How likely is direct executive election this time?

Now the question of a directly elected executive has also been raised for a permanent government. But since the parliament that can amend the constitution for changes in the form of government has been dissolved, the upcoming elections are also being held through this system. The demand is for a directly elected executive, but the parliament that can provide for it has been dissolved.

आश्विन ३, २०८२

राजेश मिश्र, किशोर दहाल

How likely is direct executive election this time?

The Constitution made by the People's Elected Constituent Assembly completed 10 years on Friday. In the system of periodic elections in 5 years, since there are 2 elections during this period, usually 2 governments should be formed, but 9 governments have been formed. On the strength of Gen-G movement, 3 leaders of 3 parties have been prime ministers in all the governments before Sushila Karki's leadership.

 

In 10 years, KP Sharma Oli became Prime Minister four times, Sher Bahadur Deuba and Pushpa Kamal Dahal twice each. Therefore, the question of a directly elected executive has also been raised for the permanent government, but since the parliament, which can amend the constitution to change the form of government, has been dissolved, the next election will also be held through this system. The demand is for a directly elected executive, but the parliament that can arrange it has been dissolved. 

23-24 August One of the many reasons for the rise of the Zen-ji movement was that some people became ministers several times. Always the same face in power. If the records of 10 years since the promulgation of the constitution are to be considered, it can be said that the federal and state governments have become ministerial factories. Excluding the Sushila Karki-led government that was formed recently, eight governments were formed in the Union after the promulgation of the Constitution.

UML's Bishnu Paudel is such a person, he was the finance minister before the Gen-G movement brought down the government, and he has been a minister 5 times only after the promulgation of the constitution. Similarly, Janardan Sharma of Maoist, Shakti Bahadur Basnet and Gauri Shankar Choudhary, Top Bahadur Rayamazhi who became Maoist and later UML, Damodar Bhandari of UML and Prabhu Shah who started his own party through Maoist and UML have become ministers four times.

Similarly, Raghuveer Mahaseth of UML, Girirajmani Pokharel and Rekha Sharma of Maoists, Ram Bahadur Thapa, Lekhraj Bhatt and Jwalakumari Sah of UML from Maoists, Deepak Bohra of RPP, Saratsingh Bhandari and Pradeep Yadav of Madhesi Dal, Prem Bahadur Ale who is a socialist from UML and Bikram Pandey of RPP have been ministers three times each.

In total, 277 people have been ministers 376 times in 8 governments. The main targets of the Gen-J rebellion are economic corruption and political instability. The cycle of spending money to win the election, collecting the expenses after winning and doing corruption to prepare to fight the election again is going on in Nepal. It was the youth who were dissatisfied with the trend of changing governments and the same person becoming the prime minister or minister again and again.

Even in the movement of Jen-G to overthrow the government, the demand to elect the executive prime minister through direct elections was strongly raised in order to end such instability. However, since the parliament that can amend the constitution has been dissolved, this issue is now constitutionally sidelined, politically, this issue is still alive. 

10 years ago, during the creation of the constitution, there was a voice that there should be a directly elected executive president or prime minister. The UML proposed a directly elected prime minister and the Maoists proposed a directly elected president. However, according to the proposal of the Congress, the election was held by consensus between the constitutional president and the executive prime minister. However, Nepali society is fed up with the practice of changing the Prime Minister based on parliamentary arithmetic.

That is why this agenda is at the center of the debate when the discussion of constitutional amendment is going on. Young advocate Yatish Ojha says that although the system of directly elected executive provides stability, it can give rise to dictators because they are not accountable to the parliament. Yes, many things have happened on the street. However, there is a need for a lot of debate and discussion on this matter," he says. "Jen-G movement is mainly against corruption and misrule. Therefore, the way of good governance can be found within the system and constitution.

Ojha says that although there are many examples of directly elected executive president in the world, there is no practice of directly elected prime minister. "Israel practiced a directly elected prime minister for a while, but then moved away from it," he says.

Israel implemented this system in 1996 and changed it in 2001. The practice of directly elected executive president is in America, Mexico, Argentina, Brazil, Costa Rica, Colombia and other countries. Gen-G activist Diwakar Upreti says that there is a need to amend the constitution to remove some of the unproductive structures, but that arrangement is only possible through the House of Representatives which comes from the election.

In the current movement, some of our friends also raised the issue of a directly elected executive head. Someone argued that the constitution should be amended and the directly elected prime minister should be elected now," he says, "It seems that many people do not understand the constitution and the process. Whatever we do, we have to do it within the constitution. Amendment of the constitution is not possible before the election.' 

