreme Court. Loopholes are being searched.

While the Court’s fresh ruling has increased the blood pressure of those who had tentatively thrived with the presumed 2006 sponsored political change, then the lay men, appear beaming and opine that the Nepali Judiciary has put a break on the national loot by the so called ruling elites.

Kant Bijog of the white elephants.

Yet some constitutional experts have forwarded their mixed reactions wherein their private political affiliations become visible. Yet this is their right in a democratic order “that we have today” and thus no further comments needed.

Let’s begin with what the most vocal but perceived arrogant Constitutional expert, Dr. Bhimarjun Acharya, says of the fresh Court ruling, in his own words: “ In the prevailing constitutional process and the State system, one can make comments and forward remarks over the court’s ruling but yet its constitutionality ( implied constitutional authority perhaps) can’t be challenged”.

He continues, “ Since the Supreme Court is the one which has the sole and final right to interpret the constitution and thus at the political level, it becomes binding to abide by the Court’s decision and one can’t say that he or she will not subscribe to what has been stated by the Apex Court”.

Now that the Apex Court has already rejected the ‘review plea’ so what remains with the government and the legislature only three likely options, which could be, firstly, to complete the draft of the constitution by May 28, 2012, secondly, to effect some constitutional amendments much ahead of the present day CA term gets expired and chart out a suitable alternative for the drafting of the constitution later, and thirdly, embrace the fresh polls.

This is what Acahrya thinks. 

Yet another veteran advocate, Tika Ram Bhattarai opines that at best the present day CA body could nominate its “heir apparent” and told to compile all the past agreements and keep aside those which remain yet to be agreed upon and offer its valuable comments on the “left out” issues which later must be endorsed by the new parliament that comes into existence after the new elections.

Raman Shrestha, an advocate, has somewhat different but yet juicy views.

Since the people are sovereign and hence they can do anything under the sun, says Shrestha.

When Prime Minister Sher bahadur Deuba had dissolved the parliament, it was the same Supreme Court which had endorsed Deuba’s steps. And it was this dissolved parliament which got a new lease of life after the people’s uprising. The parliament was not restored by the Supreme Court. The sovereign people can bring about any changes as per the demand and the need of the time. They can change decisions, so says Advocate Mr. Shrestha.

The President of the Nepal Bar Association, Prem Bahadur Khadka says that with the fresh court decision, the political parties are left with no option other than to draft the constitution on time that still remains with then at hand.

However, thinks Khadka, even if the constitution could not be drafted on time then nothing as such of an “accident” is likely to occur as is being given to understand. Yes some sort of political vacuum may be there for some time. To avoid this impending political vacuum, the political parties must draft the constitution and the parties later must go to the people for having fresh mandate.

Now let’s listen to what the Nepali defunct leaders have to say in this regard.

Says Ishwar Pokhrel of the UML party, “The UML always honours the SC decision. We believe in the prevalence of the rule of law and thus the question whether the UML is in favour or against of the SC decision is in itself an unwarranted question”.

If the peace process doesn’t get complete and if the constitution is not drafted on time, says Pokhrel, the entire responsibility will have to be shouldered by the Maoists party.

Arjun Nar Singh K. C of the Nepali Congress says the NC being a democratic party believing in the prevalence of rule of law so we in the NC honour the SC ruling.

We were given the mandate for two years, however, in the process we consumed four years and still prefer to extend the tenure again and again which is not only the insult of the Supreme Court but also of the entire population, concludes the NC leader.  

Whatever the SC may have decided freshly, the fact is that the people no longer remain in favour of further extension of the CA term, so says C. P. Gajurel of the Maoists hardliner faction. We too subscribe to this view. What will happen if the CA body fails to draft the constitution on time, let’s wait for some thirty days more to understand as to what may happen then?

The SC decision is a positive one, says Pasupati Rana and that is why the constitution must be drafted before the CA term expiry.

He further says, much ahead of this, the peace process must be completed. A mini draft of the constitution should be, at least, delivered. Let the leaders become serious over this.

A hopefully beaming Kamal Thapa claims that the SC ruling is very positive. This decision has restored the hijacked role of the people of making decisions. Fresh polls must be embraced. There is no logic, Thapa opines, to believe that the constitution which could not be drafted in four years now could be drafted within the remaining two months. Let’s declare elections and form an election government.

Finally, Raj Kishor Yadav of the MJF-Gantantrik says that his party wholeheartedly accepts the Court verdict. Question could be raised that the judiciary interfered into the domain of the legislature but yet the decision is worth welcome.

Compiled from Sourya Daily dated march 29, 2012. Unofficial translation only.

Thanks.

And here is, for the road, a jocular political comment made by M.K. Nepal: ""The solution of the problems could be sought through extensive deliberations and leaders can go to a peaceful place somewhere." as stated by HImalayan Times , an english daily. Temptation to further loot the State money in Resorts. Hagney Bhanda Dekhney...Sunney Lai Laz...

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