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On deadline

Thursday, May 24th, 2012

After four postponements in four years, the political parties got together and once more tried to buy more time by extending the CA‚Äôs term by another three months. But the Supreme court’s stay order on Thursday has abruptly and dramatically changed the scenario. Now, there is no alternative but to pass a new constitution by the existing deadline of Sunday midnight.

If there is no more politicking, no more wheeling dealing, and no more short-term bargaining for power in exchange for provisions of the new constitution, it will still be possible to do it. But the party leadership will have to work night and day, fine-tuning a draft constitution along the lines of agreements already made. The 2 May pact between the four main political forces lays the groundwork for the constitution, agreeing on compromises on the two contentious issues of state structure and form of governance.

However flawed, the 11-state model and a mixed system of governance were the best compromises the parties could reach. It is unlikely that they can come up with anyting better in the next two days. It is not the best way to do it, but it could be worse. Constitutional law experts say that there is now a legal imperative to have closure on the constitution by the stipulated date. The alternative is a referendum, an immediate election, or the declaration of a state of emergency to fill the void.

There are challenges, but also opportunities now to leapfrog on the constitution.

Read also:
Harm reduction, 22 May 2012

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11 Responses to “On deadline”

  1. Anita Sharma on Says:

    A state of emergency and rule by Martial Law ! We must need some hard descipline in the Nepali political system. The gangs of theives have run amok and ruined the country and people’s hopes. The Military can restore order. Arrest all the leaders and try them in a court of law and put them in prison. We cannot afford to waste millions of rupees on an immedite election. The Army can rule for a few years and then turn it over to a better and younger generations of leaders to take Nepal into the road of a bright and beautiful future. So its easy to do this, its not rocket science you know,.

  2. Dipendra Karki on Says:

    There is only one word for Nepali political leaders ! TRAITORS ! Its beyond disgust how these vile group has misled the people time and again. We the people are equally to blame for allowing this outrage to continue for so long. The current gansters in power deserve to be hanged in Tundihkel similar to the days of the Rana rule. People like Dahal, Bhattarai and Sitaula, will pay for this outrage one day. Nepalis will be glad to take sweet revenge on this group. Do not underestimate the tolerance of the people. We are suffering with serious hardships and we will wipe you out, for we will not allow you political leaders to destroy our country and our people. Just look at Jhala Nath, he got a slap in the face, you all may be not so lucky next time around.

  3. Sunil Pradhan on Says:

    Here are some burning questions we as the people of Nepal need answers from our political parties and the learders ! 1. Why does India execrcise so much control in Nepal and Nepali politics. 2. Really, come on, are all Netas in the back pocket of RAW, do they not have any self respect or dignity, or if some are free from RAW, then why don’t they come out and fight for us in the open. 3. Who will be liable for the erosion in economy and prosperity of the people. 4. Will any of the current leaders go to jail for crimes against the people. 5. When can we hope for a next generation of leaders who will honestly work for Nepal and Nepalis. 6. Can we recover the money of the State lost through corruption. 7. Are we Nepali people not sick and tired of the abuse and lies and loot by the Maoist and all other politicals parties. 8. Is there nothing we can do to reclaim our dignity. 9. Is Nepal a failed State ???? or a Banana Republic. 10. Does the Nepali Army have any pride in its responsibility and prestige. We can go on and on and on ……………………………………………………………………………………..

  4. K. K. Sharma on Says:

    Theoretically, it is the job of the court to make decisions according to the law. It is not for the court to say what law should or should not be made. Making or endorsing a proposed law(s), is the function of the legislature. Proposal for the laws can come from the executive or any member of the CA, it is not for the court to say what can or cannot be proposed. If the CA amends the Constituion, the Court will have to abide with the law. But all this is theoretical, such may or may not apply in Nepal.

    Anyway, a Constitution, a draft of a Constitution or a Constitution translated from Hindi, when or if it comes out, will burn in the streets.

    Calling for election in such a situation will provide an extension for the BRB-II, government for about a year by calling for an election.