Vinita Paudel, a young advocate, also does not see it possible to go through with the directly elected executive prime minister for political stability. That is a matter related to the amendment of the constitution. The amendment can only be done by the Parliament," she says, "Now the first priority is to send good and good candidates to the Parliament from the upcoming elections. If that cannot be done, the movement will not achieve anything. The same parliament will discuss the form of government or the electoral system.'

Apoorva Khatiwada, a deputy professor of the law faculty of Tribhuvan University, argues that the dissatisfaction has come to the streets without being covered by the constitution. He says that sometimes we have to go outside the constitution to address the language of the street and the desire for sacrifice.

'People want change and make sacrifices and the constitution should not be used, but change should be done according to the constitution?' He says, 'If the change is according to the constitution, there will be no movement.'

He says, 'There can be two processes in terms of constitutional amendment. One is to manage this transition and institutionalize change based on that, and the other is to create an environment of political consensus to ensure constitutional change after the election.' The Congress, on the other hand, was in favor of the arrangement for the Prime Minister to be elected by the members of the House of Representatives elected by the people. After a long discussion, the provision of the Prime Minister from the House of Representatives was placed in the constitution. 

The electoral system is determined according to the government structure of the country. In the existing system, the election of the House of Representatives is considered important as the Executive Prime Minister is elected by the House of Representatives. On the recommendation of Prime Minister Karki, President Ramchandra Paudel has fixed the election of the House of Representatives for the next 21 February. 

As the Constitution of 2072 remains the same, the leader of the party that will get the majority in the House of Representatives will become the Prime Minister in the upcoming elections. The constitution does not recognize the demand for a directly elected executive. If it is to be introduced, the constitution itself should be amended. For that, two-thirds of the parliament is required. According to Jen-G's demand, the House of Representatives has been dissolved on August 27. 

In the constitution, it is said that the constitution cannot be amended in such a way as to harm Nepal's sovereignty, geographical integrity, independence and the sovereignty vested in the people. Apart from that, any article of the constitution can be amended or repealed. There is a provision that the Constitution can be amended by a majority of at least two-thirds of the total number of members in both houses of the Federal Parliament (House of Representatives and National Assembly).

Former Supreme Court judge Krishnajang Rayamazhi says that there is no situation to amend the constitution now. As students of constitution and law, we look at it from the point of view of law. Since there is no House of Representatives now, the constitution cannot be amended according to the values ​​of democracy,' he says, 'We should understand the sentiments of the Gen-G movement and walk according to the constitution. The House of Representatives that will come tomorrow can amend the issues it deems necessary.' 

Former judge Rayamazhi says that the current government should focus on creating an environment to hold the election of the House of Representatives on the specified date. Political instability did not make the country. Whoever came looked at himself, his relatives and relatives. Corruption increased. Action against the corrupt should be carried out through the established mechanisms,' he says, 'Jain-ji mainly opposes misrule and corruption. However, there is no constitutional way to amend the constitution right now.

Constitutionalist Bipin Adhikari also says that if some amendments are needed in the constitution, the only legitimate way is the House of Representatives. "Therefore, it is possible only through the House of Representatives formed after the election." He argues that the constitution is not to blame for the increase in instability, corruption or many distortions. Is the structure of the constitution or politics the cause of instability? It is important to be clear about this," he says, "Corruption has affected the entire body. The reason for the distortions is not the constitution, but leadership and politics.

He says that there is no place for a constitution that has not been fully implemented and is not moving. Was the implementation of the constitution faithful or not? Therein lies the bigger problem. There is a problem in the choice of the leader,' said the constitutionalist officer, 'Youth is looking for an end to misrule and corruption.' 

Lately, the election system has also been widely questioned. It is said that the leaders have become corrupt because of the money and power used in the elections. There has been criticism that the trend of collecting expenses from industrialists and businessmen for elections and working in collusion after coming to power has become widespread. 

In the election of 2079, the Election Commission set an expenditure limit of Rs. But most of the candidates belonging to the big parties spent without increasing the said limit. Despite spending up to 10 times more on average, the candidate submitted false expenditure details to the Commission. In a study conducted by an organization called Collective Campaign, it was revealed that 90 percent of the candidates submitted false information to the commission.

In the House of Representatives, 165 members will be elected by the (direct) system and 110 members will be elected by the proportional system. Therefore, the constitution itself should be amended to change this system.

