Form new constitution through constituent assembly: Legal experts

March 6, 2006
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Some experts on the Constitution and legal practitioners have opined that drafting a new constitution through a constituent assembly was the most viable way to end the festering conflict in the country.

One of the drafters of the 1990 constitution and former Justice of the Supreme Court, Laxman Prasad Aryal, said that the 1990 Constitution does not bar people from going to an election to a constituent assembly if the sovereign people want to draft a new constitution.

According to him, since the King promulgated the 1990 Constitution giving sovereign power to the people, this does not bar them from going to the constituent assembly.

“There is nothing left since the King has already given power to the people,” reports quoted Aryal as saying.

President of the Nepal Bar Association, Shambhu Thapa, said since the King has violated the 1990 Constitution, there is no other option than to draft a new constitution.

He also questioned as to why the King does not want to act with the parliament.

Former Law Minister Nilambar Acharya said the present Constitution does not have any provision for an active monarchy. “The King should be ready to go for a constituent assembly,” he added.

However, advocate Balkrishna Neupane said he would not support the NBA’s decision to go for a constituent assembly polls.