There is no constitutional basis for the restoration and dissolution of Parliament, nor can there be an alternative: Minister Sinha [Interview]

Minister for Law, Justice and Parliamentary Affairs Anil Kumar Sinha says that the government is not in favor of extending the deadline of 21 Falgun for any reason. The government has not discussed the issue of extending or postponing the election date.

पुस १३, २०८२

जयसिंह महरा, दुर्गा दुलाल

There is no constitutional basis for the restoration and dissolution of Parliament, nor can there be an alternative: Minister Sinha [Interview]

What you should know

Anil Kumar Sinha is the Minister of Industry, Commerce and Supplies, Law, Justice and Parliamentary Affairs, and Culture, Tourism and Civil Aviation of the Government of Nepal.

He is also a former Supreme Court judge who holds an important responsibility in the government, including the responsibility of holding the election scheduled for 21 Falgun. Durga Dulal and Jaisingh Mahara spoke to Sinha about the preparations for the election, which is about two months away, and the work of the government for Kantipur:

The election scheduled for 21 Falgun is approaching. At what stage has the government's preparations reached?

The objective of the current government is to fulfill the needs of the Gen-G movement to create a corruption-free and well-governed Nepal. President Ram Chandra Poudel has given Sushila Karki the responsibility to find a way out of the current situation. For this, the election to the House of Representatives has been scheduled for 21 Falgun. The main responsibility of the government is to hold the election on 21 Falgun by creating an environment where voting can be done peacefully, without any rigging and in a smooth manner.

As soon as the word election is mentioned, the issue of security comes up. The question of security has been raised a lot by the parties and in general. Leaders have raised the question of security in the discussions. Some have also raised the issue of election preparation and the election environment. Similarly, some of the Gen-G engineers are saying that elections should be held only after amending the constitution. The government has the challenge of moving forward by including everyone in the midst of so many issues. In fact, we have come to power by accepting these challenges. Currently, many problems are active at once. It is not possible to find solutions to all problems at once. For this, we have to find solutions at every stage. The government is also working to find solutions through this method.

The jurisdiction of amending the constitution is not ours. We have the main responsibility to hold elections within a limited period. Therefore, the government should move forward by adhering to the current constitution. We are not responsible for doing anything beyond the constitution. According to the existing law and constitution, we are responsible for holding elections on 21 Falgun, handing over responsibility to the newly elected government, and also entrusting the agenda of amending the constitution.

The issue and agenda of amending the constitution can be taken to the elections. And after taking that agenda, the people gladly accept it. The people also send their opinions on where to amend the constitution and who to amend it. It has been 10 years since the constitution was made. From political parties to the people, they are demanding amendments. Political parties can also convert the elections into an opportunity to amend the constitution. The elected parliament and government may also have other options for amending the constitution.

As far as the issue of preparing for elections is concerned, the only alternative to elections is elections. Nothing else can replace it. The people send the party or faction that has taken the agenda of amending the constitution to parliament by giving them their votes in the elections, which cannot be given through other options. The people send them the 'mandate' as per the requirement through elections, and also approve the agendas. There is no parliament now.

There is no constitutional basis for the restoration and dissolution of Parliament, nor can there be an alternative: Minister Sinha [Interview]

The current government is also only for elections. It is focused on this. In this situation, some parties and individuals have again raised the issue of restoring the parliament. This is a matter that is pending in the court. The government and I cannot speak on that issue. Because that is the jurisdiction of the court. Since I also come from the judiciary, I understand the seriousness and sensitivity of that.

The judiciary should do its job independently. The government does not form any opinion on this. But it seems that some parties and public stakeholders have approached the court to question whether the dissolution of parliament was constitutional or not. But the question to consider is, is the restoration of parliament an alternative to elections? Does the restoration of parliament provide the 'mandate' given by the elections? And will it be accepted by the people? Can the activists of the Gen-G movement, the families of those who lost their lives, and the injured accept it or not? 

Similarly, there is a question mark as to how the general public, who have supported the demand for change and good governance, will accept it. However, the Constitutional Bench of the Supreme Court should speak to say that the parliament will be restored judicially. The government has no choice but to comply with the decision given by the Constitutional Bench, however, was that the mandate of the people according to which the movement took place and the government was formed?

Even when the government was being formed, the President had clearly set a period of 6 months for the elections, forming a government led by Sushila Karki. Since the responsibilities and deadlines were set when the government was formed, and since that is also the constitutional obligation, the election will be held on the date set. There is no ups and downs in this. The government is not in favor of ups and downs. We are obliged to hold elections within 6 months and hand over power to the newly elected government and leave. Taking this seriously, the Prime Minister has formed a negotiation committee under my leadership to discuss with the parties. We have been active in creating an environment for the election by visiting the offices of each party and talking formally and informally.

