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Constitution Provides Framework Of Balance Among The Powers Of The State
By KUSUM SHRESTHA
The Civil Society Alliance for Political Reforms (CiSAPR) has organized the interaction on “the role of political parties and civil society in political reforms.” In my opinion this is a pertinent issue. Basically, our constitution has not only put the political parties in important place, the whole structure of the constitution revolves around them. In the absence or marginalization of political parties, neither the constitutional process, actual human rights, parliamentary system, election nor constitutional monarchy can be envisaged. But that important role comes with conditions: political parties must be constitutional, representative and accountable. It is expected of the political parties to breathe life into, activate and develop the constitution, which is an abstract document otherwise.
Basically, the constitution provides a beautiful framework of balance among the powers of the state. People are made supreme in whom the sovereignty of Nepal is vested. The King is put in most respectable position. He is made the symbol of Nepal’s nationalism and people’s unity along with guardian of the Constitution. However, the role of guardian has been provided only for the purpose of guarding the constitution. For example, during the nascent stage of democracy in Spain when ultra rightist elements with the support of military had tried to wrest the power, the King of Spain, in his capacity as the guardian of the Constitution, had frustrated the assault and protected the constitution and democracy. As described above the Constitution puts political parties in active place. Likewise, important roles have been provided to state organs and mechanisms. Through its abstract but significant penumbra, the Constitution expects civil society organizations to play the role of empowering the people and making them alert and aware.
We are holding this interaction on the occasion of Constitution Day. But the context and situation is extremely uneasy, frustrating and marred by hostile environment. We are celebrating the Constitution Day, but the extra-constitutional state system is being under at the active King. Instead of active political parties, accountable executive and representative parliament, the King is handling the state of affairs with the active support of underground forces not recognized by, and having no place in the constitution. Basically, we are in a situation of antinomy. Instead of remaining as the symbol, the King is ruling as an un-elected leader and unaccountable chief executive. But the King is active in a manner he is immune from accountability. What an antinomy!
On the other hand, the political parties instead of showing statesmanly actions, providing directions out from this crisis-ridden situation, protecting the constitution in this situation and helping it prevail, are talking about the new constitutional framework through constituent assembly. What an irony that a force that is not capable of making the existing constitution prevail is talking about and lobbying for constituent assembly. Let us not forget, new experiment and new test can also be dangerous. Are we opening the Pandora’s Box lulled into mistaken euphoria generated by ideological thinking? An unimaginable demon can also come out from that Pandora’s Box and devour us all and our nation.
People are suffering from terror. A huge armed group, which is basically anti-democracy, and which wants to establish a totalitarian system – a system which is not recognized and for which there is no place in this constitution – has set up their base in our territory by spreading dreams of golden future.
What a difficult situation in which we are celebrating Constitution Day. On the one hand there is huge crisis of confidence among constitutional forces, on the other hand, our nation and our people are in terrified and alarming situation. And, we are not rich or powerful nation. We are very resource poor and small weak nation lying between two regional super powers India and China. Two big regional super powers are focused on their own strategic interests. Our nation has to survive between them as a buffer state. Late Leo Rose has alerted us in his book “Nepal Strategy for Survival.” We are always faced with the situation in which we have to bear with “the intrusion and directive policy of the Major powers.”
Even so, we have not lost a small ray of hope; surely we will survive as a nation structured by our constitution. Our constitution will prevail and develop with time. Likewise, there will be reconciliation among our constitutional forces as laid down in the framework of the constitution and once again our constitution will gain life and pace. That is why we organized this interaction. In order to remind ourselves about our duties and to make the political parties and civil society play the role of conscience keepers.
(Excerpts of the welcome remarks by senior advocate Kusum Shrestha, president of Nepal Law Society and a member of advisory committee of CiSAPR at a program organized by the alliance with the help of National Democratic Institute on the occasion of Constitution Day)
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