In a meeting held at the Prime Minister's Office on Monday, senior advocates and constitutional experts said that the constitutional amendment jointly made by all parties will be long-term and that it should be made to address the people's issues in a timely manner.
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Constitutional experts have suggested that the task force formed to prepare a debate paper for constitutional amendment should prepare a common resolution to improve everything from the judiciary to the electoral system and move forward with it.
In a meeting held at the Prime Minister's Office on Monday, senior advocates and constitutional experts said that the constitutional amendment made jointly by all parties will be long-term and should be able to address the people's issues in a timely manner. Constitutional expert Purnaman Shakya suggested that the amendment should be moved forward only in a way that does not affect the basic structure of the constitution.
Another constitutional expert, Dr. Bipin Adhikari, argued that it would be appropriate to give the Prime Minister the right to dissolve the parliament while continuing the full parliamentary system. Similarly, constitutional expert Radheshyam Adhikari suggested that the constitution should be amended only after extensive discussions rather than in a hurry, as it is a bridge between the citizens and the government.
Another senior advocate, Shambhu Thapa, emphasized that the debate agendas should be moved forward in a credible manner so that the parliament takes ownership. Senior Advocate Mira Dhungana expressed the view that gender participation should be ensured at every level of the state by further clarifying the provisions of women's rights in the constitution.
Senior Advocate Govinda Sharma Bandi suggested that the Law Minister and the representative of the Nepal Bar Association should be removed from the Judicial Council structure to free the judiciary from political interference.
Another senior advocate Shambhu Thapa warned that even if the proposed issues are relevant, they should be accepted by the parliament. Speaking in favor of women's rights, senior advocate Mira Dhungana suggested that gender participation should be further clarified in the constitution, while senior advocate Tikaram Bhattarai questioned the constitutional legitimacy of the task force and expressed the view that it would be more effective if its coordinator was a member of parliament.
Questioning the legitimacy of the task force
While making suggestions, senior advocates also questioned the legitimacy of the task force. Senior advocate Shambhu Thapa said that the constitution amendment task force formed under the leadership of the Prime Minister's advisor is not an elected one. He raised the question of whether it has the authority to recommend changes to the constitution passed by the majority of the parliament. He suggested that this task force should be formed under the leadership of an elected MP.
Senior advocate Radheshyam Adhikari, Tikaram Bhattarai and others also raised the question of whether a person selected by the Prime Minister rather than elected by the people can lead the constitution amendment. After the experts' suggestions, coordinator Asim Shah defended the government by saying that it is not going to amend the constitution unilaterally, but only prepare a discussion paper and that all the rights to amend will belong to the parliament. He urged that there should be no confusion about this and that there should be no such suspicions.
Speaking at a consultation meeting with constitutional experts and legal experts organized at the Office of the Prime Minister and Council of Ministers, Coordinator Shah clarified that the task force has been formed in accordance with the government's 100-day action plan. He said that amending the constitution is a common issue that can only be possible on the basis of a complete national consensus, not the will of any one party or government.
He said that his party, the National Independent Party (NISP), has prioritized the issue of amending the constitution in its manifesto and said that a report prepared after extensive discussions with stakeholders will be submitted to the Prime Minister within the next 15-20 days.
