The Speaker said, ”If Parliament is restored and the powers of the legislature are restored, the proposals for constitutional amendments necessary for policy reform can be immediately taken forward. The restoration of Parliament can also be fruitful for the Gen-G generation. The country can be brought back to normal as soon as possible.”
What you should know
Speaker Devraj Ghimire has said that the demands raised by the Gen-G generation can be met immediately if the Parliament (House of Representatives) is restored. During a discussion with officials of the Nepal Bar Association on Thursday, Speaker Ghimire said that the Parliament should be restored to fulfill the demands raised by the Gen-G generation, including constitutional amendments.
The Speaker had called the Nepal Bar Association officials for a discussion on Thursday to decide whether to go to the Supreme Court with a writ petition against the dissolution of the House of Representatives. The discussion was attended by Bar Association President Senior Advocate Bijay Mishra, General Secretary Senior Advocate Kedar Koirala and others.
In the discussion held at the Speaker's office in Singha Durbar, Ghimire said that the restoration of the parliament is necessary to immediately fulfill the demands raised by the Gen-G generation. 'If the parliament is restored, it will create a situation where the demands of the Gen-G generation and the political, social and good governance agendas can be addressed through the parliament and the government through constitutional means, while continuing the current mandate. The restructuring of the executive and legislative branches is not possible until new elections are held according to the constitution. Only then can the process of amending the constitution begin, which is a long-term process. "I have seen that the form of governance can change in just one election cycle, i.e., in about 6 years," the Speaker had said. "If the parliament is restored and the powers of the legislature are restored, the proposals for constitutional amendments necessary for policy reform can be immediately taken forward. Therefore, the restoration of the parliament can also be fruitful for the Gen-G generation. The country can be brought back to normal as soon as possible."
On the recommendation of the government, the House of Representatives was dissolved on Bhadra 27 and elections were announced for Falgun 21. Speaker Ghimire said that the House of Representatives that emerged from the elections will not be able to amend the constitution as Gen-G demanded.
Speaker Ghimire has not yet reached a conclusion on whether to file a writ petition against the dissolution of the House of Representatives and go to the Supreme Court. According to Speaker Ghimire's press expert Shekhar Adhikari, consultations are ongoing with political parties, legal practitioners, constitutional experts and other stakeholders on whether to go ahead with the case.
The Speaker had sought suggestions from the Bar officials on how to move forward legally, politically and practically against the dissolution of the House of Representatives. Bar Chairman Mishra had suggested to the Speaker that they should move forward with vigilance to protect the constitution and the system. Mishra had said that the constitution, which was built over seven decades and thousands of sacrifices by the people's representatives, should be protected. Speaker Mishra had expressed doubts about the elections scheduled for Falgun 21. 'The constitution is the result of the sacrifices of 17,000 to 20,000 people in the Maoist People's War. The constitution and the nation should be protected. "It seems that the elections will not be held on time due to peace and security, etc.," the Speaker's press officer quoted Mishra as saying, "The problem was solved in Sri Lanka by finding a solution within the constitution, by holding elections. The elections in Bangladesh are uncertain by going outside the constitution."
Bar General Secretary Koirala recalled that the Nepal Bar had initially issued a statement opposing the dissolution of the parliament. "We have expressed the opinion of the Nepal Bar before the parties in opposing the dissolution of the parliament. Our institutional branches are united in that opinion," Koirala had said, "The Nepal Bar will not go to court institutionally with a writ against the dissolution of the parliament. Writs have been filed, the court can demand amicus curiae from the bar. 51 percent of the members of the House of Representatives go to court and it is important. The Speaker has been made a defendant in the writ filed in the Supreme Court."
Koirala had said that there was no environment for political parties and MPs to go to court with a writ against the dissolution of the House of Representatives. He estimated that the parties may not have gone to court against the dissolution of the Parliament because they felt insecure. Koirala had suggested that it would be better not to go to court with a writ since the Speaker is a common position.
Before that, Speaker Ghimire had consulted with former Attorneys General. They also suggested that the Speaker not to go to the Supreme Court against the dissolution of the House of Representatives and the formation of the government. Former Attorneys General Bharat Bahadur Karki, Khamma Bahadur Khati and Mahadev Yadav participated in the discussion.
Karki and Khati were of the opinion that the Parliament should be restored, while Yadav was of the opinion that elections should be held. But all three were of the same opinion that the Speaker should not go to court with a writ. 10 writs have been registered in the Supreme Court demanding the dissolution of the House of Representatives and the dismissal of the interim government. The Supreme Court administration has stated that the initial hearing on the writs has been scheduled for Kartik 12.
