Some issues of constitutional amendment

The future legislature should be formed in a way that provides proportional representation to farmers, workers, entrepreneurs, intellectuals, students, scientists, teachers, doctors, and minority communities, and the work of the legislature should be limited only to the task of making laws.

Poush 27, 2082

Wimal Acharya

Some issues of constitutional amendment

We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:

This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

The Gen-G movement that took place on 23 and 24 Bhadai has created a new environment in politics. With the consent of the Gen-G, an interim government led by former Chief Justice Sushila Karki has been formed, the parliament has been dissolved, and the next election to the House of Representatives has been scheduled for 21 Falgun.

This step has appreciated the sentiments of the sovereign people. This situation has raised constitutional questions, and on the other hand, it has also revived the issue of constitutional amendment. After the movement, the issue of direct executive head and constitutional amendment was resumed, which has not ended.

The issue of directly elected executive has been raised to end the game of arithmetic and factionalism in parliament and for a strong and stable government. But the system of directly elected executive is very difficult to implement immediately.

Article 76 of the Constitution provides for the appointment of the Prime Minister. It provides that only a member of the House of Representatives can be appointed as the Prime Minister. The Constitution does not envisage a directly elected executive Prime Minister. If an executive Prime Minister is to be appointed, it is necessary to completely amend Article 76. Along with Article 76 of the Constitution, amendments to other articles including Articles 100, 77 (c) are also necessary, because these articles are related to Article 76.

According to Article 274, two-thirds of the members of both houses are required to amend the Constitution. But the President has dissolved the House of Representatives on the recommendation of Prime Minister Karki, who was appointed after the Gen-G movement. In this way, the constitutional path to implementing the system of a directly elected executive Prime Minister or President is closed until a new House of Representatives is elected in the February 21 election as demanded by the movement. Nevertheless, it is possible to discuss the options that can be adopted in the coming days.

First, the House of Representatives to be formed after the election of the House of Representatives and the then National Assembly can amend the constitution based on a two-thirds majority and implement the system of an executive Prime Minister. But the agitating Gen-G generation does not want that because it is not certain that they will get two-thirds of the parliamentarians in the election, as per the sentiments of Gen-G.

Although some parties have raised the issue of a directly elected executive, they have not raised their issue in the government and parliament before. Therefore, there is no basis to trust those parties when they come to parliament now.

One must be 25 years of age to run for office in the House of Representatives election. Whereas, the maximum age for Gen-G is 29 years. In this way, only Gen-G candidates aged 25 to 29 will be able to stand as candidates in the upcoming elections. Therefore, the number of Gen-G in the parliament will be small. On the other hand, to become a member of the National Assembly, the next house of the federal parliament, one must have completed 35 years. Gen-G cannot be a member of that house right now. Therefore, this path is as difficult as climbing a steep hill in the current situation. However, it is not impossible.

Second, a referendum is also an option. However, Article 275 of the Constitution states that a referendum should be decided by a majority of two-thirds of the members of the federal parliament at the time. This path is currently inactive due to the dissolution of the House of Representatives and the end of the session of the National Assembly, but this path can be adopted in the post-election situation.

Third, the will of the people is above the constitution or the law. In the event that the people have a will, there can be many options. An example of this is the appointment of Sushila Karki as Prime Minister. Because, in the simple interpretation of the Constitution, a person outside the House of Representatives cannot be the Prime Minister. But he could not become the Prime Minister when the people wanted him to. Similarly, if the people want him to, a new alternative can also emerge in the form of government.

In the current situation, it cannot be said that the country will find a way out only by implementing the system of directly elected executives. It is also not appropriate to repeal the constitution made by the Constituent Assembly and issue an interim constitution.

Citizens are raising questions about several provisions in the existing constitution. To strengthen this, a body should be formed in the constitution to strengthen national unity and create a consensus free from party influence in development, economy, security, education, health and foreign policy. Similarly, since bodies such as the judiciary, legislature and executive have become weak, a directly elected executive structure seems necessary.

The current legislature has become a means of doing professional politics, being subordinate to the rich and male-dominated class and prioritizing personal interests over national interests. The future legislature should be formed in such a way that there is proportional representation of farmers, workers, entrepreneurs, intellectuals, students, scientists, teachers, doctors and minority communities, and the work of the legislature should be limited only to the work of making laws. The election of the President/Vice President and the structure of the National Assembly need to be completely revised. The provision for appointing members of the National Assembly through indirect elections should be revised.

The Constitutional Council and the Judicial Council should be restructured, limiting the number of professional judges in the High and Supreme Courts and appointing judges through open competition. The Constitutional Commission should be freed from party influence and special provisions should be made for its purification, and commissioners should be appointed on the basis of 'merit'. It seems inevitable that the constitution should be amended after studying these and other constitutional structures.

Ultimately, the interim government can form a constitution amendment task force under the guidance and leadership of experts and issue a report with its opinions, and only if all political parties formulate manifestos based on that report in the elections and have them approved by the people, can the country move towards a constitutional solution.

Wimal

Link copied successfully