HEADLINE NEWS THE RISING NEPAL (DAILY)

Constitution Day marked
Force, guns not the language of democracy, says Deuba

BY A STAFF REPORTER

Kathamndu, Nov. 8: Members of the Constitutional Council today unanimously voiced that the Constitution is not to blame for the crisis that the nation is currently passing through.

They conceded that it was the political parties and leaders who are responsible for the plight of the country.

They outright rejected the idea of abrogation of the present Constitution that was promulgated 11 years ago through successful Popular Movement 1990.

"The Constitution is yet to be fully tested sincerely to bring about drastic changes in society," they opined.

They shared the forum at an interaction on "Power Separation: Our Exercise" jointly organised by the Ministry for Law, Justice and Parliamentary Affairs and Constitutional and Parliamentary Exercise Society (SCOP) here today to mark the 11th Constitution Day.

Those who expressed their views were Prime Minister Sher Bahadur Deuba, Chief Justice Keshav Prasad Upadhyaya, Speaker Tarabath Ranabhat, leader of main opposition party and general secretary of CPN-UML Madhav Kumar Nepal, former speaker Daman Nath Dhungana and Minister for Law, Justice and Parliamentary Affairs Narendra Bikram Nemwang.

Some of them, however, opined that there could be revision in some articles of the Constitution for the larger interest of the people and country.

Premier Deuba noted that the concept of separation of power is a mechanism of check-and-balance among executive, judiciary and legislative and prevents them from being arbitrary. Deuba said that their roles would be gradually self-defined.

"The fundamental value of a democratic set up is to resolve all kinds of problems constitutionally and peacefully to transform the society into more civilized and prosperous," observed Prime Minster Deuba.

Premier Deuba said that formulating and implementing the laws would further modify the democratic system. "Force and guns are not the language of democracy."

To those who are demanding the Constitutional Assembly, PM Deuba threw a series of questions: "What is not there in the Constitution? What more is needed? And what would the Constituent Assembly bring?"

The Constitution could not be abrogated or revised under the fear of guns and pressure, he said.

However, Deuba said that it could be amended if its shortcomings are categorically pointed out.

He also reiterated that the government would leave no stone unturned in solving the Maoist problem through talks. Deuba said that it was the lack of coherence among opposition parties that gave rise to the Maoists in the country.

He said that the conflict had deeply touched every sphere of life: in families, parties and society. "We should seek democratic solution to these conflicts."

Highlighting the achievements of his three-month old government, PM Deuba said that after the formation of the new government, the people have felt a sense of security in the different parts of the country. He said that several important Bills have been introduced and approved by the Parliament. PM said that Bills related to land reform and women property rights would bring visible changes in the life poor men and women living in the far-flung areas of the country.

Stating poverty, corruption and unemployment as major problems faced by the country, Deuba said that nation was now bearing a loss of ten billion rupees due to the loss and rising corruption in the governmental and public enterprises. He pointed out the need of stern reforms to revitalize beleaguered economy of the country.

PM Deuba also sought the co-operation of the oppositions to bring about drastic economic and social reforms, and to curb rampant corruption by bringing corruption control bill through the ordinance.

Chief Justice Keshav Prasad Upadhyaya said that the Constitution had accepted the people as the main source of power.

The Chief Justice said that Nepalese Constitution had its originality and was different in many ways from the constitutions of other countries.

The Constitution has many provisions that check unnecessary conflicts among different bodies, he said, adding, "It has ensured freedom, rights and sovereignty of the Nepalese people."

Saying that constitutional supremacy is the main feature of our parliamentary democracy, Upadhyaya observed that the Constitution contained provisions that prevented different bodies from being despotic and arbitrary.

He also said that the Supreme Court had played significant roles for the development and consolidation of Constitution and democracy by giving impartial verdicts on controversial cases such as Tanakpur and others.

He also pointed out the need of objective evaluation and analysis on the 11-year-long exercise of the present Constitution.

Speaker of the House of Representatives Taranath Ranabhat termed the Constitution as one of the best Constitutions in the world. "However, the Constitution could not be fully implemented for the wellbeing of the people," he added

Ranabhat said that people obtained power but could not manage the conflicts inherent in the power.

It is not the Constitution that is responsible for the emergence of the Maoists but it is mutual distrust, non-cooperation and disagreement that are the root causes for the rise of insurgency, he added.

Crisis of faith, declining moral values and utter lack of discipline are the main reasons behind the deterioration of the country, he noted.

He further said that lack of accountability and honesty were some other factors for rising corruption and anarchy in the country.

He rejected the ideas of either abrogation or revision of the constitution and appealed to all for restoring value system to curb corruption.

Opposition leader and General Secretary of CPN-UML Madhav Kumar Nepal urged all to ponder over where we missed in the decade-long multi-party regime in the country.

"The problem does not lie in the Constitution but in our thinking and working style," remarked the opposition leader.

The Constitution that was drafted after much discussion among the people of different walks of life, is the most flexible and dynamic, said Nepal, who was also a member of a committee that drafted the Constitution.

He said that except the Constitutional Monarchy and multi-party democracy, every provision could be amended in the larger interest of the people and the nation.

Nepal said that imbalance between power and accountability contributed to corruption in the state mechanism.

Saying that the whole nation has been submerged in the quagmire of corruption, Nepal pointed out that the mechanism to nab the wrongdoers is what is lacking, he said.

Nepal said that their failure to establish a value system in the process of Constitutional exercises had pushed the country on verge of collapse.

Former Speaker Daman Nath Dhungana said the institutions set up under the Constitution should be independent and inter-dependent and work in coordination with each other. "The people should be the source of power."

Dhungana, who was also a member in drafting this Constitution, said that the political parties should not hesitate for the Constituent Assembly if it ensures the solution of the six-year-long insurgency in the country. He said that the Constitute Assembly and revisions of the Constitution would not cut down the people’s rights enshrined therein. "Rather such moves would further solidify the freedom of the people," he added.

Dhungana also said that the present Parliament was not at par with the first Parliament in qualitative perspective.

"Until the lawmakers stick to high moral standard and integrity, the parliamentary system could not function smoothly," he remarked.

Saying that MPs lack institutional thinking, he blamed them for delimiting themselves only in their constituents to ensure the next election.

He said that the Maoist problem was a political problem and should be resolved through talks. He disagreed with the view of using military force in tackling the Maoists problem.

"If Maoists backed from the table, the country would be marred by bloodbath," Dhungana warned the government.

From the chair Minister for Laws, Justice and Parliamentary Affairs Narendra Bikram Nemwang said that check and balance among the executives, judiciary and legislative was key for the development and sustenance of the Constitution and democracy.

Secretary of the Ministry Uday Nepali and chairman of SCOPE Purna Man Shakya shed light on various dimensions of the separation of power for the smooth functioning of the Constitution under the parliamentary democratic polity.

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