Former Chief Election Commissioner Bhojraj Pokharel says that although reforms are needed in the governance and election system, there is no situation to move towards that. If we want to reform everything and only hold elections, there will be no elections in 6 months. There should be a balance between the demands of the Gen-G movement and the provision of the constitution,' he says, 'There is no position to run the constitution.' Pokharel says that some aspects of the

election can be improved by amending the law through an ordinance. "There is no corruption in the elections, the law can be reformed to ensure that people from the younger generation become candidates. "It is possible to make a legal arrangement to nominate candidates for youth under 40 percent," he says, "a powerful mechanism can be made to take action against candidates who spend more than the prescribed limit, and to cancel their candidacy." The draft submitted by the Commission to the Ministry of Home Affairs was not forwarded. The government can amend the law through an ordinance by including the provisions in the bill or the matters that are felt to be necessary now. 

According to the former Chief Commissioner Pokharel, although the minimum age limit for being a candidate has been set, the maximum age limit has not been set, so people who are over 65 years of age cannot be candidates. "Transmission is the main issue now. Now naturally, if the leaders don't retire, they will have to be forced to do so," he says. "According to the sentiments of the Gen-G movement, it is appropriate to amend some legal provisions and go to the elections. This is the interim government. There is no political party participation in that either. There is no need to show compassion or love to anyone.' 

The former Chief Commissioner Pokharel points out that the seats on the proportional side are being criticized because they are being taken by relatives, money and donors. "The attention of the interim government should be directed to ensure that there is no more disappointment in the agitating generation," he says. 

The constitutionalist officer also says that the current government can make necessary amendments to the law to prepare the basis for free and fair elections. "He said, 'He says," he says, "I say,' The purchase of the ticket can be arranged for controlling the border. Stamp distributions are not the leadership of the above, not the leadership of the tickets, but the deaths of the tickets will be reduced. '& Nbsp; The law that Prime Minister to represent

Jane-Gone is due to non-profitable corruption. 'We need it for the Prime Minister. That also gives stability, 'he says. Oja also said that the issue of directly elected executive PM to address the issue through the constitution amendment.

10 years in 10 years, who said?

5 times Minister:

& Nbsp; Bishnu Poudel.

4 times, Minan Story - Nbsp; Janitan Sharma, Damodar Bhandari, Payroll Basnet, Gaurisankar Chaudhary. s 3 times, Piracumini Pokharel, Pradiprai Bhandari, Pradiprai Bhandari, Piratewhi Bhandari, Shrikweh Bhandari, Shrown Yadar, Ram Bahadur Thapa, Ram Bahadur Thapa, Ram Bahadur Thapa, Ram Bahadur Thapa, Ram Bahadur Thapa, Ram Bahadur Thapa, Ram Bahadur Thapa, Ram Bahadur Thapa, Ram Bahadur Thapa, Ram Bahadur Thapa, Ram Bahadur Thapa, Ram Bahadur Thapa, Ram Bahadur Thapa, Ram Bahadur Thapa.

२ पटक मन्त्री : ईश्वर पोखरेल, उपेन्द्र यादव, वर्षमान पुन, बालकृष्ण खाण, रमेश लेखक, रवि लामिछाने, कमल थापा, कुन्ती शाही, कृष्णगोपाल श्रेष्ठ, कृष्णबहादुर महरा, योगेश भट्टराई, रघुजी पन्त, भीमबहादुर रावल, भीमसेनदास प्रधान, Ganesh Singhnah, July Kumari Mahato, Gyanendra Bahadur Karki, Dr. Shivama Mahatha Budha, Parjadh Guru, Parjadh Guru, Darwakh Mahauk, Parvadar Guru, Prakh Bahadur Johai, Pradam Kumar Gyawali, Pradu Chudur Singh Singh Singh, Pradu Babuh Singh, Love Stadi Singh, Banaram Officer, Basant Kumar Nemwang, Bhanubhakta Dhakal, Manikhindra Thapa, Mahindar opinion Yadav, Mohan Bahadur Basnet, Verdra Bahadur Mahat, Shiren Bahadur Mahat, Sitra Bahadur Lama, Sitra Bahadur Devastada, Sitra Bahadur Deuba, Sitraj Gurung, Surendra Raj Acharya, Sompsad Pandey, Hari Prasad Upretti and Kindeh Tripathi.

