By Dirgha Raj Prasai special to www.nepal24hours.com:The term of the Constituent Assembly ended at midnight of 27 May 2012, with failure to promulgate a constitution. Nepali Congress leader and senior advocate Devendra Nepali expresses, “If the interim constitution 2006 fails to draft a new constitution then it will automatically dissolve and become defunct. The existence of the political parties was accepted as per the 1990 constitution; in this sense the 1990 constitution is seen as the legal parent of the political parties. It was established by the 1990 constitution viewing the people as sovereign. The dissolution of the interim constitution will automatically revive and activate the constitutional monarchy, multiparty parliamentary system and all other organs and institutions under 1990 constitution. It is fallacious to posit a nation without a constitution when the legality of the 1990 constitution revives.” If not implement the 1990 constitution the situation would have created uncertainty, confusion and anarchy in Nepal.
There are abundant examples round the world to establish that when an interim constitution collapses, the previous constitution (of 1990 in the case of Nepal) is automatically revived. After Indonesia’s independence in 1949, elections to the Constituent Assembly were held. But the failure to promulgate the new constitution within the stipulated time span compelled the country to revert to an old constitution, which was then suitably amended to serve their needs.
In Pakistan, the Constituent Assembly was elected and for five years it dabbled with the work of drafting the new constitution inconclusively, till they reverted to the 1935 constitution drafted by the English to announce fresh elections. The constitution finally came through the newly elected parliament.
In Britain, the republic system ran from 1649 to 1661 and collapsed. After 11 years, the monarchy was reinstated with the constitution and system that was prevalent during the days preceding the republic. In Spain, the republic system was introduced in 1936, but in 1969 the monarchy returned along with the old system.
Likewise, Cambodia became a republic in 1970 but in 1993 the people chose the royal institution and reinstated the law and constitution preceding the 1970 revolution. Hence, the dissolution of the Constituent Assembly in Nepal means the revival of the 1990 constitution. The parliament abolished by the Nepali Congress-led government was reinstated four years later after an agreement with the King on 24 April, 2011. Why shouldn’t we revive the 1990 constitution as it frees the nation from current crisis?
With the demise of the Constituent Assembly, the constitution of 1990 constitution is restored automatically and Nepal’s royal institution, Nepal Army and people of Nepal are protectors of Nepal. The monarchy was pivotal in integrating Nepal, establishing democratic and equitable society at par with the modern world.
Only this option will open the doors for political resolution in Nepal. Nationality is a sensitive issue and will be difficult to re-establish once it rolls down the slope. In the past, Nepal was defended at the joint initiative of the King and people according to the 1990 constitution. Now that thread of unity has snapped. To rescue this holy land from an imminent dark future, all patriotic forces, the Nepalese monarchy, and the people, the Nepal Army, court and the chief organs of the State must all unite and defend the nation from chaos.
Dirgha Raj Prasai Email:[email protected]
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