(Asia Times, April 18, 2012)
Those who favorably viewed China’s interest and investment in West Seti took exception to the parliamentary committee’s intervention as encroachment on the powers of the executive wing of the state. “I was shocked to find the committee issuing a stay order and behaving like the Supreme Court,” Bipin Adhikari, a constitutional lawyer, told Asia Times Online. His stinging comment also appeared in a leading Kathmandu newspaper.
(Asia 360 News in Context, April 13, 2012)
Final Countdown: Parliament under pressure to meet May deadline for constitution
(BBC Nepali Service, April 13, 2012)
राष्ट्रपतिले संविधान जारी गर्दा सर्त राख्न सक्छन् कि सक्दैनन ? – (न्युज कमेण्ट) सुरेन्द्र फुयाँलसँग
(The Kathmandu Post, February 23, 2012)
(Advocate Bipin Adhikari said that since the Chief Justice, who is the head of the JC, has not been able to propose action against the judges, the JC takes a long time to sort out the complaints.)
(Look and Gaze, December 22, 2011)
(Advocate Bipin Adhikari, an expert who subscribes to this school, says the only alternative the parties have at their disposal to avert the impending crisis is to go for a ‘framework constitution,” which contains the basic provisions agreed by all parties in the CA – should a “complete constitution” not come out on time.
“This issue is more political than legal,” says Adhikari. “Idea of framework constitution is an internally accepted way to handle any transitional phase.”
Proponents of this idea maintain that since there are only three more concept papers to be submitted the parties can easily adopt a “framework constitution” within the remaining time and continue to build on it later. There is no point, says Adhikari, in trying to find out ‘excuses’ for unconstitutional adventurism through “meticulous legal interpretation.”)
Regardless of the permutations, there remains great uncertainty about who will be Nepal’s next prime minister, and over what happens if the country does not manage to select a premier before August 31.
If it does, constitutional expert Bipin Adhikari foresees the caretaker premier quickly pushing for a further extension of the assembly’s tenure by another three months. However, he says that allowing this to happen for such a major constitutional work “would clearly be a prescription for further weakening the legitimacy of constitutional assembly”.
(The Kathmandu Post, June 19, 2011)
(Experts also agree with the German model. This model asks the parties/leaders tabling a no-confidence motion in the parliament to present alternative candidates, said constitutional lawyer Bipin Adhikari. Therefore, it makes mandatory that an alternative candidate has to be chosen while tabling such a proposal, he said. He said that since the German model has provision on the representation in upper chambers of states based on population, the Morcha might have been holding discussions on it. This model may address the Madhes-based parties’ call for representation on the basis of population, he said.)
Challenges in drafting the new constitution discussed – News (nepalnews.com, February 5, 2011) (Chairperson of Nepal Constitution Foundation, Dr Bipin Adhikari, emphasized that the process to work on integrated first draft of the new constitution must start immediately based on the drafts submitted by the thematic committees of the Constituent Assembly. “Although there are divergent proposals on some key issues, it should not prevent the Constitutional Committee to work on two or three parallel drafts, while the efforts at striking an integrated position on all these issues are under way,” said Dr Adhikari adding, “the CC should also develop a mechanism within its framework to be benefited by constitutional experts and thematic specialists available in the country outside the government framework.” “They can also work together with the Constituent Assembly to revise the CA Rules, which must be properly adjusted if the constitution is to be adopted within next four months. The formal processes that are internalized by the rules do not give much time now to adopt the new constitution without readjusting them. This also means further compromise with the participative mechanisms, and time for the people to respond to the first integrated draft of the constitution.”)
(nepalnews.com, August 7, 2010)
(Analysts, who are watching the constitution drafting exercise in Kenya from close quarters, say Nepal could learn a lot from Kenya. Dr Bipin Adhikari, a constitutional expert, said the issue of dual citizenship must be decided in the larger interest of the country. “All modern Kenyans understand how important the Kenyans residing abroad are to their economy. They are said to be the second highest foreign currency earner for Kenya remitting over $611 million dollars in 2008. These remittances are a main source of foreign exchange for the country and have significantly contributed to economic growth by providing a source of investment funds,” said Dr Adhikari, adding, “Besides, Kenya’s geo-political situation and neighbourhood situation is different than of Nepal. Some stability in the home front is of prime importance for Nepal to take crucial decisions in this regard. At the moment I think what the Constituent Assembly has proposed is not bad. It could be a basis to move into the future.”)
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