Nepal: Protest of the Opposition Parties in Kathmandu

Jun 10, 2012 Full story: Global Voices Online

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Dirgha Raj Prasai

Kathmandu, Nepal

#1 Jun 11, 2012
How to end the Crisis in Nepal?
We Nepalese people are suffering from the traitors-Congress, UML, Maoist, who are in regime. They should be punished and chase away from the regime to save Nepal and this region. The reality is that the term of the Constituent Assembly had ended at midnight of 27 May 2012, with failure to promulgate a constitution. And the Interim constitution, President, PM as well as the council minister has expired. But, this ended the relevance of Prime Minister Baburam Bhattarai’s cabinet, the presidential apparatus and all elements formed under the interim constitution of 2006. The President and Prime Minister, without constitutional mandate, are legally debarred from exercising any constitutional right.
The Constituent Assembly failed to promulgate the constitution within the stipulated time span of two years. Its term was repeatedly extended and the work of drafting the new constitution could still not be completed in four years time, climaxing with the dissolution of the Constituent Assembly. With their failure to draft a new constitution, party leaders betrayed the nation and the people. The interim constitution 2006 that was introduced for the management of the Constituent Assembly has no meaning after the dissolution of the latter. The interim constitution 2006 stands automatically dissolved as the new constitution was not drafted in time. This means that the 1990 constitution with the constitutional monarchy stands automatically revived.
Nepal Students’ Union founder-coordinator, Nepali Congress leader and veteran senior advocate Devendra Nepali wrote in a daily newspaper,“If the interim constitution 2006 fails to draft a new constitution then it will automatically dissolve and become defunct. The existence of the political parties was accepted as per the 1990 constitution; in this sense the 1990 constitution is seen as the legal parent of the political parties. It was established by the 1990 constitution viewing the people as sovereign. The dissolution of the interim constitution will automatically revive and activate the constitutional monarchy, multiparty parliamentary system and all other organs and institutions under 1990 constitution. It is fallacious to posit a nation without a constitution when the legality of the 1990 constitution revives.” If not implement the 1990 constitution the situation would have created uncertainty, confusion and anarchy in Nepal.
There are abundant examples round the world to establish that when an interim constitution collapses, the previous constitution (of 1990 in the case of Nepal) is automatically revived in Indonesia-1949,in Pakistan, In Britain-1649, Span-1936,Cambodia in 1970. Hence, the dissolution of the Constituent Assembly in Nepal means the revival of the 1990 constitution. The parliament abolished by the Nepali Congress-led government was reinstated four years later after an agreement with the King on 24 April, 2011. Why shouldn’t we revive the 1990 constitution as it frees the nation from current crisis? With the demise of the Constituent Assembly, the constitution of 1990 constitution is restored automatically and Nepal’s royal institution, Nepal Army and people of Nepal are protectors of Nepal. The monarchy was pivotal in integrating Nepal, establishing democratic and equitable society at par with the modern world.
Only this option will open the doors for political resolution in Nepal. Nationality is a sensitive issue and will be difficult to re-establish once it rolls down the slope. In the past, Nepal was defended at the joint initiative of the King and people. Now that thread of unity has snapped. To rescue this holy land from an imminent dark future, all patriotic forces, the Nepalese monarchy, and the people, the Nepal Army, court and the chief organs of the State must all unite and defend the nation from chaos.
Thank you.
Dirgha Raj Prasai
Former member of Parliament-Nepal m

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