  5. Harihar Jung Thapa on Says:

    The Maoist have run rough shod over other political parties and the Nepali people. The fault lies with us and not the Maoist goons or goondas, whatever they may be. We are weaklings in not opposing the Maoist. Shame on us ! Shame on us for believing the Maoist lies and putting up with their heavy hand. Now, the Maoist tried to diminsh the Spreme Court. Enough is enough. Ex king must be salivating with how hoplelss conditions of Nepal are today. Maybe he is plotting a comeback. Why not ! If people cannot live up to their rights and positions, they will be taken away by FORCE. I just want to see the Netas of Nepal, given a fair trial and then sent to prison. Nepali people must demand the punishment of worthless pigs, Nepalis deserve this justice.

  6. razat on Says:

    I am not into blogging at all. But looking at the situation in the country, I had to take out my frustrations. It really saddens when i read the papers as to where we are heading. From whatever i read in the papers, it seems to me that non of the politicians have even an iota of concern for the country. All they care about is themselves and nothing more.
    From whatever i have read, all people from different backgrounds have voiced their opinions that dividing the country based on ethnicity is bad for the country. And yet the politicians do not seem to accept. I am ignorant as to what benefit will there be for the country for divisions based on ethnicity. Maybe a select few might benefit but not at the cost of the country. I simply fail to understand the logic. I fear to think what the consequences it will have if the states are formed based on ethnicity.
    Let us live and work in peace.

  7. SHYAM SJB RANA on Says:

    India needs to be careful on how it uses it pawns in Nepal. People of Nepal are no longer stupid or soft like before. Dahal, Bhattarai, Koirala all these impotent idiots have done a lot of harm to Nepal by obeying the orders of their Indian masters. We need a radical and drastic changes in the politics of Nepal. We need business leaders to run for political office so they can make our ecomomy strong. Nepal has suffered for so long due to incompetent, visionless, corrputed and egotistical people in power. The Bahuns elite have done more harm than good. Prachanda must be tried for treason and put in prison for war crimes and looting of Nepal. Prachanda is an evil man, he is the cause of suffering for many Nepalis, he has changed his spots from a communist to a royalist, going by his net worth and present life style. If this not an absolute disgrace, then pray, please tell me – WHAT IS.

  8. Indira Basnet on Says:

    95 % of Nepalis only care about how to provide food and shelter to their families. They could care less about the politics of the Maosit or the N C. The disgraced Netas have lost all creditibilty and no one believes them any more. The dicators of the 1990 andolan which have ruled till today must be wiped out from the face of Nepal. Is there no one in Nepal today that can stand up against the COMMIES. No one ?!*&+-#$^&! Are we all cowards that are unable to defend the Motherland from the Commies. The people of Nepal deserve a lot more than what they are getting today, a lot more. Its time to purge the politics and politicians of Nepal, its way past the time.

  9. Deepak Karki on Says:

    Disolve the C A ! End of story ! Incompetent Deuba, based on Gyanendra’s advise disolved an elected Parliament. Does anyone remeber THAT ! The Maoist leaders are gansters and they have behaved as such. Arrest Pushpa Kamal Dahal ! This is the 1st step in taking Nepal forward in the 21st Century. The Maoist mindset of 1600 era is too old and outdated. Communism deserves to die. Long live Nepal and Nepalis, Pashupati Nath ko Jai Hoss.

  10. Dhanu Shrestha on Says:

    Absolute power is never good for a democratic practice. Reason why the one thing the leaders must do is to promulgate the new statute at any cost within the stipulated timeframe. I don’t reckon declaration of state of emergency would work out in this scenario. We all know our leaders are dodgy and corrupt, but we have to have trust upon them. Let’s hope tomorrow our country will have a new constitution. Jai Nepal !

  11. BB on Says:

    Absoultely NO! No, No, No to a ‘compromise constitution’ made by a dozen Bahuns! In the past few years all that these Bahuns done is making last minute stupid compromises, just to ‘save face’ and then posting it as a great feat as if we were all idiots. These bahuns have no face worth saving…. this is about our life, our future, our destny and that of our children! There is no way such important matters should be subjugated to the Bahuns’ ‘saving their worthless faces’!
    Kunda Dixit, be careful! You’ve written enough pathetic, spineless stuff in favor of these lousy ‘face-saving’ compromises – ‘this is the best that can be done’ kind of sh*t. Have some principles. Get a backbone, have a spine, be a man and say NO to lousy, senseless, meaningless, baseless, unprincipled, stupid ‘compromises’; and stop promoting such pathetic sh*t!!!

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