(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.”)
