Kathmandu : The 10th meeting of the Central Committee of the CPN-UML has passed a nine-point view on the decision of the Supreme Court. The meeting, which started on July 19 and ended t July 22, passed 11 different decisions and passed nine views on the court order.
The decision of the UML meeting said, “The decision of the Constitutional bench of the Supreme Court on July 12, 2021 on the issue of dissolution of the House of Representatives has changed the letter and spirit of the Constitution of Nepal.” The state power has weakened the basic premise of the constitution, which is vested in the Nepali people.

The UML meeting has analyzed the decision of the Supreme Court and the political situation it has created as a step to block the campaign of socio-economic transformation in the country and turn back the national politics.

The nine points spent by the meeting to clarify the party’s stand on the Supreme Court decision are as follows:
(A) The decision of the Constitutional bench of the Supreme Court on July 12, 2021 on the issue of dissolution of the House of Representatives, the letter and spirit of the Constitution of Nepal, the multi-party competitive federal democratic republican parliamentary system of government based on pluralism It has undermined the basic premise of the existing constitution.

(B) The main feature of democracy is that the sovereignty and state power of the country is vested in the people. An important means of expressing this sovereignty and state power is the election of the representatives of the people through periodic elections and the governing system of the country through them. But the erroneous definition of democracy as pushing the people’s decision for a fresh mandate as ‘autocratic’ and misinterpreting the law and dismantling the basic structure of the party system has pushed the democratic system in the wrong direction.

(C) The democratic system can be secure and dynamic only if there is coordination among all the organs of the state in accordance with the principle of control and balance and only when all are dignified and restrained within their respective boundaries. The balance between the three organs of the state, which are the pillars of democracy, has been severely disturbed by this Supreme Court decision.

(D) One of the major demands of the democratic movement of Nepal, which has been going on for more than eight decades, was the establishment of party independence and multi-party system. Countless martyrs have sacrificed their lives to establish a system where people with similar ideologies, philosophies and programs can form parties, such parties can go among the people with their programs and establish a system of governing the country by the parties or parties approved by the people and not on the basis of innate feudal tradition. In elections, the party nominates a person as a candidate. People express their views by looking at the objectives, manifestos and work of the party.But in this way, the candidates nominated by the party and elected by the people on the basis of the party’s election symbol and manifesto can support anyone who can form a government, can vote for anyone, can cross the floor, so that the party has no whip and no action can be taken against them. The explanation is an attack on our decades-long struggle, the price paid for the party faith and the basic premise of the party system. No democratic system envisions members of the same party in power and in opposition.

(E) The main responsibility for deciding political issues lies with the political parties, the sovereign people. Therefore, maximum restraint of the court is expected in cases involving political issues. Excessive judicial activism is an unexpected issue. There are still precedents set by the courts themselves in the past not to enter into political questions. But political decisions have also been made on issues that have not been raised, have not been demanded and have not been envisaged by the constitution. In such decisions, only the request of a certain person is reflected. Such activities have undermined the fairness, sanctity and cleanliness of the concerned organs of the state. Double standards have called into question the credibility of the organization.

(F) Such misinterpretation of the constitution for the fulfillment of certain aspirations of certain people has in fact indirectly amended the constitution.

(G) The CPN (UML) is serious and concerned about the fear that Nepal’s democratic system will have to pay the price for the political distortions created by this decision in the long run.

(H) The CPN (UML) is a party that believes in the supremacy of the constitution, the rule of law and an independent judiciary. It is worth mentioning here that the party has taken initiative to protect the independence and dignity of the court by opposing the harmful proposal of keeping the court under the parliamentary committee while drafting the constitution of Nepal. Therefore, the party is clear in implementing the decision, despite our criticism, dissatisfaction and deep apprehension over some of the questions of the decision. The fact that the decision has been implemented accordingly is in front of everyone. But it is important for everyone to keep in mind the fact that if the court’s decision is biased and insistent, the public’s trust in the court may erode.

(I) The party will conduct a wide debate among the people to clarify its views, beliefs and concepts in various aspects of the decision. We will continue our efforts to end the negative impact it has created through constitutional means and to keep the party system intact.