Shambhu Thapa

Shambhu Thapa (File Photo)
Though leaders of ruling seven party alliance and the Maoists agreed to promulgate the interim constitution without any amendment, president of Nepal Bar Association (NBA), Shambhu Thapa, and senior advocates have said the interim constitution has undermined the judiciary.

Top leaders of the ruling SPA and Maoists have decided to promulgate the interim constitution on January 15.

Speaking at an interaction in the Capital on Monday, Thapa, and two NBA presidential candidates — Basanta Ram Bhandari and Biswokanta Mainali — unanimously stressed that certain provisions, including the ‘impregnable position’ enjoyed by the Prime Minister in the interim constitution should be suitably amended.

Thapa further said, “The interim constitution appears more of a political document than a legal paper.”

Bhandari suggested the ruling SPA and the Maoists to make necessary amendments in the interim constitution before it is tabled at the HoR.

“If they fail to do so, there can be anarchy,” he warned.

He also made it clear that any constitution that is “dictatorial in any form” would be unacceptable to the NBA. “We will be compelled to initiate protests if dictatorial constitution is brought,” he warned.

Mainali said, “We will not allow any constitution (to be promulgated) that undermines judiciary.”

He further said that judiciary cannot be independent if the NBA fails to stand against any form of autocracy.

Similarly, senior advocate and former NBA president Harihar Dahal stressed on constitutional supremacy, rule of law, independent judiciary and human rights.