We have not only monitored the offices of the parties that were destroyed in the Gen-G movement, we have also met and talked to the leaders. The Prime Minister has been calling the party leaders. The President has also held discussions with top leaders, including the Prime Minister. This has created an environment for the election. The relationship between the government and the parties has become more extensive and closer. This is also a situation that has created an environment for the election.

The main 'stakeholders' of the election are the parties. They are the ones who will participate in the election. The government and the Election Commission only support the election process and create an environment. The government is clear that elections cannot be held by keeping parties out, and that such elections will not yield meaningful results. That is why we have started discussions regarding the preparations of the parties.

Some parties have raised two or four issues. First, security. The government is serious about this. The same question was asked while visiting the offices of the parties. We have asked them to be reassured. The government has already made an election security plan. It is being implemented. They have also expressed concern that many prisoners are outside. But this is not the whole truth. Most of the prisoners have been arrested. Some have come into contact on their own. Some have been arrested by the police. The situation with looted weapons is also similar. The government has recovered most of the looted and stolen weapons.

Such problems have been resolved. For this reason alone, there is no longer a situation where the environment for elections cannot be created. There is no need to be so afraid of the issue of security. Nepal has already conducted peaceful and successful elections even when there are more security challenges than now (after the peace agreement). In that situation, the Election Commission and the participating parties, which conducted the elections, are still in the field. The current situation is certainly not as complicated as it was then. The parties themselves have proven in history how to prepare and win elections even in complex situations.

They could not deny that. However, the current situation is a bit different. In the context of the changes that occurred after the Gen-G movement, the government was in a situation where it was necessary to create an election environment. The government is working to form a high-level committee for this. The Minister of Communications and Government Spokesperson met and discussed with top leaders KP Sharma Oli, Sher Bahadur Deuba, and Pushpa Kamal Dahal Prachanda on Friday. We have reached out to the party offices of some parties and discussed it, and have also requested the parties to call elections. We have found that they have taken it positively.

The President had appointed the Prime Minister with the responsibility of holding elections for a fixed period of six months. You also discussed the deadline. However, there is talk that the government has reached the conclusion that it can be extended until Baisakh. Is that possible?

The government is committed to 21 Falgun. Therefore, it is not in favor of moving the deadline of 21 Falgun for any reason. The government has not discussed the issue of extending or postponing the election date. Sometimes, if there are some problems in one or two booths or if elections are not possible in two or four booths, the Election Commission decides about it. The Commission itself decides when and how to hold elections in those areas. Apart from that, the government has no interest or focus on anything else. The government has now told the Commission that it is ready to support it. The Commission also seems to be fully preparing due to the government's assurances and promises.

The Election Commission has said that it has completed about 70 percent of the administrative work. The Commission needs more than 120 items for the election. Out of that, more than 80 items are in stock. The Commission and the security forces are only having a slight problem with vehicles. There has been a commitment that those vehicles will also come as assistance from friendly countries.

There is no constitutional basis for the restoration and dissolution of Parliament, nor can there be an alternative: Minister Sinha [Interview]

Similarly, the 'logistics' required by the Election Commission are also being managed. The Ministry of Finance is coordinating the financial needs. It is seen that the Commission is also trying to work in a very cost-effective manner, keeping in mind the current situation. Due to this, they have also helped a lot in preparing the budget. The government has received a 'briefing' that the Commission has reached a stage where it can hold elections at a low cost and on time.

Judiciary Council has decided to deploy judges for the elections. Training of employees and judges will begin soon.

The Commission and the government are thus on the path to elections. The Commission is seen working on a war footing, while the government is also providing the same level of support. This is also a litmus test for the Commission. They have prepared with the courage to hold elections even in a sudden situation, so there are no obstacles or problems. Political parties should also have prepared at the same level. But that is not the case. Their preparations are going on internally.

The day the parties publicly call on their workers to 'now we must go to the elections', it immediately reaches the districts and villages. Because their organization and network extend to the local level. Their 'network' can create an atmosphere for elections in a single day. We do not have this today. But, we request them, now you speak, the time has come to speak. In our meeting, the parties have said that they will speak now. The parties have said that they are in the internal decision-making process, have just completed the general convention and are preparing to unify some new parties and forces.

