Nepal: Tendencies exist to draft a Charter with old provisions

Telegraph Nepal

( An interview with Dev Gurung, Leader, Nepal Maoists party conducted by Bimarsha Weekly.

Q1: Now that the Supreme Court has stamped the CA term for just two months only? How you take it?

Gurung: Looking at the fresh ruling of the Supreme Court, it appears that it more like a political decision.

Q2: How it could be said so?

Gurung: The CA body has the sovereign right to amend the constitution. The Article 64 is for amending the constitution. I don’t think that the SC should take the issue of the Charter amendment in an otherwise manner. Yet, I would say that we all have to go by the SC decision. This remains no longer an issue for further debate and discussion. At best, the SC should have observed the issue through the judicial perception; however, it appears that it was associated with some ‘political element’ while making the fresh ruling. One could suspect whether the SC has entered into politics a little bit.

Q3: How the SC could have played politics when you were mandated with two years’ time but you all consumed four years?

Gurung: To make a decision whether we succeeded or not morally or even politically are the sole duty of the people. All that the SC has to do is to limit itself with the judicial interpretations.  

Q4: What will happen if you could not provide a constitution on the stipulated date?

Gurung: Well, it is a topic that has to be analysed through political considerations. Yes, I do admit that we have failed to act as per the people’s awarded mandate. To boot, yet the entire processes are not moving in a convincing manner. No one can make political predictions.

Q5: Tell us whether Constitution could be drafted or not?

Gurung: We are passing through a deadlock since two years or so if we talk about the constitution drafting process. Much clumsy is the issue of the state-restructuring which is consuming time. A new constitution with state restructuring is the people’s mandate. One could observe the tendencies in existence of bringing about a somewhat old sort of constitution and the restructuring of the state just with fresh window washing. There has been a provision in the interim constitution that it will remain in force until the new one gets promulgated.

Q6: However, CA term extension opening has already been capped?

Gurung: There is the debate whether CA term is extended or the constitution amended? There could also be one opinion that the extension of the term can’t be made going against the spirit of the constitution. Such opinion could be accepted.

Q7: We have been told that you did not attend the Maoists party Central Committee meet?

Gurung: There is nothing as such to be called a Central Committee. Those who possess similar ideological views can come together which is not at all an unusual phenomenon. In order for the party’s CC meet to happen with its full strength, what is needed primarily is that the implementation of the previous decisions and having a debate further. If in case the previous decisions are implemented, then we must summon a fresh CC meet in order to bring in new agenda. If it does not happen so then there is no meaning of having another Central Committee meet.

Text Courtesy: The Bimarsha Weekly dated March 30, 2012. Un official translation only. Thanks.

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