By PR Pradhan
At the time when the present constitution was promulgated, a section of people didn’t hesitate to define it as the world’s best constitution although we saw a bloody agitation in protest of the constitution. Still, our political leaders are engaged in convincing their foreign bosses for amending the constitution!
From the first day of the promulgation of the constitution, we saw disputes among the political leaders in defining the constitution. Perhaps, this is the only constitution which has faced many court cases in debating on the articles and sub-articles of the constitution. Even today, the National Assembly ordinance was kept on hold by the President for more than two months. Political parties were engaged in dispute regarding the voting system of the National Assembly election. After issuance of the ordinance by the President, this dispute has been resolved for the time being.
Now, the Election Commission (EC) is defining the constitution saying that it is possible to make public the results of the proportional election of HoR only after the election of the National Assembly. EC has also given the estimated roster of the National Assembly election saying that it is impossible to conduct the election earlier than the second week of February. Therefore, if relied on EC, HoR will be constituted only after the second week of February and then only then the nation will get a new government. In this way, prime minister in waiting KP Oli will have to wait still one and a half months or so to assume office.
However, legal experts close to UML believe that there is no direct relation between the HoR and National Assembly. Therefore, to hold the result of the proportional election by EC is illegal. They are describing that after the President issued the ordinance for the election of the National Assembly, the EC should submit the list of the winning candidates from the proportional election to the President and the President will ask the political parties having majority to form the government and the Prime Minister should secure vote of confidence from the Parliament within one month.
It makes clear that the constitution is incomplete and the articles and sub-articles contradict each other. And the political leaders and legal experts are defining the constitution according to their political beliefs and in partisan interests.
The government should appoint chief of the provinces and also according to the constitution, the government should name temporary province capitals. Oli is found saying that he will not accept such appointments made by a lame-duck government led by Sher Bahadur Deuba. On the other hand, EC is saying that without appointment of the province chiefs and identification of the province capitals, the newly elected province parliament members cannot take oath of office and without taking oath, they cannot vote for the candidates of the National Assembly. Here also, there is dispute on which government should appoint the province chiefs and identify the temporary province capitals!
Understandably, this is a political constitution which has not given consideration on geographical and financial aspects. Currently, political leaders and locals have started campaigns for recognizing their area as the province capital. If this trend will continue, it seems, people from one and other district are going to start fighting against each other. Such technical things should have been forecast by the experts. The province boundaries were also set through political decision which is a great blunder. The non-visionary leaders through their own wishes created 754 local bodies and seven provinces which have already become an economic burden for the country. Currently, the Finance Ministry, after collecting internal debts, has not initiated a move to find debts from donor countries to manage funds needed for the provinces and local bodies. This is the result of wishful thinking of the political leaders who have introduced such a system which is beyond the capacity of the nation.
The best ever constitution!
By PR Pradhan