Bar association calls for review of interim constitution

January 1, 2007
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Two days after Prime Minister Girija Prasad Koirala revealed that he was dissatisfied with the finalized interim constitution as it gave too much power to the executive, the top legal body of the country also has criticised it for adopting executive supremacy.

The meeting of the executive committee of Nepal Bar Association (NBA) held on Sunday has pointed out to the flaws inherent in the interim statute, reports Kantipur daily.

The bar has concluded that the interim constitution needs to be amended as it has posed challenges before the independence of judiciary.

“The constitution adopts executive supremacy. Therefore, the proposed statute should be promulgated only after it is amended to enable the legislative to check the excesses of the executive,” the bar has concluded.

The bar has issued a seven-point declaration expressing its commitment to continue working in favor of fully democratic system for the purpose of vesting full sovereignty in the people. Likewise, the bar has also called for changes in the interim constitution to enable the retrospective effect of laws so far they are concerned with crimes against human rights.

The bar has called for immediate publicising of the Rayamajhi Commission report. The bar has also deplored the capital punishment against Saddam Hussein and has called for total ban of death penalty all over the world.

With the latest assertion of the bar association, the interim constitution – which has already been finalised but is yet to be promulgated – has fallen into controversy at a time when the Maoists are demanding its immediate promulgation.

The Prime Minister – who along with top leaders of eight parties has put his signature in the finalised interim statute – has been saying that the interim constitution will be promulgated once the process of monitoring of management of arms begins. The government and the Maoists are currently engaged in recruiting members of ex-Gurkha soldiers as Interim Task Force to maintain the 24-hour presence at the weapons storage site until the UN monitors arrive in full strength and take over the job.