s 1 times, Past Bahadur Phadra, Narayan Khadel Khoud, Narayat Plaque Poudel, Narayat Plaque, Narayam Phadel, Narayam Plagal, Narayat Plagal, Narayam Phardel, Narayam Plagal, Narayat Plaque, Narayat Poudel, Narayam Plagal, Narayat Plagal, Narayam Plagal, Narayam Phadel, Narayam Poudel, Narayam Plagal, Narayam Poudel. Sapkota, Dr. Roj Rana, Dr. Narayan Khadka, Dr. Minendra Prasad Rijal, Nobndra Raj, Rabolra Shidi, Rabil Shrestha, Rabil Shrestha, Laxmanlal, Laxmanlal Khasi, Lakshmanlal Bhattarai, Rajkishar Yadav, Gotokar Parcota, Anulikar Jhorus, Arjunnar Singh KC, Ashok Rai, Hista Kumar Pokharel, Azastar Modia, Azastar Modi, Ajakar Modi, Hope Koirala, Hope Kiyla, Hope Kiko, Indra Bahadur Baniya, Uhwashanhamer, Uma Regmi, UMakar Chaudhary, Umar Mankar Aruraia, Unger Yadav, Umesh Shrestha, Kamal Kumari, Krishna Kumari, Kri Bahadur Bhadkuma, Kani Bahadur Bhavura, Krihash Kumari Sharma, Kani Bahadur Hamuki, Krihnah Kumari, Krihnah Kumari, Krila Bahaduri, Krihash Kumari, Krila Budhi, Krila Bahadur, Krila Budhi, Kani Haladur Hamille, Krihush Kumari, Krihush Kumari, Krihush Kumari, Krihu Jurkhi Hamille, Galash Bhadi, Gopalman Shrestha, Goom Kunwar, Govindra Prasad Sharma Koirala (Govinda Badi), Donate Chaudhary, Champhakantvi Chaudhary, Chhetur Bahadur Sunari, Jagdev Marj Chaudhary, Jagdeva Chaudhary, Jitendrarayan Dev, Tek Bahadur Basnet, Dr. Vehm Bahadur Lemu, Dilman Bahadur, Karki, Dilman Chaudhary, Dilman Bahadur, Dilman Bahadur, Khalman Karki, Dilmanha Guru, Khalman Karki, Dilmanhah Ghushai, Dilman Gradwal Karki, Dilman Chaudhavanari, Dikkhi Shrestha, Dark Karki, Deepak Karki, Deepak Bahadur Singha, Deepak Karki, Deepak Karki. Delician Sah, Devaranndra Dahal, Dhumaya Vika Vika Vika Vika Vika Vih, Kharaj Gurung, rhiraram, Bhunaya Vikari Poudel. Khapung, Bhanubhakta Joshi, Bhasar Plants, Manjukumari Chaudhary, Mahendra Bahadur Shavar, Mother General Chaudhaj, Mithra Khadrash, Mithra Khadrash, Mithra Khadarti Yadav, Maghikur Chaudhaji, Maghikur Secragor, Mother Kathmandu. Mohammed Jansen, Yaga Kaga Kaga Kaga Kaga Kaga Kaga Kaga Kaga Kaga Kaga Kejkirikari Lama, Ramjita Shrestha, Ramees Rijal, Prince Gupta, Ram Kumar KC, Ram Kumari Khadan, Ram Knikar Khadan, Ramjan Bahadury, Ram Wamahayrap's Prasad Yadav, Ramjanjam Chaudhary, Ram Regusadra Prasad Yadav, Ram Sixwoman Rai, Rupu Vik, Gurung, Rupukiri Yadav, Room Prasad Srival, Srival, Verma Rai Poudo, Virajar Paspa, Shivla Bhali Khati, Shankar Bhartar, Shivlal Thapa, Shivlaral Thapa, Shivla Bhali, Shiva Bhalal, Shiva Bhalal, Shankar Rai, Sher Bahadur Kunwar, Sher Bahadur Kunwar, Sher Bahadur Kunwai, Sher Bahadur Kunwar, Sher Bahadur Kunwai, Sher Bahadur Kunwar, Sher Bahadur Kunwai, Sher Bahadur Kunwar, Sher Bahadur Kunwar, Shyam Kumar Shrestha, Mr. Prasad Jedujum Kumar Gautam, Satyamarayan Mandal, Satyanarayan Bhagati, Survan Parvari, Survan Mahat, Survan Mahat, Suudan Khihuj, Survan Khiti, Survan Khihuj, Survan Khuhuraj, Survan Khihuraj, Survan Khiti, Survan Khiti, Survan Khiti, Survan Khiti, Hitha Bahadur Tamang, Hiraharchandra KC.

राजेश मिश्र दुई दशकभन्दा बढी समयदेखि पत्रकारितामा सक्रिय मिश्र कान्तिपुर दैनिकका संवाददाता हुन्। उनी राजनीति, कुटनीति, निर्वाचन प्रणाली र संघीयताका बिषयमा लेख्छन् ।

किशोर दहाल दहाल कान्तिपुरको दैनिकको अप-एड व्युरोका संयोजक हुन् । उनी राजनीतिक इतिहास र संसदीय परम्पराबारे रुचि राख्छन् ।

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