The government believes that they will definitely call for elections by giving some direction to this process. Because the parties have to go to elections. Since the only way out now is elections, the parties have not thought beyond that. We have not thought either. The party and we are on the same page on this issue. If the party and the government are on the same page and the commission is also ready to hold elections, then what problems are left? Nothing. And if there are no problems, no obstacles, why should there be confusion in the elections on 21 Falgun. The government feels that there should be no confusion now, but that the elections will be held.

On the other hand, the question of whether to postpone the elections from Falgun does not seem to be justified. The time allotted to us is 21 Falgun. The elections will be held on that same date. I have said before, if there is no reason why the election should not be held on the scheduled date of 21 Falgun, why should it be pushed to Baisakh or some other date? We are eager to hold the election on the scheduled date as soon as possible and hand over power to the elected government as recommended by the Commission. The government that we trust and the current young generation also trusts. We believe that there will be more participation of the youth in the election. The government has also believed that Gen-G is also coming out with a vision and is approved by this election. I also believe that their presence will make the newly formed House of Representatives even stronger.

The parties should submit the closed list of proportional representation to the Commission by 14 Poush. After that, the parties will also really feel the need for elections. After that, the parties will start campaigning. What is the government's preparation regarding the security required to reach the villages?

The government is in a state of preparation regarding security. The government has already made a security plan. Through the integrated security plan, the government will protect everything from election campaigning to polling stations and voters. Training has also started for this. We have planned to mobilize all three security agencies. Some have also raised questions about the army being mobilized for the election.

We are not going to mobilize the army for the election. This is the same integrated security plan for the election as before. The current government has followed the practices of the past elections. The security plan that was implemented in the previous elections has only been continued. Nothing much different has been done. The Nepali Army will be in the third circle during the election. The Nepal Police and the Armed Police Force will be in the first and second circles respectively. Only then will the army be present. The security mechanisms have been built in the inner circle and the middle circle, just as the 'election police' used to be.

There is no constitutional basis for the restoration and dissolution of Parliament, nor can there be an alternative: Minister Sinha [Interview]

This time, the only problem is the weak 'morale' of the police. It is seen that their morale has dropped a bit due to the lack of police posts and vehicles. But the security personnel have already overcome that situation. The police have made their own preparations. This will also be resolved when the election is over. Because the government has already made arrangements for them in terms of resources. In our discussions, the security agencies have promised that there will be no reduction in the security of the election. The current government's objective is to work to fulfill whatever needs are there to create a corruption-free and well-governed Nepal as per the aspirations of the Gen-G movement.

Parties like the Congress and the UML seem to be preparing for the restoration of the parliament and the elections simultaneously. Is this a lack of confidence in the government or not? What is the government's understanding?

Anyone can say that as soon as the parliament is dissolved, the court should decide whether it is constitutional or not. The parties have also gone for this option. This is their right and should be taken as a matter of course. It is natural for the Congress and the UML to go to court. They have also prepared for the elections in parallel.

As the date for submitting the closed list of proportional representation approaches, they are in discussions to prepare the list. The Congress is also in the process of recommending candidates from various districts. This shows that they are also preparing for the elections. This can be taken positively. I think the court should also give a timely response to their petitions. Since the parties have been saying that they are preparing for the election as well as waiting for the court's decision, it seems that they may focus on one side if the decision is made on time.

It is good that the court can deliver justice to disputes of any nature as soon as possible. This is everyone's desire and the government's too. Be it issues of public concern or issues of personal concern. It should be resolved quickly. This is also the aspiration of the parties. When it comes to the restoration of the parliament, not only the parties but also some people from Gen-G have started saying that there is no constitutional basis for restoring the parliament for a while and then dissolving it again.

Such an option cannot be there. Since this is an issue coming from Gen-G itself, there is no need for the government to look at it differently. The Gen-Gs were initially unclear about how to amend the constitution. They were also heard talking about an interim constitution like the one issued in 2063 BS. But we have come a long way from that situation.

The situation in 2063 and the current situation are very different. There is no uniformity in the demands and issues of Gen-G. Therefore, it may be very easy for those who come through elections to amend the constitution. That is considered to be approved by the people on political issues. Now, it must be approved by the people again. It cannot be said that the amendments made now must be passed. Because the new parliament is sovereign in itself.

If the government and leadership against which the youth came to the streets yesterday are reinstated and the same leadership is recognized, there is still the possibility of another movement. The country has been shaken by such movements today, can it tolerate more movements? What is the state of the economy? Industries have not been able to function. Industries have not been able to produce.

