Protecting the Constitution from the edge of Danger

EDITORIAL : Twice in the space of six months, the incompetence of political parties has been barred from going out of politics by the courts. Prime Minister KP Sharma Oli had twice dissolved parliament as a weapon to solve problems within the party. Twice the Supreme Court has ruled unconstitutional. The latest ruling warns the actions of the prime minister as well as the president. This is a rare event in Nepal’s political history.

On December 20, Prime Minister KP Sharma Oli dissolved parliament to avoid a minority vote within his then-ruling party. The last time Oli again failed to resolve the differences within his ruling party, the CPN-UML, was when he chose the wrong path of dissolving the parliament. Such a trend is an apolitical move by the chief executive to attack the legislature, where the people’s sovereign rights are exercised.

5 Members Constitutional bench of Supreme court

In the days to come, Oli’s party is sure to pay a heavy price for its apolitical decisions. In the meantime, the CPN (UML) will be forced to suffer for a long time from the apolitical and unconstitutional decisions made by Oli without looking left or right. All political parties in Nepal need to learn from this.

The Supreme Court has made a correction so that no ruler can play on the constitution and take apolitical steps in the coming days. The provision regarding the formation of a government within six months has been clearly explained. What’s more, no one has to dispute the circumstances under which parliament can be dissolved. This is a great virtue for Nepal’s democratic parliamentary system.

The latest decision of the Supreme Court has clearly explained Article 76 (5) of the Constitution. “As a result, an order will be issued to re-store the House of Representatives and to convene the Parliament within seven days, that is, starting at 5 pm on Sunday, July 18, ,” the Supreme Court said in a statement.

On top of that, KP Sharma Oli has ruled that the party’s support for him to become the Prime Minister as per Article 5 is unconstitutional. The order said, “Oli’s claim to the prime minister under subucluase 5 of Article 76 does not appear to be constitutional.”

Chief Justice Cholendra Shamsher Jung bahadur Rana, Chairman of the constitutional bench.

Pursuant to sub cause 5 of article 76 of the Constitution, it has been clearly explained that if any member of the current parliament can independently confirm the majority, he or she will become the Prime Minister and the parliament will not be dissolved. However, it has been clearly explained that the members of any party will be able to vote freely and no party whip will be required when the process of selecting the Prime Minister goes ahead. This has put an end to the unnecessary debate on Article 76 (5) even for the coming days.

Even the debate on the President’s discretionary power has been proved futile by the recent Supreme Court decision. This has further clarified the boundaries of the constitutional presidency.The Supreme Court’s decision avoids to crash Nepal’s political system and constitutional system. This incident should be considered as the greatest achievement in the political history of Nepal since the constitution was drafted by the Constituent Assembly. However, it is the responsibility of the political parties to fulfill the changing political system, constitution and aspirations of the people of Nepal.

In the course of fulfilling that duty, it is necessary to learn not to engage in any apolitical activities or to look for any loopholes in the constitution and the law.

As in the previous case when the parliament was dissolved, various external power centers were active in the political process of Nepal. This time too, there was no shortage of unnecessary jumps from various power centers. The latest developments have made it clear that there was suspicious ‘unity’ within the ruling UML the night before the court’s verdict.

Five parties united alliance, top leaders accordingly Sherbahadur Deub(NC) Puspakamal Dahal Prachanda (MC) Madhav Nepal (rival group, UML), Upendera Yadav (JSP) Durga Paudel ( Janmorcha Nepal)

In the tradition that only the southern external force has always been active in Nepal’s politics, the northern power center has been active for the last time. This has made him useless. The external activities that took place after the unification of the NCP, the split and dissolution of the NCP, and the split of the CPN (UML) have not been hidden from anyone. In this context, the act of trying to be strong on the side of external power center has been defeated once again in Nepal. Therefore, there is no alternative but to move forward by evaluating the people’s vote and the strength of the party. In a country like ours with geopolitical sensitivities, the interest of external power centers is natural. But it has also become clear that trying to take advantage of such interests by infiltrating internal politics will only weaken the party and the leader.

Therefore, no one can be better off trying to use foreign relations and dealings with neighbors for party and factional interests. This fact must be taken as a clear lesson by all parties again.The past of Nepali Congress President Sher Bahadur Deuba, who has reached the level of taking the reins of the country, is not beautiful. It is also a golden opportunity for him to improve his image. At the same time, this opportunity is a starting point for developing the culture of alliance in Nepal as an honest political system.

The biggest challenge is that the Deuba Alliance has the responsibility to rise above prejudice and correct the constitutional course. In order to address the aspirations of the people and the immediate problems of the people as soon as possible by correcting Deuba’s past and the repeated failures of good govern the country by the Nepali Congress, so the United Coalition needs to make the program public immediately.

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