Importance of the Constitution for the election of the Deputy Speaker of Lok Sabaha (Part I)

 

Importance of the Constitution for the election of the Deputy Speaker of Lok Sabaha (Part I)

Importance of the Constitution for the election of the Deputy Speaker of Lok Sabaha (Part I)

 

 

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The collapse of the institution in Nepal

Written by Sambridh Ghimire

 

The current situation in Nepal confirms the saying, "power tends to corrupt, and absolute power tends to corrupt completely". President Bidya Bhandari has again dissolved the House of Representatives (HoR) on the recommendation of Prime Minister KP Sharma Oli and announced the mid-term elections in two phases on November 12 and 19. This comes at a time when the country is recording an average of 8,000 covid diseases every day. This is the result of a mid-year party struggle within the Nepal Communist Party (NCP) which the Supreme Court disbanded its factions - the Unified Marxist Leninist (UML) and the Maistist Center (MC). As a result, Oli was unable to win a vote of confidence and the UML party - the Madhav Nepal party - continued to support Deuba instead of the Prime Minister. There have been a spate of allegations by both leaders, following which the President refused to allow the formation of a new government.

 

The nation, which has seen more than 20 governments in the last 30 years, has lifted its socks after the promulgation of the Constitution. But it seems that the honeymoon season is over. This failure of the system is the result of years of delay, led by national institutions.

 

The President and the Prime Minister bear a very important responsibility in the current political crisis. The clause on the dissolution of the Nepal Constitution 2015 clearly states that it is only possible after all other forms of constitutional government have been frustrated. This was further strengthened by the recent decision to reinstate the parliament and the case of Rajbiraj Bhandari. The current case provides compelling evidence to substantiate alternatives and questions about the President's intentions. First, the President has given legislators 21 hours to file their petitions to form a government. The goal and motivation can be called mala fide as there has been a practice of donating at least a week in the past. Second, without further investigation, the President concluded that both claims to form a government were invalid.

 

The prime minister led by the prime minister has acted in excess of the constitutional limit and reduced the legislature's authority by recommending measures to avoid this. In addition, Prime Minister Oli was due to resign when he lost a vote of confidence on May 10. Oli's re-election as Prime Minister under Art. 76 (3) has no moral, moral or political affiliation. Ideally, the Prime Minister should have resigned. If not, the President must exercise his discretion and not re-appoint a person who has lost hope of the HoR.

 

The country's highest court has repeatedly overturned prime minister's decisions - the merger of the UML and the MC, the dissolution of parliament and the appointment of non-members of parliament as ministers. Normally, this should trigger a mistake but his actions do not seem to indicate remorse.

 

Experts have predicted that the third wave of Covid-19 is approaching South Asia. If this happens, Nepal will also be affected. At a time of overcrowding in health facilities and antiretroviral treatment, should the Prime Minister announce a snap vote?

 

But it would be inappropriate to attribute system failures to just a catalyst, as it requires long and gradual decay of institutions. In the case of Nepal, this includes but is not limited to the legislature and the judiciary. Organs of state designed to protect democracy and ensure good governance deal with turmoil and despair.

 

The Nepalese legislature has been known for its powerlessness since 1990. This could easily get into the Constituency Council and the Framers, because of their firm attitude, mercilessly wrote ambiguous arrangements. Since they had already faced the dangers of uncertain supply in the 1990s, it should have been their responsibility to think about the difficult conditions during the drafting of the constitution.

 

The distortions of the 90s are still felt in parliament as political parties have tarnished their image to the point that they are building alliances with opposition parties in the Nepali democratic process. The tradition of falling and trading in horses flourishes.

 

Finally, the judiciary witnessed all these incidents and was a quiet place in the current political crisis. In a recent reinstatement decision, the Supreme Court easily overturned the President's position on the issue of dissolution. This came at a time when the President's action was creating a series of controversy in the nation over the victory of the legislature and the empowerment of the elite. It is unthinkable for law enforcement to be aware of this never-ending issue.

 

The future of democracy depends on the movement and vigilance of its institutions. It is unfortunate that in Nepal, institutions could not transform themselves and were responsible for reducing the system rather than strengthening it.

 

The author is a political analyst

Narada Case: HC Takes Umbrage to Mamata Paid Fund While Staying Bail; Important Note Here

Last updated: 18 May, 2021 10:38 IST Bail granted to 4 West Bengal leaders in the Narada case, Calcutta HC was deeply impressed by the conduct of TMC manager Mamata Banerjee. Narada case, TMC

Photo: PTI, calcuttahighcourt.gov.in

 

To keep the bail granted to 4 West Bengal leaders in the Narada case, Calcutta HC deteriorated sharply in the conduct of TMC manager Mamata Banerjee. Following an unprecedented nighttime hearing on Monday, a bench comprising Chief Justice Rajesh Bindal and Justice Arijit Banerjee re-arrested Ministers Firhad