Experts argue time suggests review of Constitution’s enforcement

KATHMANDU: Frequent dissolutions of the House of Representatives (HoR) and the toppling of a majority-government suggested the need of a thorough review of the course of the enforcement of Constitution, according to the experts.

Former Chief Justice (CJ) Kalyan Shrestha has said time demanded the need of review in the implementation of Constitution for its sustainability and for the protection of federalism.

“We have encountered with numerous issues during the implementation of Constitution and time has come to identity and address such loopholes.” He spoke the need of making an overall review of the course of the implementation of the Constitution so far to ensure free and impartial election and prevent the possible ‘commercialization’ of democracy.

The former Chief Justice warned of grave consequences ahead if the country’s main law was not amended and revived as per the people’s expectations on time.

Joining the same forum, another former CJ Sushila Karki argued that the proportional electoral system was being widely misused by those leaders of political parties having a greater role for bringing democracy in the country and provisions of selection should be revised.

Supreme Court Judge Prakash Man Singh Raut said even issues which could be settled outside the court were being taken to the court and questions arose over decisions of executive, legislature and judiciary due to this trend. “The country demands judicial restraint among the Constitutional bodies.”

Also speaking at the program, CPN-Maoist Center leader Barshaman Pun was of the view that though there were doubts and questions during the promulgation of the Constitution, the progress in the implementation of federalism proved that the constitutional roadmap was appropriate.

Pun, however, echoed the need of a review in regard to the enforcement of the Constitution in a positive way.

National Assembly (NA) member Radheshyam Adhikari was of the opinion that despite debates in some particular issues, the Constitution proved to be a consensus document in terms of democracy, federalism, democracy and inclusion. However, the amendment will make the document long-lasting. Now, it has been capable to be reviewed to further consolidate the presence of the parliament.

Constitutional expert Dr. Bipin Adhikari underlined the need of institutionalizing practices and exercises made in course of addressing questions raised over the issues of inclusion, periodic election, transformation and accountability.

Executive Director of Nepal Law Society Krishnaman Pradhan and Shilu Manandhar Bajracharya were of the view that latest SC verdicts had passed energy for the protection of the Constitution, promotion of rule of law and stability of democracy.

The speakers were putting their views at a program organized by the Nepal Law Society and Constitution Watch Group here Sunday on the occasion of the Constitution Day. RSS

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