A lawyer proposes a whole new interim constitution
While the Interim Constitution Drafting Committee that comprises of representatives from almost all sectors seems to be facing some setbacks in making public the much-awaited draft of the interim constitution despite hectic preparations, central committee member of the Nepal Bar Association (NBA) advocate Tikaram Bhattarai has suggested what he calls a complete draft of the interim constitution. He draft, he claims, has the possibility of addressing the concerns being raised by major political forces in the country.
The interim constitution drafted by Bhattarai has 22 Parts and 131 Articles. Critical as it is of the beleaguered monarchy, Bhattarai’s draft barely gives any role to the king in the state affairs. And, it describes Nepal as a ‘democratic’ and ‘secular’ state and declares Mt Sagarmatha as the national emblem.
The proposed draft unfailingly incorporates most of the decisions, declarations and agreements made by the seven parties and Maoists and the House of Representatives reinstated after the restoration of democracy in April this year. People’s sovereignty, citizenship by mother’s name, elimination of the stigma untouchability, 33 percent reservation for women in all sectors have, among others, found place in the proposed constitution. He says the government of Nepal must provide citizenship certificates ‘on the spot’ to all eligible Nepalis who have not received it. This, according to him, will address the problems facing the vast swathe of Terai population.
‘Right to life’ and, interestingly, ‘the freedom of choice of consuming goods for every citizens’ are two new rights proposed by Bhattarai in the section of fundamental rights. All other fundamental rights guaranteed by the 1990 statute remain unchanged.
Bhattarai proposes that access to all information of public utility should be a right not only of the individual citizens but also of the media. As in the case of print media, news from the electronic media shall not be censored before broadcasting, the draft mentions.
“Though the action against people involved in criminal activities will be according to the laws and this constitution, the government shall formulate laws to take actions against people who have records of criminal offences or human rights violations before the promulgation of this constitution,” he writes in his proposed interim constitution. A critic of royalties, Bhattarai proposes quite a stringent measure to cut the big landowners to size: empower the government to seize the land above the ceiling with a purpose of maintaining social justice.
Stating that the laws regarding the heir to the throne shall be as determined by the legislative body, the NBA member proposes to give the title ‘Shree Panch’ to the king, queen and crown prince or crown princess only and that the first child of the reigning monarch shall be the heir apparent. However, in what might not bode well with the popular mood of the nation at present, his draft says earnings, benefits and perks to royal family shall be exempted of tax while the their personal properties shall be under the tax net.
According to the proposed draft, there will an all-powerful parliament called Legislative Council, which “shall appoint not more than 30-member cabinet”, approve all constitutional appointments made by the government and the envoys to represent the country abroad. All constitutional position holders shall not remain in office until they are re-appointed to their positions within one month of the promulgation of this constitution whereas the Prime Minister shall have the authority to call the session of the parliament while, in his absence, the Speaker shall call the session. Interestingly, his draft mentions that parliament “shall not be allowed to discuss the activities of the monarch unless it becomes a public affair or a matter of public interest”.
Bhattarai further writes there will be seven appellate courts and the district courts will be empowered to look after habeas corpus petitions while appellate courts will handle all kinds of writ petitions. The authority to declare the state of emergency will be on the Prime Minister while referendums shall be held whenever necessary for knowing the public opinion on matters of national importance.
Articles 123-128 of the proposed draft mention about the constituent assembly with not more than 350 members elected or chosen in a free and fair manner on the basis of inclusive representation. Citizens above 16 years of age shall have the right to vote in elections and a separate Election Commission shall be set up for this purpose while a Constitutional Court will decide the disputes regarding the definition and explanation on the agreements and understandings reached among the government, seven parties and the Maoists.
The draft has deleted the provision of special power mentioned in the Article 128 of the Constitution of 1990 that triggered controversy after the royal take over last year.
A noted lawyer, Bhattari has said he proposed the draft of the interim constitution simply as a duty of a citizen. True, even as his draft could be nowhere near perfection given the high expectations of a people that desperately seeks to do away with all the hitches in the path of democracy at once, his is certainly a sincere contribution of a citizen in the process to institutionalise democracy constitutionally.
Published in Nepalnews.com