Politics
Aspirations for change can be met with the elections, experts suggest
They warn Karki should not stumble on the constitutional issue. She should rather focus on effecting transformation under a new mandate.
Post Report
The recent Gen Z movement in Nepal has turned out to be historic. Not just because it was youth-led and toppled the KP Sharma Oli government that included two of the country’s oldest and biggest political parties, but because it landed safely, at least for now, in just five days.
Exercising the “authority to protect the constitution and national sovereignty”, President Ramchandra Paudel on Friday evening appointed former chief justice Sushila Karki as the prime minister of the interim government. He also dissolved the House of Representatives based on the Karki government’s first decision. None of the decisions upholds core constitutional values when viewed through the charter’s lens.
“The President’s decision on Friday was more political than constitutional. However, it is natural to stretch the constitutional ambit to control the situation from going out of hand. By stretching the constitutional provision, the bigger risk has been averted,” said Surya Dhungel, a constitutional expert, who has resigned as a National Human Rights Commission member after the formation of the Karki government.
Different groups including the traditional political parties have taken serious objections to the appointments and dissolution of Parliament, calling the move unconstitutional. The Nepal Bar Association has even condemned the dissolution saying such acts will diminish the people’s respect and trust in the state machinery.
However, experts say starting constitutional debate even before the government has been formed is not going to do any good. Prime Minister Sushila Karki is holding deliberations with Gen Z representatives and experts to find right candidates for her Cabinet. Preparations are being made to expand the Cabinet by Sunday.
“Let’s not bring the constitutional debate until the new government settles down. We will have to wait until the executive’s command is ensured and rule of law prevails,” Dhungel said, adding that it is wrong for the traditional parties, which have been rejected by the youth movement, to make their demands now.
On Saturday, the immediate past chief whips of the parties issued a joint statement calling for the decision to dissolve the House of Representatives to be rolled back. “The decision is against the spirit of the constitution and verdicts of the Supreme Court,” they stated.
In Dhungel’s view, the parties should now focus on rebuilding their image and revamping themselves. He said also they should be cooperating with the newly formed government to get elections done on the stipulated date, March 5.
“Let experts sit together and find out how to bring everything under constitutional legitimacy after the country takes the right direction,” he said.
Experts say there should be no attempts at derailing the constitution from either side—the Gen Z or the traditional parties.
Sanjeev Humagain, who teaches political philosophy at Tribhuvan University and Nepal Open University, said the natural issues of constitutionality will come to the forefront.
“We have to find a way out within the constitution, causing a minimum harm to it," he said. Referring to the demands of some sections of the Gen Z movement for radical changes in the constitution, he said the focus of the government should be towards holding elections rather than engaging in constitutional issues.
“There are demands for a change in the governance system and other revisions. If necessary, that has to be done after the election by the people’s representatives. Trying to make radical changes in the current constitution invites conflict,” he said.
In the view of experts, the Gen Z can come up with their broader vision on the constitution itself, go to the elections and get a mandate for that. Then, they can implement it from the new parliament, the legitimate body.
“Now Karki has to function within the constitutional limits to avoid a constitutional crisis,” said senior advocate Bipin Adhikari, a professor at the Kathmandu University School of law.
“She needs to focus on stabilising the situation, upholding and implementing the constitution and facilitating the transition to an elected government.”