Prime Minister Girija Prasad Koirala

Prime Minister Girija Prasad Koirala (File Photo)
Following pressures from the Maoists and fellow party leaders and faced with a moral dilemma and criticisms from legal experts, Prime Minister Girija Prasad Koirala finds himself in an unenviable position – whether to promulgate the finalised interim constitution in the present shape or not.

Maoist chairman Prachanda

Maoist chairman Prachanda (File Photo)
Maoist chairman Prachanda has already given a stern warning to the PM that he will lead another ‘revolt’ if the interim constitution is not promulgated within mid-January.

Koirala’s coalition partner Madhav Kumar Nepal, general secretary of the Unified Marxist Leninist (UML), has also stated that his party will lend moral support to any movement launched to press the government for its immediate promulgation.

Madhav Kumar Nepal, general secretary of the Unified Marxist Leninist (UML)

Madhav Kumar Nepal, general secretary of the Unified Marxist Leninist (UML) (File Photo)
Even within his own party, leaders like Home Minister Krishna Sitaula believe that the finalised interim constitution should be promulgated in the present shape without any changes. “The interim constitution will be promulgated within a week,” Sitaula publicly said on Saturday.

Then there is the civil society brigade and other organisations who have launched pressure campaigns for the immediate promulgation of the interim constitution as they have said that any delay in this matter could push back the date for Constituent Assembly elections and provide that much more time “for reactionaries to play their game.”

On the other hand, legal experts have already pointed out to several flaws in the proposed interim constitution. They have pointed out to the absence of principles of separation of power and checks and balances; excessive concentration of power in the hands of PM; and dilution of the independence of judiciary, among others.

Reports even say that the judges of the Supreme Court (SC) are preparing to submit an 11-point amendment to the proposed interim constitution. They have particularly raised concerns to few provisions, which they say could hurt the independence of judiciary. The judges could discuss these amendments on Sunday before submitting it to the Prime Minister.

Narayan Man Bijukchhe of Nepal Workers and Peasants Party (NWPP)

Narayan Man Bijukchhe of Nepal Workers and Peasants Party (NWPP) (File Photo)
Some leaders like Narayan Man Bijukchhe of Nepal Workers and Peasants Party (NWPP) have called for rewriting of the interim statute. Likewise, leaders of Nepal Sadbhavana Party (NSP-Anandidevi) have also called for some changes in provisions regarding delimitation of electoral constituencies. Interestingly, both NWPP and NSP-A are constituents of ruling Seven Party Alliance (SPA) and both of them have put their signatures in the finalised draft of interim constitution.

Most importantly, it is the conscience of PM Koirala, which could be causing the biggest delay. When PM Koirala, on December 30, expressed his dissatisfaction over the already finalised interim constitution, he could have been speaking his mind.

“Constitutional and legal experts also are against unlimited rights to the Prime Minister. Their protest is appropriate. I believe that the powers of the PM should be reduced,” Koirala had told reporters in Biratnagar last week.

Koirala had then said that his dissatisfaction on this issue was the prime cause for delay in the promulgation of the interim constitution.

Although a lawyer close to the PM revealed “in his inner mind the PM wants to make changes in some of its provisions before the interim constitution is promulgated,” it is not clear whether such reviews could be made before its formal promulgation or by the parliament, which will need to adopt it.

For the time being, the Prime Minister is faced with tough choices- whether to follow his mind or bow down to pressures of politics.