Nepali materials have not been able to be exported abroad. There is no production. The economy is not running. How long will the country run on the basis of remittances from abroad? Nepali investors are fleeing abroad because there is no investment environment in Nepal. And should we create an investment environment in the country or just hold one movement after another? Therefore, the country cannot bear such movements anymore. Now we have to come out of the movement. We have to move forward saying that what happened as the last movement should not have happened.

You are in the government on the strength of the Gen-G movement. They have raised questions about you. The Prime Minister himself publicly expressed his annoyance by saying, 'They say quit today, quit tomorrow.' Have you failed to explain or have Gen-G not tried to understand?

Even now, our words and actions should be in accordance with the constitution. It should come through the path of the constitution, through constitutional methods and with the approval of the people. But it seems that the understanding of some Gen-Gs is only that it happens after approval from the movement. This is not the true understanding. The state is run on the basis of law and the constitution. Some Gen-Gs have been found to have opposed it due to direct conflict of interest. But the government is not moving in that direction. The government is almost in the final preparations for the elections.

Now our preparation is focused on going to the party offices and creating an environment of consensus. Similarly, the necessary training is also underway to empower those who will be deployed in the elections. The government is conducting public awareness campaigns for those deployed in the elections. After a week, the parties will become more election-focused.

After the parties submit their closed lists for proportional representation, they will focus on the direct election. Now the Election Commission is starting a voter education program. This will make voters election-focused. The government is also in dialogue with civil society. The government does not move forward by excluding or ignoring civil society. Discussions are underway with them. Civil society is a group that both warns and supports. We will move forward with civil society.

There is no constitutional basis for the restoration and dissolution of Parliament, nor can there be an alternative: Minister Sinha [Interview]

  Discussions are also underway on whether Nepalis living abroad will get the right to vote or not. What is the government's preparation?

The government has thought very positively about granting the right to vote to Nepalis living abroad. A study was also conducted for the legal framework required for that. But in today's situation, it was seen that law alone will not suffice. It will require sufficient time and preparation for that. The current preparation does not seem to be sufficient. However, we will start preparations now to give voting rights to Nepalis living abroad. Since the previous governments did not seem to have started any preparations, it does not seem possible now. This government has prepared a document. Now, the governments that will come on its foundation will be able to give voting rights to those living abroad as well.

There were discussions in the past regarding allowing Nepalis living abroad to vote outside the district or constituency. Will it be implemented this time or not?

That issue is also under discussion now. Recently, the government has tried very hard to give voting rights to Nepalis living abroad. Studies have also been conducted. Similarly, the Election Commission has not expressed any disagreement on the issue of allowing Nepalis living abroad to vote outside the district or constituency. We are in discussions about whether the Commission can make that preparation or not. The Commission itself will decide how possible it is to implement it in the limited time.

The government will support if the Election Commission says it is possible, but it may not do so if it says it is not possible. From living abroad to being outside the district and many other issues came up at once. The Election Commission has less time to prepare. Because of that, it has become impossible to do much work even if we want to.

While the Commission and the government are in discussions on matters outside the constituency, the parties have not given a concrete answer. If the parties themselves insist on providing such facilities, the Commission will definitely take some decisions. And, the government will also cooperate. Political parties should also be prepared on these issues. Political parties should take ownership for that. If that happens, it can be done immediately. The government has not been able to take any decisions because the political parties have not openly expressed their views on this matter.

Discussions used to be held with the second-tier leaders of the party. Now the Prime Minister has started discussing with the top leaders. Is this initiative being taken because the election environment has not been created?

We have been continuously discussing in the past as well. In the past, letters have been written to the parties. Discussions have been held with those whom they sent. After the discussion of the top leaders at the President's Residence, the Prime Minister also called such a meeting on his own initiative. The purpose of doing this is not to create an election environment, but to create more. There is no security concern, security preparations are sufficient, let's go ahead with the election campaign with confidence.  

This is a civilian government. It has been given the responsibility of holding elections. You certainly will not participate in the elections. But some ministers in the government have made preparations from forming a party to contesting the elections, right?

We are in discussions about that. They are also preparing to bring their own line of action to the discussion. They will decide on that soon.

जयसिंह महरा महरा विगत ९ वर्षदेखि पत्रकारिता गरिरहेका छन् । उनी राजनीतिक घटनाक्रम तथा संसदीय मामिलाका समाचार लेख्छन् ।

दुर्गा दुलाल दुर्गा दुलाल कान्तिपरका पत्रकार हुन् । उनी कानून, न्याय र संवैधानिक मामिलाबारे रिपोर्टिङ गर्छन् ।

Link copied successfully